108 Political and security questions

Chapter II Political and security questions Africa

In 2004, Africa remained a priority concern for tioning of the Transitional Government the United Nations, whose efforts to restore the established under the terms of a 2002 peace conflict zones, especially the Great Lakes region agreement. Subsequently, an integrated army and West Africa, to peace and stability were command was instituted by the Transitional Gov- marked by progress and setbacks. While coun- ernment and the principal political institutions tries such as Sierra Leone and Liberia, with UN began to function. Despite that progress, the encouragement and assistance, were well on their remaining problems, including the slow pace way to overcoming obstacles that had blocked in adopting legislation, the need for State progress in the search for peace, others, includ- administration throughout the country, further ing Côte d’Ivoire, Ethiopia and Eritrea, and integration of former opposing forces and prep- Western Sahara, remained mired in conflict with aration for elections, appeared intractable. Vio- little immediate prospects of finding mutually lence erupted in the east of the country, with agreed solutions. The region suffered a further charges by the DRC of Rwandan involvement. The setback with the rapid escalation of the conflict United Nations Organization Mission in the DRC situation in the Darfur region of western Sudan, (MONUC) worked to halt the fighting and which risked further destabilizing the continent. arranged for the disarmament, demobilization Concerned about Africa’s future stability, the and reintegration of armed forces. In October, Security Council sent missions to both the Great the Council increased the Mission’s size and Lakes region and West Africa during the year to expanded its mandate, giving it the authority to urge leaders and parties to the conflicts to make use all necessary means to carry out its responsi- decisions that would lead to negotiated settle- bilities, including the protection of civilians and ments. The Council held one of its sessions in officials. Nairobi, Kenya, to demonstrate its deep concern In Burundi, the transitional process was well for the problems facing the continent. Many of under way, as positive steps were taken to imple- those problems were addressed by the Council, ment the 2000 Arusha Agreement on Peace and including the causes of conflict and the promo- Reconciliation, despite the refusal of one main tion of durable peace and sustainable develop- armed movement to join the process. In May, the ment in Africa, and enhancing Africa’s peace- Council established the United Nations Opera- keeping capacity. tion in Burundi (ONUB), which took over from As the countries of the Great Lakes region con- the AU peacekeeping mission. Its main tasks were tinued to experience conflict, especially the Dem- to monitor ceasefire agreements, promote confi- ocratic Republic of the Congo (DRC) and Bu- dence between the forces, assist in the delivery of rundi, the First International Conference on humanitarian assistance, contribute to the elec- the Great Lakes Region was held in November toral process and protect civilians. under the auspices of the United Nations and the In the Central African Republic, the United African Union (AU). The Conference called for Nations Peace-building Support Office in the measures to address the priority issues of peace Central African Republic (BONUCA) supported and security, governance and democracy, eco- the Government’s efforts to achieve reconcilia- nomic development, and social and humanita- tion and reconstruction, following years of un- rian issues. Also in November, the Council sent a rest. The Government made progress in prepar- mission to the region, which reported that both ing for elections, scheduled for 2005, by adopting the DRC and Burundi were at critical turning an electoral schedule and drafting a constitution points in their peace processes as they were faced and electoral laws. The constitution was adopted with implementing the remaining aspects of by the people in a December referendum. their agreed transition process, before proceed- The region of West Africa was marked by ing with elections that could lead to durable mixed progress in addressing conflicts. The peace and stability. Secretary-General, through the United Nations The military situation in the eastern part of Office for West Africa (UNOWA), sought solutions the DRC deteriorated in mid-year, following to combat the regional cross-border problems. In months of slow progress in advancing the func- that regard, he requested his Special Representa-

YUN04—6th proofs / OF July 24 2006 Africa 109 tive for West Africa to coordinate activities with under way for holding presidential elections. the UN missions in the region and regional or- That progress was temporarily halted in October ganizations, in particular the Economic Com- by a military mutiny, but calm was restored when munity of West African States (ECOWAS) and the the Government paid salary arrears of the armed Mano River Union (MRU). The Council called for forces and civil services. The United Nations a comprehensive and composite approach for so- Peace-building Support Office in Guinea-Bissau lutions to the conflicts in West Africa and made (UNOGBIS) continued to support the peace pro- recommendations to address the root causes of cess. conflict and promote sustainable peace, security Cameroon and Nigeria, acting through the and good governance. Cameroon-Nigeria Mixed Commission, took In Côte d’Ivoire, disagreements between politi- steps to resolve their border issues, following the cal parties over the delegation of powers in the 2002 ruling of the International Court of Justice Government of National Reconciliation and the on the land and maritime boundary. Work began refusal of armed factions to lay down arms on the delimitation of the border. blocked further implementation of the 2003 The situation in the Sudan drew international Linas-Marcoussis Agreement. Three main rebel attention when what appeared to be ethnic-based groups continued to hold the northern half of the violence erupted in the Darfur region of western country. In February, the Council established the Sudan, complicating an already protracted civil United Nations Operation in Côte d’Ivoire war and creating a serious humanitarian situa- (UNOCI), which created a zone of confidence be- tion. A peace process led by the Intergovernmen- tween the south and the rebel-controlled north. tal Authority on Development (IGAD) and as- After months of political stalemate and violent sisted by the AU was directed at helping the clashes between security forces and demonstra- parties implement the 2002 Machakos Protocol tors, the parties signed the Accra III Agreement dealing with the issues of the right to self- on reactivating the peace process. Little progress determination for the people of southern Sudan, followed, however, and further hostilities and the status of State and religion, and the 2003 erupted in November when Government forces Framework Agreement on Security Arrangements attacked rebels’ positions in the north. Mediation signed by the Government, the main rebel group, efforts, led by President Thabo Mbeki of South and the Sudan People’s Liberation Movement/ Africa, were undertaken to assist the parties to Army (SPLM/A). On 26 May 2004, the parties reach an agreement. agreed on a power-sharing mechanism under a In Liberia, the National Transitional Govern- Government of National Unity and on the ment succeeded in restoring State authority over administration of certain conflict areas. Mean- the entire country, with the assistance of the while in the south, rebel militias, known as the United Nations Mission in Liberia (UNMIL). The Janjaweed, carried out attacks on civilians in vil- disarmament process was completed in October lages and settlements in the Darfur region. By and armed groups were disbanded. However, the mid-2004, over a million people were in need of peace process remained fragile, as demonstrated urgent humanitarian assistance and about by the outbreak of violence in late October. 200,000 refugees had fled to Chad. The UN Sierra Leone also made strides in consolidat- Secretary-General responded to the situation by ing stability, having fulfilled nearly all provisions proposing that an advance team be sent there to of the 2000 Agreement on the Ceasefire and Ces- prepare for international monitoring of the 2003 sation of Hostilities. That progress led to the security agreement. The United Nations and the drawdown of the United Nations Mission in Sudan signed on 5 August a Plan of Action on Sierra Leone (UNAMSIL) from 11,500 troops to Darfur, by which the Sudan pledged to restore 5,000 by the end of the year. The disarmament, security to Darfur, enable delivery of aid and as- demobilization and reintegration programme for sist in the voluntary return of displaced persons. ex-combatants was closed on 31 March after four However, on 18 September, the Security Council years. The Truth and Reconciliation Commission said that the Government had not met its com- completed its trials of those accused of serious mitments to improve the security of the civilian human rights abuses and crimes against human- population of Darfur. The Council supported ity during the 10 years of civil war, and released the AU plans to augment its monitoring mission its final report to the public. in Darfur, and urged the Government and the re- Progress was also recorded in the Guinea- bel groups to reach a political solution. Towards Bissau situation, as it complied with the terms of the end of the year, the parties completed the the 2003 Political Transitional Charter by hold- process for the full implementation of the peace ing legislative elections leading to the formation framework, with the Government and SPLM/A of a new Government in May. Preparations were agreeing on a series of documents to be incorpo-

YUN04—6th proofs / OF July 24 2006 110 Political and security questions rated into a comprehensive peace agreement and The question of the future of Western Sahara signed in 2005. However, the situation in Darfur also remained unresolved due to a lack of com- remained a matter of concern. The Secretary- promise by the two parties to the dispute, Mo- General, as requested by the Council, established rocco and the Frente Popular para la Liberación the International Commission of Inquiry for de Saguía el-Hamra y de Río de Oro (POLISARIO), Darfur to investigate reports of serious violations despite their 1990 agreement to hold a referen- of international humanitarian law and human dum for the people to decide between indepen- rights law. dence or integration of the Territory with Mo- Slow but steady progress was made in the na- rocco. The latest peace plan, drawn up in 2003 by tional reconciliation process in Somalia, which the Secretary-General’s Personal Envoy, would began in 2002 at the Eldoret (Kenya) Conference divide governmental and administrative respon- under the auspices of IGAD. In January 2004, So- sibilities between the parties before the results of mali leaders signed a declaration on agreement the referendum were finalized. POLISARIO even- of issues related to a transitional federal govern- tually accepted that plan, but Morocco continued ment. At the Somali National Reconciliation to reject it. By the end of the year, the Secretary- Conference, held in Kenya intermittently over a General said that an agreement appeared more period of two years and attended by numerous distant than a year earlier, as there was no consen- representatives of Somali factions and clans, with sus on how to proceed to overcome the deadlock. the notable exception of Somaliland, the partici- The United Nations Mission for the Referendum pants agreed to form the Transitional Federal in Western Sahara (MINURSO) continued to mon- Parliament. In late 2004, that body elected its itor the ceasefire. Speaker and the Transitional President, thereby In December 2003, the Libyan Arab establishing the first national governmental in- Jamahiriya announced its decision to abandon stitutions since the country’s central Govern- programmes for developing weapons of mass de- ment disintegrated under the pressures of civil struction and their means of delivery. The Inter- war 14 years earlier. IGAD, as organizer of the national Atomic Energy Agency (IAEA), on 10 Conference, convened ministerial committee March, welcomed the voluntary decision and meetings which reached agreement on various Libya’s request that IAEA ensure verification that aspects of the planned transitional federal Gov- all its nuclear activities would be under safe- ernment, and the AU dispatched a reconnais- guards and exclusively for peaceful purposes. In sance mission to prepare for deploying military April, the Security Council also welcomed the monitors to Somalia. The United Nations Politi- decision and encouraged Libya to ensure the ver- cal Office for Somalia (UNPOS) remained in- ified elimination of all of its weapons of mass de- volved in the peace process and humanitarian struction programmes. efforts and continued to operate from Nairobi. The monitoring group established by the Secretary-General to investigate violations of the arms embargo against Somalia reported in Au- Promotion of peace in Africa gust that weapons continued to flow into, through and out of Somalia, in contravention of the embargo. The United Nations remained engaged in Little headway was made in the border dispute 2004 in the search to resolve the root causes of between Eritrea and Ethiopia. The United Nations conflict and to encourage peace and sustainable Mission in Ethiopia and Eritrea (UNMEE), which development in Africa. maintained its presence along the border zone, In August, the Secretary-General reported on continued to monitor the implementation of implementation of his 1998recommendations on the 2000 Algiers Peace Agreements between the overcoming the root causes of conflict and pro- two countries. Although a decision on delimita- moting durable peace, focusing on progress and tion of the border had been made in 2002 by hindrances encountered over the previous two the Boundary Commission and the Secretary- years. He found that, while progress had been General’s Special Envoy continued to negotiate made in tackling conflict situations, some worri- with both sides, the physical demarcation process some trends had emerged. The General Assem- remained stalled throughout 2004. In Novem- bly welcomed the progress as reported by the ber, Ethiopia proposed a plan for resolving the Secretary-General and his recommendation that dispute through peaceful means, including the Member States strengthen cooperation between suggestion that both sides implement the Bound- the UN system and the AU and other African or- ary Commission’s decision. Eritrea was dismiss- ganizations in the maintenance of peace and ive of the plan. security. The Secretary-General was requested to

YUN04—6th proofs / OF July 24 2006 Africa 111 explore suitable arrangements through which future status within the Council in order to Member States could support Africa’s efforts to respond to new trends in the search for solutions address the multiple causes of conflict. to African conflicts. The Secretary-General, reporting in Novem- Economic and Social Council action.The Eco- ber on the peacekeeping capacity in Africa, dis- nomic and Social Council considered the work of cussed the efforts of the AU and other African its ad hoc advisory groups on African countries regional and subregional organizations in emerging from conflict and, in July, it adopted strengthening their continental security archi- resolution 2004/59 on its assessment of those tecture, including the establishment of an Afri- advisory groups (see pp. 156 and 932). can Standby Force, and proposed measures the United Nations could adopt in support of that Implementation of Secretary-General’s initiative. 1998 recommendations on promotion of peace Working Group. In an 8 January note Report of Secretary-General (August). The [S/2004/5], the Security Council President said Secretary-General, in response to General As- that, after consultations among the members, it sembly resolution 58/235 [YUN 2003, p. 106], sub- had been agreed that Ismael Abraão Gaspar Mar- mitted on 20 August [A/59/285] a report on imple- tins (Angola) would serve as Chairman of the Ad mentation of the recommendations contained in Hoc Working Group on Conflict Prevention and his 1998 report on the causes of conflict and pro- Resolution in Africa until the end of 2004. In a 30 motion of durable peace and sustainable devel- December note [S/2004/1031], the President stated opment in Africa [YUN 1998, p. 66]. The report, that the Council members had agreed that the Ad which updated information since his 2003 review Hoc Working Group would continue its work un- [YUN 2003, p. 106], highlighted progress in the til 31 December 2005. implementation of those recommendations, That Working Group, established in 2002 [YUN identified challenges and constraints and made 2002, p. 93], reported in December 2004 [S/2004/ specific proposals on measures to accelerate the 989] on its 2003-2004 activities. It provided assist- implementation of those recommendations. He ance to a number of meetings and panels related reported that, while steady progress was made in to conflict prevention and resolution, contrib- peacemaking and peacekeeping, progress was uted to Council missions to Africa, and enhanced slow in other areas, such as the strengthening of its working relationship with Economic and So- democratic governance, enhancing administra- cial Council advisory groups dealing with Afri- tive capacity, ensuring the independence of the can countries emerging from conflict. It also ex- judiciary and promoting transparency and ac- amined regional and cross-conflict issues that countability. affected the Security Council’s work, and de- The number of countries in the region experi- veloped partnerships with other institutions, encing armed conflict had dropped from 14 in such as the International Peace Academy. 1998, to six in 2004 and very few others were fac- Security Council consideration. The Security ing deep political crises. Most African countries Council, on 22 December [meeting 5106], heard a were relatively stable politically and were gov- statement by the Chairman of the Ad Hoc Work- erned by democratically elected regimes. Their ing Group on the Group’s 2003 report [YUN 2003, efforts were directed at economic reconstruction p. 105]. He recalled the Group’s round-table dis- and at combating poverty and underdevelop- cussion with the International Peace Academy, ment. Peace agreements were negotiated in Bu- which included the Secretary-General’s sugges- rundi, Côte d’Ivoire, the Democratic Republic of tion to consider how to deal with Governments the Congo (DRC), Eritrea, Ethiopia, Liberia and that had been democratically elected but defied the Sudan. Under the auspices of the AU, African constitutional order and flouted basic govern- countries had established a legal framework and ance. Referring to the Council’s invitation, in structures to deal with conflicts, such as the Peace presidential statement S/PRST/2004/44 (see and Security Council and the protocol relating to p. 282), to the Secretary-General to explore new its establishment, and the Committee of the Wise means of cooperation between the United which supported the Council. They also de- Nations and the AU, he said that the Working ployed peacekeeping forces and military observ- Group could play a pivotal role in enhancing co- ers in a number of African countries and were es- operation between the Council and the AU’s tablishing an African standby force to enable newly established Peace and Security Council. them to participate more effectively in peace op- He suggested that the Working Group reflect on erations. The number of military coups had di- how it could better implement its mandate, in- minished and those countries that had experi- cluding through the continued development of enced attempted or successful coups (Central partnerships with other institutions, and on its African Republic, Comoros, Guinea-Bissau, Sao

YUN04—6th proofs / OF July 24 2006 112 Political and security questions

Tome and Principe and Sierra Leone) had re- increasing source of tension in West, Central and stored or were attempting to return to law and East Africa, as a result of high fertility rates and a order. Efforts were also under way in the areas of shortage of arable land. Those pressures threat- governance and human rights. Some 23 coun- ened to undermine UN and African Govern- tries had acceded to the African Peer Review ments’ efforts in peace-building, the promotion Mechanism of the New Partnership for Africa’s of good governance and democratization. The Development (NEPAD) [YUN 2001, p. 899], set up by Secretary-General urged the international com- the AU to promote political, economic and corpo- munity to take steps to reverse those trends, in- rate governance and human rights observance. cluding tightening the rules and controls to regu- The long-standing issue of Angola had been re- late the trade in diamonds (see p. 57) and solved, and the Security Council had approved engaging more seriously in the fight against pov- new peacekeeping missions in Burundi, Côte erty, and to support efforts to strengthen co- d’Ivoire, the DRC and Liberia, and an advance operation among the UN system, the AU and team for the Sudan. In general, there were in- other African regional organizations. In that re- creased prospects for peace restoration in all gard, he instructed relevant UN agencies, depart- countries experiencing armed conflict, although ments and offices to look into new ways of collab- instability continued in the Great Lakes region, oration. the member countries of the Mano River Union and in parts of Central Africa. GENERAL ASSEMBLY ACTION The report provided details of action taken to On 23 December [meeting 76], the General As- implement the recommendations as well as con- sembly adopted resolution 59/255 [draft: A/59/ straints in the following areas of peacemaking: L.50/Rev.1 & Add.1] without vote [agenda item 38 (b)]. the appointment of special mediators and special commissions; mobilizing international support Implementation of the recommendations contained in the report of the Secretary-General on the for peace efforts; improving the effectiveness of causes of conflict and the promotion of durable peace sanctions; stopping the proliferation of arms; es- and sustainable development in Africa tablishing multidisciplinary peacekeeping mis- The General Assembly, sions that bridged the gap to integrated recon- Recalling the report of the Open-ended Ad Hoc struction and development; supporting efforts by Working Group on the Causes of Conflict and the Pro- African regional organizations in peacekeeping; motion of Durable Peace and Sustainable Develop- providing UN and other support for regional and ment in Africa, and its resolutions 53/92 of 7 Decem- subregional initiatives; protecting civilians in situ- ber 1998, 54/234 of 22 December 1999, 55/217 of ations of conflict; addressing refugee security 21 December 2000, 56/37 of 4 December 2001, 57/296 issues; coordinating humanitarian assistance; en- of 20 December 2002, 57/337 of 3 July 2003 and 58/235 of 23 December 2003, as well as resolution suring post-conflict peace-building; financing re- 59/213 of 20 December 2004 on cooperation between covery, especially by the International Monetary the United Nations and the African Union, Fund and the World Bank; working towards a co- Recalling also, in this context, Security Council reso- ordinated international response; securing re- lutions 1325(2000) of 31 October 2000 on women and spect for human rights and the rule of law; pro- peace and security, and 1366(2001) of 30 August 2001 moting transparency and accountability in public on the role of the Council in the prevention of armed administration; managing natural resources; and conflicts, eliminating discrimination against women. Recalling further the creation by the Economic and The Secretary-General noted that slow pro- Social Council, by its resolution 2002/1 of 15 July 2002, of ad hoc advisory groups on African countries gress was shown in poverty reduction, despite Af- emerging from conflict, rican countries’ efforts to implement NEPAD and Reaffirming that the implementation of the recom- create an enabling environment for economic mendations contained in the report of the Secretary- growth and sustainable development. Efforts General on the causes of conflict and the promotion of were under way to reduce trade in small arms and durable peace and sustainable development in Africa to prevent the harbouring of opponents with mil- must remain a priority on the agenda of the United itary capabilities in neighbouring countries and Nations system and for Member States, uncontrolled military groups. Noting with concern the slow progress in the imple- However, certain trends threatened to affect mentation of many of the recommendations contained in the report of the Secretary-General, as well as the peace in Africa adversely, including the worsen- emergence of trends that could potentially affect the ing conditions for young people, in particular peace and stability of Africa, high unemployment rates, the spread of the HIV/ Stressing that the responsibility for peace and AIDS pandemic, and the illicit exploitation of and security in Africa, including the capacity to address trade in natural resources. Demographic pres- the root causes of conflict and to resolve conflicts in a sures and issues of migration were becoming an peaceful manner, lies primarily with African coun-

YUN04—6th proofs / OF July 24 2006 Africa 113 tries, while recognizing the need for support from the States, in particular donor countries, as well as other international community, development partners and relevant regional and sub- Reaffirming the need to strengthen the synergies be- regional organizations as appropriate, to continue to tween Africa’s economic and social development pro- provide financial and technical assistance, in a coordi- grammes and its peace and security agenda, nated and sustained manner, to support activities in 1. Takes note of the progress report of the Secretary- Africa, inter alia, to eradicate poverty, promote respect General on the implementation of the recommenda- for human rights and strengthen the rule of law and tions contained in his report on the causes of conflict transparent and accountable public administration; and promotion of durable peace and sustainable devel- 11. Requests the Secretary-General to explore and opment in Africa, including an overview of trends and recommend suitable arrangements and mechanisms challenges as well as further advances in a wide range through which Member States could more effectively of areas made since the last progress report; support Africa’s efforts to address the multiple causes 2. Welcomes the progress that has been made in the of conflict in Africa, including their regional dimen- prevention and settlement of disputes and the sus- sions, and to strengthen, in a coordinated and sus- tained efforts by African regional and subregional ini- tained manner, preventive action as well as post- tiatives to mediate and resolve conflicts, and the conflict peacebuilding; support given by the international community and the 12. Decides to continue to monitor the implementa- United Nations to those efforts; tion of the recommendations contained in the report 3. Notes with appreciation the efforts to enhance co- of the Secretary-General on the causes of conflict and ordination to ensure that African regional and sub- the promotion of durable peace and sustainable devel- regional initiatives continue to be taken in close consul- opment in Africa; tation and coordination with the United Nations in 13 . Requests the Secretary-General to submit to the order to ensure that the United Nations can play a General Assembly at its sixtieth session a progress re- clear role, as appropriate, in the subsequent imple- port on the implementation of the present resolution. mentation of mediated settlements; 4. Welcomes the successful establishment of the Peace and Security Council of the African Union, and African peacekeeping capacity looks forward to the establishment of other supporting Consideration by Special Committee on elements such as a Panel of the Wise, a continental early warning system, an African standby force and a Peacekeeping Operations. The Special Commit- special fund; tee on Peacekeeping Operations, at its 2004 ses- 5. Encourages, in this context, the international sion (New York, 29 March–16 April), discussed community to continue to support the ongoing efforts enhancing African peacekeeping. It recognized of African countries to develop their capacity to the effort to establish the African Standby Force undertake peace support operations at regional and (see below) through regional partnership ar- subregional levels, including their effort to establish a rangements and the need to further expand the continental early warning system; pool of African military, civilian police and 6. Welcomes the establishment and coming into force of the African Peace Facility of the European civilian specialists available for peacekeeping op- Union to support the implementation of peace initia- erations. It requested that efforts to train African tives undertaken by the African Union and African peacekeeping military personnel be enhanced subregional organizations; and conducted according to UN standards and 7. Also welcomes the recommendation of the that regional and subregional organizations and Secretary-General to Member States to strengthen co- Member States expand training for civilian police operation between the United Nations system, the Af- and specialists. The Special Committee wel- rican Union and other African organizations in the maintenance of international peace and security; comed the new partnerships for building Africa’s 8. Further welcomes the decision of the Secretary- capacity for conflict prevention, peacekeeping General to instruct relevant agencies, departments and and peace-building between the United Nations, offices of the United Nations to look into new ways of the AU and other regional organizations and bod- collaborating with the African Union in order to boost ies, and individual Member States, and looked its efforts in undertaking peace operations; forward to the Secretary-General’s comprehen- 9. Recognizes the contribution made by the ad hoc sive report on the enhancement of Africa’s peace- advisory groups on African countries emerging from keeping capacity. conflict of the Economic and Social Council, as well as by the Ad Hoc Working Group on Conflict Prevention Report of Secretary-General. In accordance and Resolution in Africa of the Security Council, in with General Assembly resolution 57/48 [YUN promoting peace and sustainable development, and 2002, p. 235], the Secretary-General reported on 30 emphasizes the need for continued collaboration be- November [A/59/591] on the enhancement of Af- tween the Economic and Social Council and the rican peacekeeping capacity. The report exam- Security Council in generating a coherent approach to ined the role of African regional and subregional the challenges of conflict prevention, conflict resolu- tion and post-conflict reconstruction in Africa; organizations in peacekeeping and that of the Af- 10. Notes the support offered by the United Nations rican Standby Force in a response system, and the system in the context of conflict prevention and peace way forward. The report noted that, since 1999, consolidation, and in this regard calls upon Member the United Nations had faced a surge in demand

YUN04—6th proofs / OF July 24 2006 114 Political and security questions for peacekeeping and, of the more than 53,000 through the establishment of the African Peace troops, military observers and civilian police cur- Facility [S/2004/444] at a cost of 250 million euros, rently serving in 17UN missions, more than half which became operational on 25 May. It also pro- of them were in Africa. In the previous year, the vided funds for the AU to expand its peace and Security Council had authorized new missions in security staff capacity; in a 6 July declaration, it Burundi and Liberia, expanded those in Côte reiterated its intention to support the strengthen- d’Ivoire and the DRC, and was planning another ing of peace and security mechanisms in Africa. for the Sudan (see p. 247). For its part, the United Nations focused on In the past five years, the AU and subregional building the capacity of individual African troop organizations, such as the Economic Community contributors to participate in UN peacekeeping of West African States (ECOWAS), had played an operations. It could do more to assist the AU,butit increasingly prominent role in the maintenance hadtohaveaclearmandateandtherequiredre- of peace and security in African regions. Co- sources. The Organization, with its partners, also operation with ECOWAS included support to its needed to coordinate efforts within the framework missions in Côte d’Ivoire, Liberia and Sierra Le- of a joint action plan that reflected comparative one in the form of the provision of logistical and advantage in delivering peace and security and financial advice, planning and deployment and the needs and wishes of the providers and benefi- sustainment. The Secretary-General’s Special ciaries of peacekeeping operations. Such a plan Representative for West Africa worked with should address issues such as a common doctrine States and organizations on issues of cross-border and training standards; equipment and adequate security problems, such as illicit trafficking of logistical support, including sea and airlift ca- weapons and combatants, and conflict preven- pabilities; funding; and planning and manage- tion in the Mano River region. In East Africa, the ment capacity for peacekeeping operations. The United Nations supported the Intergovernmen- Secretary-General suggested concrete initiatives tal Authority on Development (IGAD). the United Nations could undertake in collabora- AnewAU security structure was expected to tion with key African partners in those areas, in- have profound implications for peacekeeping on cluding: the establishment of a revolving fund to the continent, particularly the Policy Framework allow African Member States to obtain equipment Document approved by the AU Summit (Addis from liquidating peacekeeping missions in Africa Ababa, Ethiopia, 6-8 July), establishing the or to purchase from the United Nations strategic Standby Force and the Military Staff Committee. deployment stocks; promoting the use of a com- A standby brigade from each of the five subre- mon set of equipment; making available to the AU, gions, established by 2010, would be composed of to strengthen its strategic headquarters capacity, nationally based units available for rapid deploy- the significant UN capacity to plan, launch, man- ment under the auspices of such organizations as age and conduct peacekeeping operations; and the AU, ECOWAS or the Southern African Devel- promoting longer-term programmes for the ex- opment Community (SADC) or a coalition of the change of staff. willing. The Standby Force, which would partici- Those measures should be seen as part of an pate in various peacekeeping scenarios, from “open door” policy to give African regional and ceasefire monitoring to multidimensional peace- subregional organizations full access to updated keeping and peace enforcement, would allow Af- information on conflicts and potential conflicts, rican Member States to contribute more effec- best practices and lessons learned, mission plan- tively to both African and UN-led peacekeeping ning templates and other relevant documents. operation in Africa and elsewhere and would be a welcome addition to tools available to the interna- tional community for managing crises in Africa Central Africa and other parts of the world. In addressing the way forward, the Secretary- and Great Lakes region General welcomed the commitment made by the Group of 8 at their annual summit (Sea Islands, United States, June), in response to the AU’s ap- The volatile situation in Central Africa and the peal for assistance in setting up the Standby Great Lakes region remained a major concern to Force, to train and help equip 75,000 peacekeep- the international community in 2004, in particu- ers by 2010 as part of a plan to expand global ca- lar the conflicts in the Democratic Republic of pability for peace support operations. He also the Congo (DRC), Burundi and Rwanda. During welcomed the commitment of the European the year, the United Nations continued its search Union (EU) to strengthening the AU’s ability to for political solutions to the widespread unrest in conduct peace support operations, including the Great Lakes region. In support of that effort,

YUN04—6th proofs / OF July 24 2006 Africa 115 it organized in November, in collaboration with personnel to 16,700 and expanded its mandate, the AU , the First International Conference on the giving it the authority to use all necessary means to Great Lakes Region, which outlined a number of carry out its tasks. Those tasks included deploy- measures to address the priority issues of peace ment to volatile areas, ensuring the protection of and security, governance and democracy, eco- civilians, seizing illegal arms, protection of offi- nomic development, and social and humanita- cials and contributing to the electoral process. rian issues. In addition, the United Nations Relations with Rwanda remained tense as the Standing Advisory Committee on Security Ques- two countries continued to make charges and tions in Central Africa met at the ministerial level counter-charges of invasion and threats of inva- in June to discuss the geopolitical and security sion and of assisting opposing armed factions. situation in the region. Nevertheless, the two countries were among the Meanwhile, the Security Council, as it had regional States which signed the Tripartite done in the previous four years, sent a mission to Agreement and the Dar es Salaam Declaration on the region in late November to assess the situa- Peace, Security, Democracy and Development in tion. The mission reported that both the DRC and the Great Lakes Region. They also established Burundi were at a crucial turning point in their the Joint Verification Mission to monitor the peace processes and faced the similar challenge border between their countries. of implementing the outstanding aspects of their As requested by the Council, the Secretary- respective transition process, such as conducting General established a Group of Experts to report credible elections that would lead to durable on the flows of arms in the region. The Group peace and stability. Both also had transitional found that Rwanda supported dissident military Governments in place and, with assistance from leaders in eastern DRC and violated the arms em- UN peacekeeping forces, were attempting to bargo. In July, the Council extended the arms solve the issue of armed groups by bringing them embargo for another year, until 31July 2005, and into the peace process and arranging disarma- requested the Secretary-General to re-establish ment and reintegration programmes. the Group of Experts. In the DRC, following months of slow progress The transitional process in Burundi also made to advance the establishment and functioning of some progress towards implementation of the the transitional Government, as outlined in the peace agreement between rebel forces. The 2000 2002 Global and All-Inclusive Agreement [YUN Arusha Agreement on Peace and Reconciliation 2002, p. 125] signed by a number of armed factions, [YUN 2000, p. 146] provided for political reform the transitional Government in Kisangani took during a three-year transition period. By 2004, steps to establish an integrated army command only one main armed movement had not joined and to operationalize the principal political insti- the political process and hostilities continued tutions. However, a number of challenges re- throughout the year in one area of Burundi mained, including the slow pace in adopting where that group continued to operate. In May, needed legislation, the extension of State ad- the Security Council established the United ministration throughout the country, military Nations Operation in Burundi with a maximum integration and reintegration of former forces, force of 5,650 military personnel to monitor and preparation for elections. The situation was ceasefire agreements, promote confidence be- further complicated by the outbreak of violence tween Burundi forces, monitor the illegal flow of in eastern DRC, causing the military and security arms and the quartering of Burundi armed situation to deteriorate. The Governments of forces, assist in providing safe conditions for de- the DRC and Rwanda accused each other of in- livery of humanitarian assistance, contribute to volvement in the violence by supporting anti- the electoral process and protect civilians. The government armed groups. The United Nations UN mission took over from the African Mission Mission in the Democratic Republic of the Congo in Burundi set up by the AU in 2003, and it (MONUC) took action to halt the fighting and co- incorporated the existing United Nations Office ordinated with the Government and opposing in Burundi. parties to arrange the disarmament, demobiliza- In August, some 150 refugees from the DRC tion, resettlement and reintegration of armed were massacred in Gatumba, Burundi, in what forces. The Security Council expressed concern appeared to be an ethnically motivated crime. In- about the continuation of hostilities in eastern vestigations were unable to determine who had DRC and warned neighbouring States of the con- organized and carried it out. In December, the sequences of supporting armed rebel groups. Security Council called on the DRC and Rwanda Acting on the recommendation of the to cooperate with Burundi in the investigation of Secretary-General, the Security Council, in Octo- the massacre, and it requested the UN missions ber, authorized the increase of MONUC military in those countries to assist the investigation and

YUN04—6th proofs / OF July 24 2006 116 Political and security questions strengthen the security of vulnerable popula- Organizations from the Great Lakes Region tions. The Council stated its intention to consider (Arusha, United Republic of Tanzania, 20-24 measures against those who threatened the September). The Conference concluded with the national reconciliation process in Burundi. adoption and signing of the Dar es Salaam Decla- Towards the end of the year, progress was ration on Peace, Security, Democracy and Devel- made, especially with regard to the peaceful ex- opment in the Great Lakes Region by the heads tension of the Burundi transitional Government of State and Government of Angola, Burundi, for at least six months after its original deadline the Central African Republic, the Congo, the of 31 October 2004, the establishment of an elec- DRC, Kenya, Rwanda, the Sudan, Uganda, the toral calendar, and the adoption of a post-transi- United Republic of Tanzania and Zambia. tion constitution to be put to a popular referen- The Declaration, which provided a vision and dum. Legislation remained to be adopted on follow-up mechanism, addressed the four themes electoral procedure and reform of the armed of the Conference: peace and security, democ- forces and police. racy and governance, economic development The Central African Republic was also run by a and regional integration, and humanitarian and transitional Government in 2004, following a social issues. The leaders expressed their com- coup d’état in March 2003. In similar steps as in mitment to: support the national peace processes other regional countries, the Government, which in the region and refrain from negatively impact- included all political factions, made progress ing them; establish a regional security framework towards elections, scheduled for 2005, having for the prevention, management and settlement adopted an electoral schedule and having of conflicts; strengthen cooperation in defence drafted a constitution, electoral code and laws on and security; ensure security at borders; prevent political parties. The constitution was approved assistance to armed groups; support national dis- by the people of the Central African Republic in armament and demobilization programmes; fight a December referendum. The United Nations trans-border crime and terrorism; protect vul- Peace-building Support Office in the Central Af- nerable groups; promote democracy and good rican Republic remained in the country to governance; promote multiculturalism, toler- support the Government’s efforts to achieve rec- ance and human rights; cooperate in enhancing onciliation and reconstruction following years of economic growth through economic integration; unrest and continued serious crime. The crises of establish or strengthen regional legal, adminis- the region and, in particular, the burgeoning trative and institutional frameworks for regional problems in the Sudanese region of Darfur, were integration; adopt regional policies to promote also areas of concern for the Central African Re- the private sector; promote cooperation in trade, public. monetary policies, energy, transport, tourism, The year 2004 marked the tenth anniversary of culture, environment and information technolo- the 1994genocide in Rwanda, for which the Gen- gies; pursue a collective strategy on enhanced ac- eral Assembly held a solemn commemoration. cess to international markets; find solutions to On 11 November [S/2004/904], the Secretary- the problems of displaced and refugee popula- General stated that the mandate of his Special tions; guarantee the safety of humanitarian per- Representative for the Great Lakes Region would sonnel; establish an early warning and rapid re- expire on 31 December. In view of the first and sponse mechanism for natural and man-made second conferences on the Great Lakes, he af- disasters; prohibit the recruitment of children firmed his intention to extend the mandate until into armed forces; and promote strategies to curb 31 December 2005. The Council took note of the the spread of endemic diseases such as HIV/AIDS, intention on 16 November [S/2004/905]. tuberculosis and malaria. The participants decided to set up a Regional International Conference on Great Lakes Inter-Ministerial Committee, assisted by the Re- The First International Conference on Peace, gional Preparatory Committee, to prepare draft Security, Democracy and Development in the protocols and programmes of action to be sub- Great Lakes Region was held on 19 and 20 No- mitted to the second summit which would form vember in Dar es Salaam, United Republic of the Declaration part of a pact on security,stability Tanzania. Organized under the auspices of the and development in the Great Lakes region. United Nations and the AU, the summit meeting was preceded by the Pre-Summit Meeting of the Conference preparations Ministers for Foreign Affairs (Dar es Salaam, 16- The Secretary-General, in a 12 March letter to 17 November), the First Great Lakes Regional the Security Council [S/2004/528], noted the pro- Women’s Meeting (Kigali, Rwanda, 7-9 October) gress in the preparations for the international and the Meeting of Regional Non-Governmental conference on the Great Lakes region and stated

YUN04—6th proofs / OF July 24 2006 Africa 117 that, in order to assist in follow-up to the confer- processes in both countries since the Council’s ence’s preparatory meetings and in the establish- mission in 2003. However, much remained to be ment of the national preparatory committees, the done to consolidate the historic advances and to Office of his Special Representative would need build sustainable peace in the region. The inter- nine international civil servants, in addition to its national community’s commitment to continue current seven administrators. On 30 June [S/2004/ supporting peace efforts in the subregion was 529], the Council President responded that mem- therefore as critical as ever. The mission pro- bers had requested more detailed information on vided an added impetus, encouraging the parties the need for nine additional staff. to fulfil their commitments to the peace process The EU, in a 19 October statement of its Presi- in both Burundi and the DRC. dency, on the occasion of the meeting of the Pre- 2004 mission. On 8 November [S/2004/891], the paratory Committee for the International Con- Council President informed the Secretary- ference on the Great Lakes Region (Kinshasa, General that the Council had decided to send DRC) [S/2004/864], pledged the financial, techni- another mission to Central Africa from 20 to 25 cal and diplomatic support of the Group of November, headed by Jean-Marc de La Sablière Friends of the Great Lakes Region, of which the (France). The mission would visit Burundi, the EU was a member, to help make the conference a DRC, Rwanda and Uganda. In its general man- success. date, the mission would, among other tasks, stress Security Council consideration. On 27 Octo- the need to continue the peace and transitional ber [meeting 5065], the Security Council was briefed processes in the DRC and Burundi (see pp. 119 by Ibrahima Fall, the Special Representative of and 152) and to bring them to a successful conclu- the Secretary-General for the Great Lakes Re- sion in 2005. It would call on Governments of the gion, on the status of preparations for the First region to cooperate in areas of security,including International Conference to be followed by a joint monitoring of borders and combating the il- second and final summit in 2005. He said that the legal traffic in arms, and economic development. entire process had given rise to ideas and sugges- The mandate also addressed the specific situa- tions for the regional preparatory meetings, on tions and actions to be accomplished in each of the basis of which the Dar es Salaam declaration the countries to be visited. would be finalized. The inclusive preparatory On 30 November [S/2004/934], the mission re- meetings allowed for a geographical broadening ported on its visit, the fifth in as many years. The among countries participating, which increased mission observed that, while the Council had rec- from seven to eleven, with the addition of An- ognized the linkages between the peace processes gola, the Central African Republic, the Congo of the DRC and Burundi, the regional dimension and the Sudan. Four priority areas had been of the conflict had become more prominent over identified for the conference: peace and security; the previous 18 months, as was demonstrated by governance and democracy; economic develop- the massacre on 13 August in a refugee transit ment and regional integration; and social and centre in Gatumba, Burundi (see p. 150). The re- humanitarian issues. sulting refugee flows affected all countries in the Members of the Council continued informal subregion. The mission was also concerned by consultations on the subject. unconfirmed reports of cross-border coopera- tion between different armed groups. Despite the Security Council missions to Central Africa reinforcement of MONUC and the establishment Follow-up to 2003 mission. The Secretary- of ONUB, the task remained vast. With no fewer General, in response to Security Council presi- than 325 identified airstrips, illicit arms contin- dential statement S/PRST/2003/12 [YUN 2003, ued to flow through the porous borders into the p. 109], submitted a 20 January progress report DRC. The mission condemned the prevalence of [S/2004/52] on advances made in the implementa- sexual violence in both the DRC and Burundi, tion of the recommendations of the Council’s perpetrated by almost all armed groups, includ- 2003 mission to Central Africa [YUN 2003, p. 109] re- ing army units of the two countries. However, it garding the situations in the DRC and Burundi was convinced that the provisions of the Dar es (see pp. 120 and 142), and detailed preparations Salaam Declaration (see p. 116) provided a solid for the convening of an international conference basis for consolidating peace and promoting co- on the Great Lakes region (see p. 116). operation between the countries of the Great The Council, on 17February [meeting 4911],con- Lakes region. The successful conclusion of the sidered the Secretary-General’s progress report. First International Conference on the Great The Assistant Secretary-General for Political Af- Lakes Region gave hope for regional coopera- fairs, Tuliameni Kalomoh, told the Council that tion. Rwanda’s threatened preparedness to cross substantial progress had been made in the peace the border to “neutralize” the former Armed

YUN04—6th proofs / OF July 24 2006 118 Political and security questions

Forces of Rwanda (ex-FAR/Interahamwe) rein- Tome and Principe; cooperation between the forced the need for stronger regional coopera- United Nations and the Economic Community tion. of Central African States (ECCAS); and the Com- The mission exchanged views with President mittee’s future. Museveni of Uganda on the status of the peace Concerning Burundi, the Committee wel- processes and on the humanitarian situation in comed the 2003 signing of the Global Ceasefire Uganda. In regard to northern Uganda, Mr. Agreement [YUN 2003, p. 152] but remained con- Museveni expressed the view that the conflict cerned about the lack of resources for initiating there would soon cease, given the recent develop- the disarmament, demobilization and reintegra- ments in the Sudanese peace process (see p. 236) tion (DDR) process. It recommended the estab- as a result of the curbing of cross-border opera- lishment of an electoral and political system tions of the Lord’s Resistance Army, whose com- which encouraged compromise, the search for batants had become “fugitives”. consensus to facilitate national reconciliation, The mission concluded that, in spite of the re- and the observance of the electoral timetable maining challenges, there had been a steady pos- stipulated in the 2000 Arusha Agreement [YUN itive trend in the promotion of regional security. 2000, p. 146]. The Committee called on ECCAS to Since the adoption of the Principles on Good- become more involved in the search for a lasting Neighbourly Relations and Cooperation between solution to the crisis in Burundi. the DRC and its eastern neighbours in September The Committee welcomed the efforts of the 2003 [YUN 2003, p. 133], much progress had been transitional Government in the Central African made, leading up to the adoption of the Dar es Republic to implement the recommendations of Salaam Declaration. The mission recommended the 2003 national dialogue [YUN 2003, p. 158],in- that the Council encourage the participants in cluding the electoral timetable. It appealed to bi- the International Conference on the Great Lakes lateral and multilateral donors to support the Region to focus on the development of priorities economic and financial needs of the country. and speedy implementation. Noting the situation in the DRC, the Commit- Security Council consideration. The Council, tee appealed to all political actors to abide by the on 30 November [meeting 5091], heard a briefing by provisions of the Global and All-Inclusive Agree- the head of the mission, Mr. de La Sablière, who ment on the Transition of the DRC Government said that the mission came back encouraged, even [YUN 2002, p. 125]. The international community though much remained to be done, by the widely was urged to support reconstruction, national shared determination by Congolese and Burun- reconciliation and election preparations. dian officials to move to elections and, by the ex- The Committee noted with satisfaction the cli- tent of the progress achieved since the Council’s mate in which the legislative and municipal elec- 2003 mission. The international community tions had been held in April in Equatorial Guinea should exert effective influence in its engage- (see p. 234) and condemned the attempts to over- ment in the two countries. To that end, better use turn the democratically elected institutions by should be made of the coordination mechanisms force. In view of the magnitude of the problems in the DRC. It was equally essential that the elec- relating to mercenary activities, the Committee tions scheduled for 2005 should not be jeopar- decided to include the issue in the agenda of its dized by new outbreaks of violence, particularly next meeting. It encouraged Equatorial Guinea in the eastern part of the DRC. The regional di- and Cameroon to implement the decisions taken mension of certain problems made it clear that in the framework of the ad hoc joint commission the success of the Great Lakes Conference had to on security questions between the two countries, be followed up by the swift implementation of the which met in Malabo in June (see p. 234). Dar es Salaam Declaration by establishing priori- The Committee welcomed the efforts of all ties. Thinking about the post-electoral period political actors in Sao Tome and Principe to find should also begin. a consensus-based solution to the political crisis in the country, and encouraged the Government Standing Advisory Committee to continue efforts aimed at restructuring and on Security Questions training the country’s security forces. It wel- The United Nations Standing Advisory Com- comed the mission sent by ECCAS in March to that mittee on Security Questions in Central Africa, at country. its twenty-first ministerial meeting (Malabo, Condemning the attempted coup in Chad on Equatorial Guinea, 21-25 June) [A/59/154-S/2004/ 16 May, the Committee expressed concern about 576 ], discussed the geopolitical and security situa- the general situation on the border between Chad tion in Burundi, the Central African Republic, and the Sudan (see p. 239) and welcomed the Chad, the DRC, Equatorial Guinea, and Sao mediation efforts led by President Idriss Déby

YUN04—6th proofs / OF July 24 2006 Africa 119 of Chad to find a solution to the problems in the ties in maintaining order; support the disarma- Darfur region. ment of foreign combatants; and assist in the pro- The Committee called for further cooperation motion of human rights. The Council also between ECCAS and the United Nations. In re- increased its strength by 5,900 personnel, includ- gard to its own future, the Committee decided on ing up to 341 civilian police. action for its revitalization and to enhance the The Secretary-General, on 18 November [SG/A/ effectiveness of its functioning, including the 896-AFR/1067-BIO/3624], announced the appoint- establishment by member States of follow-up and ment of Ross Mountain (New Zealand) as his evaluation mechanisms and holding thematic Deputy Special Representative for the DRC, and meetings on major issues. Resident Coordinator and Humanitarian Coor- The Committee assisted ECCAS in establishing dinator for the DRC. a mechanism for conflict prevention and man- agement (the Council for Peace and Security in Political and military developments Central Africa (COPAX)), and appealed to the ECCAS secretariat to operationalize COPAX as Formation of national army soon as possible. The Secretary-General, in his fifteenth report on MONUC [S/2004/251] (see p. 121), reported that Democratic Republic of the Congo initial steps had been taken towards restructur- ing the national army, to be known as the Forces In 2004, the Security Council worked towards armées de la République démocratique du Congo building on the recent progress achieved in the (FARDC). A draft law on defence and the armed peace process in the DRC as a result of the conclu- forces, which was approved by the Council of sion of the Global and All-Inclusive Agreement Ministers in January,was being considered by the signed by the parties to the conflict in late 2002 National Assembly. The transitional Govern- [YUN 2002, p. 125] and the establishment in 2003 of ment issued decrees establishing a Commission the Government of National Unity and Transi- de contrôle des effectifs de l’armeé, charged with tion [YUN 2003, p. 129], which provided for a two- overseeing the identification of elements belong- year transitional Government to be followed by ing to hitherto different military organizations, national elections. Those efforts were supported and the État-Major technique d’intégration, by the International Committee in Support of which was to plan and undertake the operational the Transition, comprising the five permanent aspects of integration. On 12 January, President Security Council members (China, France, Kabila swore in one military region commander Russian Federation, United Kingdom, United and two deputies, replacing previous nominees States), plus Belgium and Canada, four African who had not reported for duty. Through Belgian countries (Angola, Gabon, South Africa, Zam- bilateral assistance, senior officers from all bia), the EU and the AU, which provided advice armed components participated in a seminar in and guidance for the Congelese transition, and Kinshasa in January to plan military integration. by the United Nations Organization Mission in The Security Council considered the situation the Democratic Republic of the Congo (MONUC), in the DRC on 15 January and welcomed efforts headed by William Lacy Swing (United States), currently under way to set up the first integrated the Special Representative of the Secretary- and unified brigade in Kisangani, as a step to- General. MONUC’s mission, as set out in Council wards the formation of a Congolese national resolution 1493(2003) [ibid., p. 130], was to, among army. By resolution 1522(2004) (below), it ad- other things, provide assistance for the reform justed one of its prior demands so that the inte- of the security forces, the re-establishment of a grated brigade could operate in that city. State based on the rule of law and the preparation and holding of elections throughout the country. SECURITY COUNCIL ACTION (January) In October, the Council, in resolution 1565 On 15January [meeting 4894], the Security Coun- (2004), extended MONUC’s mandate until 31 cil unanimously adopted resolution 1522(2004). March 2005 and restructured it to deploy and The draft [S/2004/25] was prepared in consulta- maintain a presence in the key areas of potential tions among Council members. volatility to promote the re-establishment of con- fidence, discourage violence and allow UN per- The Security Council, Recalling its resolutions and the statements by its sonnel to operate freely, particularly in the east- President on the situation concerning the Democratic ern part of the country; ensure the protection of Republic of the Congo, civilians, including humanitarian personnel; Encouraged by the progress achieved in the peace seize or collect the arms that were in violation of process in the Democratic Republic of the Congo since the arms embargo; assist the Congolese authori- the conclusion of the Global and All-Inclusive Agree-

YUN04—6th proofs / OF July 24 2006 120 Political and security questions ment on the Transition in the Democratic Republic of tion of the law on the general organization of de- the Congo, signed at Pretoria on 17 December 2002, fence and the armed forces; establishment of the and the subsequent establishment of the Government conseil supérieur de la défense; adoption and im- of National Unity and Transition, Considering that the reform of the security sector, in- plementation of a coherent military integration cluding the disarmament, demobilization and reinte- plan, complemented by a national DDR pro- gration of former combatants, the effective restructur- gramme and production of plans for the deploy- ing and integration of the armed forces of the former ment of integrated FARDC units. Agreement was Congolese belligerents and the establishment of an in- also reached on the need to elaborate the future tegrated national police, are key elements for the suc- role of the police service by holding a national cess of the transition process in the Democratic Repub- seminar on police issues, to adopt decrees ap- lic of the Congo, Reaffirming, in this regard, that overall responsibility pointing the national police high command, to lies with the Government of National Unity and Tran- establish the protection corps and to designate sition, welcoming the establishment of an integrated the command structure of the Integrated Police High Command, and calling for effective cooperation Unit. at all levels of the Congolese armed forces, The meeting also agreed to set up an advisory 1. Welcomes the efforts currently being undertaken group on security sector reform. to set up the first integrated and unified brigade in Communication (March). Belgium, on 12 Kisangani as a step towards the elaboration and imple- mentation of a comprehensive programme for the for- March [S/2004/201], in response to resolution 1522 mation of a Congolese integrated national army; (2004) (above) and the 9 February meeting on the 2. Decides that, since the Government of National DRC’s security sector reform (above), informed Unity and Transition has been established and is in the Council President of its support to the DRC by place, its demand for the demilitarization of Kisangani providing training for an initial integrated bri- and its surroundings laid down in paragraph 3 of reso- gade in peacekeeping operations. France was also lution 1304(2000) of 16 June 2000 shall not apply to participating in the training programme. the restructured and integrated forces of the Demo- cratic Republic of the Congo and to the armed forces included in the comprehensive programme for the for- Follow-up to 2003 mission mation of an integrated and restructured national The Secretary-General, in a 20 January report army; [S/2004/52], described progress on the implemen- 3. Urges the Government of National Unity and tation of recommendations made by the Security Transition to take the appropriate measures for the re- Council’s 2003 mission to Central Africa [YUN structuring and integration of the armed forces of the Democratic Republic of the Congo in accordance with 2003, p. 127] (see also pp. 117and 142). In regard to the Global and All-Inclusive Agreement on the Transi- the DRC, those recommendations concerned the tion in the Democratic Republic of the Congo, includ- installation of the transitional Government and ing setting up a Supreme Defence Council and the the creation of a unified national army, the situa- elaboration of a national plan for disarmament, demo- tion in Bunia and in North Kivu, the need for re- bilization and reintegration, as well as the necessary gional countries to exert a positive influence on legislative framework; the situation, and efforts to end impunity and es- 4. Calls upon the international community to pro- vide further assistance for the integration and restruc- tablish the rule of law. The Secretary-General up- turing of the armed forces of the Democratic Republic dated the Council on action taken in 2003 to im- of the Congo, in accordance with Security Council res- plement those recommendations. Regarding the olution 1493(2003) of 28 July 2003; establishment of the transitional institutions, he 5. Decides to remain actively seized of the matter. also reported that, on 7 January 2004, the transi- tional Parliament met in extraordinary session to Meeting on security sector reform tackle the backlog in the examination and On 9 February, the United Nations convened a adoption of key legislation. meeting in New York between the DRC transi- Security Council consideration. On 11 Febru- tional Government and Member States con- ary [S/2004/224], the Council was briefed by the cerned to review the status of security sector re- Secretary-General’s Special Representative, Wil- form and to reach an understanding on the key liam Lacy Swing. In a press statement of the same issues to be addressed to meet the timetable for date [SC/8000-AFR/833], the Council President said the transition, the Secretary-General reported that Council members were encouraged by the [S/2004/251]. The meeting agreed that the Govern- positive developments in the peace and national ment should develop a national security policy, reconciliation process. They shared the concern finance the establishment and maintenance of of the International Committee in Support of the security entities, and ensure that DDR bodies co- Transition with regard to the work still to be done ordinated their work under a common vision and leading up to national elections in 2005 and strategy.A number of military reform issues were stressed the need for the disarmament, demobili- also agreed upon, including the review and adop- zation and reintegration of Congolese combat-

YUN04—6th proofs / OF July 24 2006 Africa 121 ants to be implemented and for a national coordi- Human Rights Observatory, and the law on polit- nator to ensure a unified approach. Council ical parties, had been adopted by the National members called on the international community Assembly. Although initial steps were taken to- to assist the Government, and took note of the wards restructuring and integrating the national progress made and the actions agreed upon at the army (see p. 128), lack of equipment and sustain- 9 February meeting on security sector reform ment raised serious concerns regarding its fu- (see p. 120) as a basis for integrating and restruc- ture operational capacity. turing the military and police. Pending the development of a national DDR On 17February [meeting 4911], during the Coun- programme, MONUC was expected to assume cil’s consideration of the Secretary-General’s 20 functions, such as monitoring of disarmament January report, the Assistant Secretary-General and demobilization, including the registration for Political Affairs, Mr. Kalomoh, said that the and storage of arms; carrying out voluntary dis- transitional Government’s comprehensive pro- armament of individuals and small groups out- gramme of work, having been approved by the side government centres; providing assistance in new Parliament, was well under way. Progress was the destruction of arms; and monitoring human made in normalizing relations between the DRC rights. As numerous Mayi-Mayi had requested to and its neighbours, but much more could be be disarmed and reintegrated into the national done in that area. The pace of DDR and resettle- army, MONUC would assist the Government in ment and/or repatriation of Rwandans, Ugan- emergency disarmament needs by undertaking dan and Burundian armed elements had acceler- voluntary disarmament as a security measure. It ated beyond expectations. The International was also planning with the United Nations Devel- Committee in Support of the Transition had opment Programme (UNDP) ways to better utilize been meeting in Kinshasa on a regular basis, the rapid-response mechanism, a financial and under the chairmanship of the Special Represen- operational tool for responding to contingencies tative, and had been instrumental in resolving in connection with DDR. Progress in the reform several deadlocks between and among the and restructuring of the Congolese national po- parties. lice was stymied by delays in the appointment of a In Bunia, MONUC had been enforcing a unified police command. Training for the estab- weapons-free policy, and the first phase of the lishment of the Integrated Police Unit, with EU Mission’s military expansion outside Bunia was support, was expected to start in mid-June. under way. Considerable preparatory work was needed for the holding of elections by 30 June 2005, such as Political developments and MONUC activities adopting laws to establish a viable Independent Report of Secretary-General (March). On 25 Electoral Commission, and laws on nationality, March [S/2004/251], the Secretary-General, in re- decentralization, amnesty and political parties, sponse to Security Council resolution 1493(2003) as well as the drafting of a new constitution that [YUN 2003, p. 130], issued his fifteenth report on would be submitted to a referendum. Decisions MONUC, covering developments since November were also needed on voter registration, demarca- 2003. He reported that eight months after the tion of constituencies and the electoral system. establishment of the transitional Government, The pace of normalization of relations with despite initial progress in national reunification, neighbouring countries slowed down, as the the peace process was facing daunting chal- transitional Government had not followed up on lenges. The most crucial issue concerned the the agreed-upon confidence-building measures ability of the transitional leaders to act as a truly with its neighbours, such as setting up a joint unified government and to overcome the bilateral commission with Rwanda. Meetings of atmosphere of distrust. the joint security commission of the DRC and During the reporting period, the principal Uganda were postponed several times. political institutions of the transitional Govern- MONUC continued the eastward deployment ment continued to function and several steps of its military contingents. The MONUC brigade were taken to implement the Global and All- in Ituri consolidated its positions in Bunia and Inclusive Agreement on the Transition. The or- deployed to seven locations in the interior of the dinary session of Parliament concluded on 3 Jan- region. It was scheduled to deploy to two other uary, with many items remaining on its agenda. areas by the end of March. Nevertheless, volatil- An extraordinary session opened on 7 Janaury to ity in Ituri had increased, mainly as a result of re- address the legislative backlog, but only the laws stricted operating space for armed groups due to establishing the Independent Electoral Commis- the extension of Ituri brigade operations, slow sion, the High Media Authority, the Ethics and progress in the integration of the district into na- Anti-corruption Commission and the National tional structures, possible involvement of exter-

YUN04—6th proofs / OF July 24 2006 122 Political and security questions nal actors and delays in launching a local disarm- tion of integrated security activities, community ament and reintegration initiative. Those factors relations and economic recovery. It intended to contributed to shifting alliances among the form a 3,500-member brigade for deployment in armedgroups in the region, no longer necessa- the Kivus, with headquarters in Bukavu. In Feb- rily along ethnic lines. Reflecting a new trend ruary, tensions mounted in Bukavu as a result of among militia hardliners to target MONUC,at- deep divisions within the transitional Govern- tacks on the Mission occurred on 16, 19 and 20 ment (see p. 124). January. A MONUC military observer was killed The pace of repatriation of Rwandan armed on 12 February in an ambush of a convoy en route groups accelerated, rising from 2,900 people in to Bunia. As a result, the Ituri brigade took addi- November 2003 to 9,658 by 10 March 2004. tional preventive measures through patrols, aug- MONUC began, for the first time, repatriations to mented checkpoint control and cordon and Burundi and Uganda, with a total of 3,085 and search operations. 501 persons, respectively, as at 10 March. During the reporting period, there was limited Human rights abuses involved violations of the progress in solidifying the political process in right to security and private property committed Ituri. On 20 January, the Ituri operational plan, by armed elements, militia members, foreign prepared by the Government, UNDP, the United armed groups and State law enforcement agen- Nations Children’s Fund and MONUC, was for- cies, who were also responsible for killings, tor- mally adopted. It was to be implemented pending ture and inhuman and degrading treatment. the adoption of the national DDR programme. Throughout the country, looting, armed robber- However, the Ituri Interim Administration had ies, extortions, illegal taxation, arbitrary arrest not extended its reach much beyond Bunia, and illegal detention were the key means of sub- where armed groups were jockeying for power sistence for unpaid soldiers. MONUC investigated and remained a source of instability. The Secretary- reports of serious human rights abuses against General’s Special Representative urged Pres- children, including killings and sexual abuse. It ident Kabila, at a 24 February meeting, to extend was also undertaking a study of the issue and was State authority to Ituri and proposed measures setting up mixed commissions in three locations the transitional Government could take towards to assist victims. MONUC also provided military that end, including the appointment of a gover- protection for large-scale humanitarian deliver- nor for Orientale province and a district commis- ies in South Kivu and logistical assistance to hu- sioner for Ituri. manitarian agencies and to Congolese authori- In late January, MONUC received reports of a ties, and assisted humanitarian actors in massacre in the village of Gobu on Lake Albert. addressing the problem of the return of some of MONUC determined that most of the population the 3.4 million internally displaced persons in had fled as a result of the massacre,which was led the DRC to their places of origin. by an alliance of a Lendu militia and the branch The Secretary-General, noting the delays in of the Union des patriotes congolais (UPC) led by the transition process, identified a number of pri- Thomas Lubanga (UPC-L). orities that needed to be addressed to adhere to In Bunia, as part of efforts to end impunity the time lines for the transition. Those included and restore the justice capacity, MONUC and its enacting the legislative framework for security partners refurbished the Bunia prison, court- sector reform, DDR, extension of State adminis- house, police headquarters and accommodations tration and elections and addressing problems for judges. MONUC trained 81 police officers on such as Mayi-Mayi integration into the armed urban law enforcement and provided advisers to forces. MONUC was following up on the under- support local police in investigations, patrol standings reached at the 9 February meeting on duties and other functions. security sector reform (see p. 120), and the In the Kivus, intermittent skirmishes were at- Secretary-General indicated that he would pro- tributable to the accelerated pace of disarma- pose additional recommendations on the support ment, demobilization, repatriation, resettlement MONUC could provide for the integration and de- or reintegration of Rwandan elements previously velopment of the national police. The Secretary- incorporated into Mayi-Mayi groups and the re- General called on the DRC to improve its relations patriation of some prominent Rwandan rebel with its neighbours in the search for sustainable leaders, which altered the balance of power peace in Central Africa, and urged Rwanda and among various local groups. MONUC reacted Uganda to play a constructive role in that regard quickly to restore security, as well as to assist in (see p. 126). DDR activities and humanitarian efforts. It was March incidents in Kinshasa. The EU,ina30 also developing a strategy for extending State au- March statement [S/2004/307], expressed concern thority to the Kivus, including the implementa- at incidents that occurred during the night of 28

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March in Kinshasa. The EU encouraged the Con- p. 283], who were based in the DRC and were terror- golese leaders, the institutions of the transition izing people in western Rwanda and eastern DRC. and the Congolese people to remain calm and In Rwanda’s view, the Interahamwe militia was the committed to the transition process. principal source of insecurity and violence in the The Security Council President, in a press Great Lakes region. Rwanda also appealed to the statement of 31 March [SC/8047-AFR/878], follow- Council to investigate the source of arms supplied ing a briefing by the Under-Secretary-General to that militia. for Peacekeeping Operations, said that Council On 10 May [S/2004/385], the EU expressed con- members expressed concern over the serious in- cern at reports of an attack led by the Democratic cidents in Kinshasa on 28 March and called on all Liberation Forces of Rwanda (FDLR) on Rwandan parties to ensure the transition was not jeopar- territory and of an incident involving Rwandan dized. They called on the Congolese leaders to troops inside DRC territory. The EU believed that make every effort to proceed with the full imple- MONUC should intervene to counter any attempt mentation of the Global and All-Inclusive Agree- by FDLR to infiltrate Rwandan territory, with a ment on Transition and to take steps for the DDR view to establishing real stability in the DRC.It of combatants, reform of the security sector, the called on the DRC and Rwanda to hold direct con- full re-establishment of State authority and the sultations to improve relations and indicated its successful organization of elections. support for the establishment of a bilateral mech- Communications (April). By a letter of 16 anism for monitoring the border area, backed by April [S/2004/312], Uganda announced that, as MONUC. part of its efforts to promote good-neighbourly relations in the Great Lakes region, it had re- SECURITY COUNCIL ACTION (May) opened its embassy in Kinshasa, which had been On 14 May [meeting 4969], following consulta- closed since 1998. tions among Security Council members, the Pres- The DRC, on 21 April [S/2004/318], transmitted ident made statement S/PRST/2004/15 on be- the schedule of its election procedure, in accord- half of the Council: ance with the Global and All-Inclusive Agree- The Security Council expresses its serious con- ment. cern regarding recent reports of an incursion into the Democratic Republic of the Congo by elements Events in eastern DRC of the Rwandan army. The Council further expresses its concern at the Cross-border tensions (April) reports of increased military activities of the Forces démocratiques de libération du Rwanda in the east- On 26 April [S/2004/327], the DRC expressed its ern part of the Democratic Republic of the Congo gratitude to MONUC for having confirmed that and of incursions made by them on the territory of soldiers of the regular Rwandan army were still Rwanda. present in the DRC in North and South Kivu, in The Council condemns in this context any impedi- violation of the agreements signed between the ments to the freedom of movement of the United two countries [YUN 2003, p. 133]. The DRC protested Nations Organization Mission in the Democratic Re- public of the Congo and reaffirms its full support the presence of those soldiers, who it said were for the efforts of the Mission to stabilize the situation helping to exacerbate tension at the border and in the eastern part of the Democratic Republic of the might undermine the tenuous progress towards Congo, and encourages the Mission to continue to re- peace in the Great Lakes region. The DRC re- port to it on the military situation in the eastern part quested the Secretary-General to send a fact- of the Democratic Republic of the Congo, in accord- finding commission to study the latest develop- ance with its mandate. ments in the region, and reiterated its request The Council attaches great importance to respect for an urgent meeting of the Council on the situa- for the national sovereignty and territorial integrity of the Democratic Republic of the Congo, of which it tion in the DRC. condemns any violation, as well as any violation of its Rwanda, in a 29 April response [S/2004/335],re- relevant resolutions. jected those allegations and called on MONUC to The Council also attaches great importance to re- investigate the matter more thoroughly. Rwanda spect for the national sovereignty and territorial in- stated that there were no Rwandan troops in the tegrity of Rwanda, and condemns any incursions of Bunangana area in the DRC and urged MONUC to armed groups into that country. exercise more caution before labelling Kin- The Council demands that the Government of yarwanda-speaking Congolese as nationals of Rwanda take measures to prevent the presence of any of its troops on the territory of the Democratic Re- Rwanda. At the same time, Rwanda expressed con- public of the Congo. cern at the failure of the international community The Council calls upon the Governments of the to address the presence of the Interahamwe, the mi- Democratic Republic of the Congo and Rwanda to litia responsible for the 1994 genocide [YUN 1994, investigate jointly, with the assistance of the Mission,

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the substance of recent reports on armed incursions Council of Ministers suspended Governor across their mutual border. Chiribanya and decided not to arrest him for the The Council further calls upon both Govern- possession of arms. On 22 February, under Gen- ments to establish border security mechanisms to prevent the recurrence of such incidents. eral Nabyolwa’s order, the homes of two former The Council reaffirms its support for the commit- RCD-G officers associated with the suspended ments made by the Governments of the Democratic Governor were raided, resulting in the arrest of Republic of the Congo and Rwanda in Pretoria on 27 an RCD-G military officer, Major Kasongo, who November 2003, and urges both Governments to im- was subsequently transferred to Kinshasa. Major plement expeditiously the provisions contained in Kasongo had been convicted by the military the communiqué issued on that date. court in absentia for his alleged role in the assassi- The Council further underlines the fact that the nation of President Laurent-Désiré Kabila and disarmament and the demobilization of all armed groups, including in particular the ex-Forces armées sentenced to death. His transfer to Kinshasa rwandaises and Interahamwe combatants, are essen- heightened tensions within the leadership of the tial to the settlement of the conflict in the Demo- tenth military region. In reaction, RCD-G threat- cratic Republic of the Congo, and calls upon the ened to withdraw from the transitional institu- Governments of Rwanda and the Democratic Re- tions if Major Kasongo was not sent back to public of the Congo to take all necessary measures to Bukavu. That, in turn, triggered statements from facilitate the swift and voluntary repatriation of ministers close to the President and the Mayi- Rwandan combatants from the Democratic Republic Mayi component of the transitional Government of the Congo. The Council encourages the Governments of the criticizing RCD-G and accusing it of “preparing Democratic Republic of the Congo and Rwanda to a third rebellion” in the Kivus. Following an continue to take steps to normalize their relations. It agreement between President Kabila and Vice- commends, in this context, the Government of the President Azarias Ruberwa, MONUC transported Democratic Republic of the Congo for the efforts Major Kasongo back to Bukavu on 25 February, that led to the arrest of Mr. Yusufu Munyakazi, in- thus helping to stabilize the town. Meanwhile, dicted, inter alia, on charges of genocide, and his hard-line elements fomented a campaign against subsequent transfer to the International Tribunalfor Rwanda, and it calls upon all Member States to inten- MONUC, claiming that it had not acted impar- sify efforts to arrest and transfer suspects sought by tially. The spread of hate propaganda against the Tribunal. the Banyamulenge ethnic group was also ob- The Council urges all Governments in the region served. On 8 March, at the request of President to encourage the re-establishment of confidence be- Kabila, MONUC transported General Nabyolwa to tween neighbouring countries, in accordance with Kinshasa for consultations. the declaration of Principles on Good-neighbourly Relations and Cooperation between the Democratic Communications. On 1 June [S/2004/454], the Republic of the Congo and Burundi, Rwanda and DRC reported to the Council President that, since Uganda, adopted in New York by leaders of the re- 26 May, soldiers under the command of Colonel gion on 25 September 2003, with a view to achieving Jules Mutebusi, deputy commander of the mili- the normalization of their relations. tary region around Bukavu, had committed acts of insubordination and had crossed the border The Bukavu crisis into Rwanda. Colonel Mutebutsi had dispatched The Secretary-General reported in March reinforcements to forcibly release one of his loyal [S/2004/251] that, despite the improvement of the soldiers arrested at the border. On 28 May, Gen- overall situation in the Kivus, the mounting ten- eral Laurent Mihigo Nkunda dispatched five bat- sion in Bukavu in February underscored the talions from Goma to Bukavu to reinforce Colo- deep divisions within the transitional Govern- nel Mutebutsi’s troops, while troops stationed in ment, particularly within the presidency, the the Ruzizi plain also began to move towards integrated military high command and local Bukavu. On 31 May, the mutinous troops were in political and military arrangements in Bukavu. the vicinity of the airport at Kavumu and on the Following the discovery of an arms cache at a outskirts of Bukavu. The DRC Foreign Minister residence of an associate of the former led a high-level delegation to Rwanda to convince Rassemblement congolais pour la démocratie– Rwandan President Paul Kagame not to become Goma (RCD-G) South Kivu Governor Chiribanya, involved in a problem that was internal to the a confrontation on 3 February between elements Congolese armed forces. Some 50 people, mostly loyal to the commander of the tenth military re- civilians, had been killed and property looted gion, Brigadier General Prosper Nabyolwa, and and plundered. On 2 June, Bukavu had fallen to those loyal to the Governor’s allies resulted in at the mutineers, who were supported by a third col- least two persons being killed. The situation was umn from the east of the DRC. The transitional defused by MONUC and some weapons were Government said that the mutiny would not handed over to the Mission. On 7 February, the affect the continuation of the process towards

YUN04—6th proofs / OF July 24 2006 Africa 125 democratic elections and that the law would be Chairperson of its Commission to dispatch an applied against the perpetrators. It called for an Envoy to the DRC and Rwanda. urgent meeting of the Council to, among other The EU also issued a statement on 4 June things, impose sanctions if it turned out that the [S/2004/467] condemning the clashes in Bukavu mutineers had benefited from outside assistance. and calling for an immediate end to hostilities On 3 June [S/2004/452], Rwanda, expressing and for the rebel forces to lay down their arms concern that the situation did not spill over into and leave Bukavu. It called on the DRC, Rwanda that country, and about statements by DRC Pres- and Uganda to cooperate to reduce the tension in ident Joseph Kabila implicating Rwanda in the eastern DRC. fighting in Bukavu, reiterated that there were no Rwandan troops in the DRC. It was of the view that SECURITY COUNCIL ACTION (7 June) the problem in Bukavu was an internal Congolese On 7 June [meeting 4985], following consulta- matter. It requested the Congolese forces in- tions among Security Council members, the Pres- volved in the events in Bukavu to support the DRC ident made statement S/PRST/2004/19 on be- transition process, and called on the interna- half of the Council: tional community and the regional leaders to re- The Security Council condemns with the utmost vive the verification mechanisms provided for firmness the seizure of the town of Bukavu, on 2 June under the 1999 Lusaka Ceasefire Agreement 2004, by dissident forces led by former Rassem- [YUN 1999, p. 87]. On the same date [S/2004/455], the blement congolais pour la démocratie-Goma com- DRC transmitted a communiqué issued at the ex- manders Major General Laurent Nkunda, Colonel traordinary session of the Council of Ministers, Jules Mutebutsi and others. It also condemns atroci- held on 2 June, in which it condemned the viola- ties and human rights violations which have oc- tion of DRC’s territorial integrity and sovereignty curred in this context. It declares its profound con- cern regarding reports of military actions that these by Rwanda and requested that the Council forces have undertaken in other parts of the Demo- strongly condemn Rwanda for its aggression and cratic Republic of the Congo. It considers that all take measures under the Charter to put it to an such actions constitute a serious threat to the peace end. The DRC reiterated its request that the process and to the transition and demands that they Council impose sanctions on Rwanda, which, it cease immediately. said, remained the sole obstacle to the overall The Council reaffirms its commitment to and peace process taking place in the Great Lakes respect for the national sovereignty, political inde- region. pendence, territorial integrity and unity of the Dem- ocratic Republic of the Congo. It expresses its soli- Rwanda, on 7 June [S/2004/459], said that it was darity with the Congolese people and its full support concerned that the DRC Government intended to to the Government of National Unity and Transi- wage war on Rwanda. It reiterated that its forces tion. It calls for the prompt and peaceful extension were not involved in the fall of Bukavu and an- of State authority throughout the Congolese terri- nounced the closure of the border with the DRC tory, in particular in Bukavu. on 6 June to allow those concerned to verify and The Council urges all parties represented in the arrest, or otherwise deal with members of Government of National Unity and Transition to re- main fully committed to the peace process and to ab- Rwanda’s armed forces allegedly present on DRC stain from any action that could endanger the unity territory until the United Nations and/or the AU of the transitional Government. clarified the events in Bukavu, and the eastern The Council warns solemnly the States neigh- DRC in general. Rwanda also requested that the bouring the Democratic Republic of the Congo of two bodies set up a verification mechanism to in- the consequences of support to the armed rebel vestigate and report on the allegations against groups. It urges the Government of Rwanda, taking Rwanda. into account its previous relationship with the Rassemblement congolais pour la démocratie-Goma, The AU Peace and Security Council (Addis and all other neighbouring States, to do all in their Ababa, 4 June) [S/2004/458] released a statement power to support the peace process and help to se- condemning the 2 June occupation of Bukavu by cure a peaceful resolution to this crisis, while at the dissident soldiers of the new Congolese national same time refraining from any action or declaration army. It took note of the mutineers’ announce- that might impact negatively on the situation in the ment that they would withdraw from Bukavu and Democratic Republic of the Congo. It recalls the demanded that they transfer the administration terms of its resolutions 1493(2003) of 28 July 2003 of the province to the authorities designated by and 1533(2004) of 12 March 2004, especially those el- ements relating to regional security across the Great the Government. It urged the UN Security Lakes, and calls upon all Member States, in particu- Council to increase MONUC’s size and resources lar those in the region, to fulfil their responsibilities to effectively support the DRC peace process, and accordingly. requested AU members to provide troops for that The Council welcomes the initiative of the Chair- force. The AU welcomed the decision of the person of the Commission of the African Union

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aimed at overcoming the current crisis, including in ident made statement S/PRST/2004/21 on its human dimension, and at facilitating the success- behalf of the Council: ful conclusion of the peace process in the Demo- cratic Republic of the Congo. The Security Council reiterates its grave concern The Council reiterates its full support to the at the continued violence and instability in the east- United Nations Organization Mission in the Demo- ern part of the Democratic Republic of the Congo cratic Republic of the Congo. It condemns the recent and at reports of threats to the peace and transition killing of three of the Mission’s personnel. It calls process. It condemns in the strongest terms any in- upon all Congolese parties to support the work of the volvement by outside forces in the Democratic Mission and demands that they refrain from any hos- Republic of the Congo. tile action against the personnel or facilities of the The Council urges all Congolese parties to remain United Nations. fully committed to the peace process of the Global and All-Inclusive Agreement on the Transition in the Democratic Republic of the Congo and to respect Communications (mid-June). Reacting to the the Government of National Unity and Transition as Council statement (see above), Rwanda, on 10 the sole legitimate governing authority in the Demo- June [S/2004/474], said that it was disturbed that cratic Republic of the Congo. It warns all parties the Council’s reaction was based on orchestrated against any attempt to seize power by force. It urges disinformation. Rwanda intended to continue all parties to refrain from statements or actions playing a positive role in the search for regional which might inflame the situation, including by sup- peace and stability and urged the Council to de- porting armed elements. The Council warns all parties against any attempt mand that the DRC Government desist from its at engaging in belligerent actions or violations of the bellicose statements and hatred against Rwanda. embargo imposed by resolution 1493(2003) of 28 July It noted that the DRC was opposed to the pro- 2003, in the eastern part of the Democratic Republic posed verification mechanisms under the Lusaka of the Congo. It invites the Secretary-General to de- Ceasefire Agreement. On 22 June [S/2004/509], termine further the need for a possible rapid reaction Rwanda said that, based on the information re- capability for the United Nations Organization Mis- ceived from the Secretary-General’s Special Rep- sion in the Democratic Republic of the Congo. The Council calls upon the Government of Na- resentative that the DRC was finally ready to estab- tional Unity and Transition to begin work immedi- lish the verification mechanism, it had, on 18 ately with the International Committee in Support June, submitted to MONUC a draft agreement for of the Transition and with the Mission to establish the establishment of a permanent joint commis- mechanisms for closer coordination, in order to ex- sion between the two countries to finalize the pedite security sector reform, the adoption of essen- work of the Third Party Verification Mechanism, tial legislation and electoral preparations. which was an indication of its efforts to ensure The Council urges the Governments of the Demo- transparency. Rwanda also brought to the Coun- cratic Republic of the Congo and Rwanda to respond without further delay to the efforts undertaken by cil’s attention the fact that Colonel Mutebutsi, a the Mission under its current mandate to establish, DRC national, along with about 300 men, had as soon as possible, a joint verification mechanism fled to Rwanda where he was allowed to enter on for their common security, including verification of humanitarian grounds but would not be permit- cross-border movements. ted to engage in activities to undermine the DRC’s The Council strongly encourages the heads of transitional Government and that country’s State of the Democratic Republic of the Congo, security. Rwanda, Uganda and Burundi to work together to reduce tensions and restore confidence in the re- On 10 June [S/2004/489], the DRC confirmed gion, in accordance with the commitments made in that its forces had peacefully regained control of the declaration on good-neighbourly relations of 25 Bukavu. In response to Rwanda’s communica- September 2003 including by holding meetings at tions (above), it repeated its accusation of re- the earliest possible opportunity. newed aggression by Rwanda in violation of the The Council urges Rwanda not to provide any Charter and Council resolutions, and reaffirmed practical or political support to armed groups in the that it had no hidden agenda in Rwanda. The Democratic Republic of the Congo, in particular those led by Mr. Laurent Nkunda or Mr. Jules DRC requested that the Council ensure that Mutebutsi. It further urges Rwanda to use its influ- Rwanda lifted the border closure to facilitate the ence positively to de-escalate the current crisis and return of Congolese nationals who had fled the support the restoration of stability. Bukavu fighting, of former Colonel Mutebutsi The Council reminds Uganda not to interfere in and his men who found refuge in Rwanda and the Democratic Republic of the Congo, including armed Rwandan elements remaining in the DRC. through military support for armed groups. The Council calls upon Burundi to prevent any support from its territory to armed groups in the SECURITY COUNCIL ACTION (22 June) Democratic Republic of the Congo. It encourages On 22 June [meeting 4994], following consulta- the Transitional Government to facilitate humanita- tions among Security Council members, the Pres- rian assistance for Congolese refugees now in Bu-

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rundi, and the international community to provide The Security Council, its full assistance. Recalling its relevant resolutions and the statements The Council underlines that any attempt to dis- by its President on the situation concerning the Demo- rupt the peace and transition process in the Demo- cratic Republic of the Congo, in particular resolutions cratic Republic of the Congo, including through 1493(2003) of 28 July 2003 and 1533(2004) of 12 March support for armed groups, will not be tolerated. 2004, The Council condemns the deaths of innocent ci- Reaffirming its commitment to respect for the sover- vilians and human rights abuses in the eastern part eignty, territorial integrity and political independence of the Democratic Republic of the Congo and calls of the Democratic Republic of the Congo and all the for such incidents to be fully investigated. Those re- States in the region, sponsible for atrocities and human rights abuses Reiterating its full support to the Government of Na- should be held to account, and the Government of tional Unity and Transition of the Democratic Repub- National Unity and Transition should take immedi- lic of the Congo, ate steps, with support from the international com- Deeply concerned by the ongoing tensions and by the munity, to reverse the current climate of impunity. continuation of hostilities in the eastern part of the Democratic Republic of the Congo, particularly in the Uganda, on 23 June [S/2004/511], said that the provinces of North and South Kivu, as well as in the part of the Council statement reminding Uganda Ituri district, not to interfere in the DRC suggested that Uganda Reaffirming its readiness to support the peace and na- was or might be contemplating interfering in DRC tional reconciliation process, in particular through the United Nations Organization Mission in the Demo- internal affairs, which was uncalled for. Uganda cratic Republic of the Congo, urged the Council President to correct the false Welcoming the readiness of the Mission to take an ac- impression. In a further communication of 28 tive part in the joint verification mechanism whose cre- June [S/2004/517], Uganda affirmed that it had no ation was announced by the Presidents of the Demo- intention of getting involved in Congolese affairs. cratic Republic of the Congo and of the Republic of It rejected any attempt to reintroduce a military Rwanda in Abuja on 25 June 2004, solution to the DRC crisis and declared that it Noting that the situation in the Democratic Republic would not provide sanctuary to Mr. Nkunda. of the Congo continues to constitute a threat to inter- Uganda called on the United Nations to support national peace and security in the region, the democratization process that would lead to 1. Decides to extend the mandate of the United Nations Organization Mission in the Democratic Re- elections in the DRC. public of the Congo, as contained in resolutions Rwanda, in a response of the same date [S/2004/ 1493(2003) and 1533(2004), both adopted under Chap- 518 ] , expressed its concerns arising from the ter VII of the Charter of the United Nations, until Council statement (above). It felt that the Council 1 October 2004; was falling prey to the deliberate misrepresenta- 2. Requests the Secretary-General to submit a report tion as a result of a disinformation campaign and, to the Council, before 16 August 2004, on the execu- in turn, presented its own information to correct tion by the Mission of its mandate; that situation. Rwanda reiterated its readiness to 3. Decides to remain actively seized of the matter. proceed with the proposed verification mecha- nism and urged MONUC to facilitate a meeting Further political developments with DRC officials. Report of Secretary-General (August). On 16 On 2 July [S/2004/534], Rwanda confirmed that August [S/2004/650], the Secretary-General, in re- its President, Paul Kagame, had met with DRC sponse to Security Council resolution 1555(2004) President Joseph Kabila on 24 June in Abuja, Ni- (above), submitted his third special report on geria, to recommit themselves to implementation MONUC, which covered political and military de- ofthe2002PretoriaAgreement [YUN2002,p. 115] on velopments since his previous report in March thewithdrawalofRwandantroopsfrom DRC terri- (see p. 121).The preparations for elections, which tory through the reactivation of the joint verifica- would include a referendum on a new constitu- tion mechanism and by addressing other out- tion and legislative elections, culminating in standing issues, especially the disarmament, presidential elections in July 2005, posed a num- demobilization,repatriationandrehabilitationof ber of challenges, given the size of the DRC,its the ex-FAR/Interahamwe by the DRC. It also an- population of over 50 million and the absence of nounced the reopening of the border, effective basic infrastructure. On 5 June, President Kabila 3 July. promulgated the organic law on the establish- ment of the Independent Electoral Commission, SECURITY COUNCIL ACTION (July) which had since adopted a provisional timetable On 29 July [meeting 5014], the Security Council for electoral operations and had begun prepara- unanimously adopted resolution 1555(2004). tions for the registration of an estimated 28 mil- The draft [S/2004/605] was prepared in consulta- lion voters. While the law on the registration of tions among Council members. voters was being prepared, work on the electoral

YUN04—6th proofs / OF July 24 2006 128 Political and security questions law could not begin until there was agreement on tion programme. The new District Commis- the type of political system and constitutional sioner was appointed in June. The judicial tribu- principles to be adopted. In June, the Senate nal in Bunia began to hear criminal cases and the drafted the general provisions of the new consti- local police began assuming their law enforce- tution and started consultations on such issues as ment responsibility. The MONUC Ituri brigade the form of the State and its name, the political had so far deployed to eight locations. regime and territorial delimitation. Serious allegations of sexual exploitation and State administration remained weak or absent misconduct by MONUC civilian and military per- in many parts of the country, where parallel ad- sonnel in Bunia were uncovered by the Mission ministrations run by armed groups maintained during May, including sexual exploitation of control. However, some progress was made in ex- girls and women at the camp for internally dis- tending State authority, with the installation of placed persons and other locations. Those allega- governors and vice-governors in the 11 prov- tions were under investigation by the UN Office inces. of Internal Oversight Services (OIOS). The lack of progress on military integration In addition to the crisis in Bukavu (see p. 124), was a significant destabilizing factor. With the on 11 June, about 40 presidential guards at- exception of one integrated brigade that was tempted a coup d’état, without success. On 14 trained by a Belgian team, military regional com- July, eight RCD-Goma members of the National manders had little control over the armed ele- Assembly suspended their membership of the ments under their command. FARDC’s poor com- Assembly,but were condemned by the RCD-Goma mand and control structure and the lack of leadership. FARDC increased its presence in east- support and payment of salaries contributed to ern DRC by deploying some 15,000 troops. Gen- indiscipline among the ranks, which depended eral Nkunda’s fate remained unresolved as he on the local population for their sustenance. In and his troops remained located between Goma view of the continuing delays in security sector and Bukavu on Lake Kivu, creating a tense reform, a meeting was convened on 29 June, as a situation. follow-up to the 9 February meeting (see p. 120), Bilateral relations suffered setbacks during the to review progress and identify and coordinate reporting period. In April, Rwanda claimed that bilateral efforts. The meeting agreed that elements of the ex-FAR/Interahamwe, also re- MONUC would revive efforts to establish a consor- ferred to as FDLR, attacked its territory from the tium of Member States to assist the Congolese in DRC, while the latter claimed that Rwandans had the development of an overall plan for military invaded its territory (see p. 124). Steps were taken reform. MONUC established a steering commit- to strengthen bilateral contacts with Uganda, de- tee of potential donors, the first meeting of spite the continued presence of Ugandan armed which was held on 13 July. The World Bank, in groups in north-eastern DRC. The establishment May, approved a $100 million grant to support in December 2003 of the DRC/Uganda Joint Bi- the national DDR programme, the operational lateral Security Intelligence Commission with plans of which were being finalized. Pending its MONUC assistance had contributed to the implementation, MONUC and UNDP assisted the strengthening of bilateral relations. Following a Government in disarming some 535 Mayi-Mayi meeting in May, a joint MONUC/DRC/Uganda soldiers in eastern DRC. border verification mechanism was established. Some progress was made in integrating the The Secretary-General noted that, overall, the Congolese police forces, comprising some 70,000 prevailing mistrust and lack of political determi- personnel. The police high command was ap- nation continued to impede the transitional Gov- pointed, followed by the appointment in July of ernment from moving forward on its agreed provincial police inspectors. MONUC and the agenda. Some influential elements among the Government drew up plans to train and deploy ex-belligerents were working against the transi- 6,000 police officers during 2004-2005. France tion, and the security situation remained unsta- trained and equipped a 500-member rapid inter- ble, as evidenced by the May/June activity in vention police unit. Bukavu and Kinshasa. A clear political strategy The situation in Ituri remained tense, as rifts was therefore necessary, requiring a step-by-step between moderates and hardliners emerged approach. He urged the Government to engage within the armed groups. In an effort to extend in such a process, following the steps outlined in State authority, President Kabila consulted the the report, and called on the DRC, Rwanda and leaders of armed groups from 10 to 14 May. The Uganda to normalize their bilateral relations as a participants signed an acte d’engagement, commit- matter of priority. ting themselves to the transition process and par- The Secretary-General said that MONUC was ticipation in the pilot disarmament and reinser- authorized to use all necessary means to fulfil its

YUN04—6th proofs / OF July 24 2006 Africa 129 mandate in the Ituri district and in North and of formed and enabling units, as well as improving South Kivu. There was a wide gap between the its information-gathering and analysis capacity. expectations that the Mission would enforce Letter and statement of Secretary-General. peace and the Mission’s capacity to fulfil them. On 3 September [S/2004/715], the Secretary- In the Secretary-General’s view, MONUC’s key General, in a letter to the Council President, role was to use its good offices to build confi- noted that Council members had recognized the dence among the leaders of the transition and to need to enhance the UN involvement in the DRC’s strengthen the Government. Given the size of the peace process. However, the possibility of a fur- DRC, MONUC could not be deployed everywhere, ther deterioration in the situation could not be nor in sufficient strength. Hence strategic areas ruled out, given the speed with which events were of operation had to be identified. If the Council unfolding. Pending the Council’s decision on the were to mandate MONUC to assist in the creation recommendations contained in his report, he of stability in areas other than Ituri, the condi- proposed that the Council deploy emergency re- tions under which the Mission would use force to inforcements to MONUC, consisting of two addi- deter dissident elements from using violence to tional infantry battalions and four attack helicop- derail the political process should be clearly de- ters, to address immediate security concerns, fined. without prejudice to the long-term requirement The Secretary-General recommended that the of reinforcing MONUC. transitional Government should ensure that The Secretary-General, in a statement to the support to ex-FAR/Interahamwe was terminated; press issued on 19 November [SG/SM/9605- MONUC should be augmented and fully deployed AFR/1069-PKO/115], expressed outrage at the find- in the Kivus, participate in DDR and support ings of a UN investigation into allegations of sex- FARDC; MONUC should prevent reprisal attacks by ual exploitation and abuse in MONUC, which foreign elements against Congolese civilians; and showed clear evidence that acts of gross miscon- support should be provided to the Joint Verifica- duct had taken place. The investigation should tion Mechanism. He cautioned, however, that be accelerated and those involved held account- MONUC could not assume responsibility for the able. Prince Zeid Ra’ad Al-Hussein (Jordan) had maintenance of law and order in the DRC. Its pri- agreed to be his adviser on the issue. The mary role in deterring armed challenges was to Secretary-General declared that he was consider- use its political good offices to mediate disputes. ing additional measures and had instructed the The military concept of MONUC’s operations Department of Peacekeeping Operations (DPKO) would allow it to act as a deterrent in unstable urgently to send a special investigation team to areas, on the one hand, and as a rapid reaction the DRC to examine the outstanding cases. force, on the other. It would have to maintain a credible and secure presence in key areas of po- SECURITY COUNCIL ACTION (October) tential volatility to undertake surge operations in On 1 October [meeting 5048], the Security Coun- crisis areas, in addition to its regular tasks, which cil unanimously adopted resolution 1565(2004). would require flexible and mobile reserve capa- The draft [S/2004/774] was prepared in consulta- bility of an additional 13,100military personnel. tions among Council members. The Secretary-General called on the Security The Security Council, Council to endorse his transitional agenda to Recalling its previous resolutions and the statements strengthen the political process and on the transi- by its President concerning the Democratic Republic tional Government to implement it. The Govern- of the Congo, ments of the DRC, Rwanda and Uganda needed to Reaffirming its commitment to respect the sovereignty, ensure that the flow of arms across their borders territorial integrity and political independence of the ended; to settle the question of the foreign armed Democratic Republic of the Congo and all the States of the region, groups, in particular the ex-FAR/Interahamwe; Reaffirming its support for the process of the Global and to legitimize the exploitation of natural re- and All-Inclusive Agreement on the Transition in the sources. Those goals could be achieved through Democratic Republic of the Congo, signed in Pretoria the Joint Verification Mechanism or by establish- on 17 December 2002, welcoming the efforts made to ing normal bilateral relations, with the exchange date for its implementation by the Government of Na- of ambassadors. He recommended that the tional Unity and Transition, and calling upon all the Council increase MONUC’s military strength Congolese parties to honour their commitments in this regard, in particular so that free, fair and peaceful from 10,800 all ranks to 23,900 and extend the elections can take place within the agreed time frame, mandate of its civilian police component and in- Deeply concerned by the continuation of hostilities in crease its strength from the current 140 to 507 the eastern part of the Democratic Republic of the personnel. The implementation of the Mission’s Congo, particularly in the provinces of North and revised military tasks would require the addition South Kivu and in the Ituri district, and by the grave

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violations of human rights and of international hu- (f) To monitor the implementation of the measures manitarian law that accompany them, imposed by paragraph 20 of resolution 1493(2003) of Recalling that all the parties bear responsibility for 28 July 2003, including on the lakes, in cooperation ensuring security with respect to the civilian popula- with the Operation and, as appropriate, with the Gov- tions, and recalling in particular, in this regard, its res- ernments concerned and with the Group of Experts olutions 1325(2000) of 31 October 2000 on women and referred to in paragraph 10 of resolution 1533(2004) of peace and security, 1379(2001) of 20 November 2001, 12 March 2004, including by inspecting, as it deems it 1460(2003) of 30 January 2003 and 1539(2004) of 22 necessary and without notice, the cargo of aircraft and April 2004 on children in armed conflict, and 1265 of any transport vehicle using the ports, airports, air- (1999) of 17 September 1999 and 1296(2000) of 19 fields, military bases and border crossings in North April 2000 on the protection of civilians in armed con- and South Kivu and in Ituri; flict, (g) To seize or collect, as appropriate, arms and any Taking note of the third special report of the related materiel whose presence in the territory of the Secretary-General of 16 August 2004 on the United Democratic Republic of the Congo violates the meas- Nations Organization Mission in the Democratic Re- ures imposed by paragraph 20 of resolution 1493 public of the Congo, and of the recommendations con- (2003), and to dispose of such arms and related ma- tained therein, teriel as appropriate; Taking note also of the letter dated 3 September 2004 (h) To observe and report, in a timely manner, on from the Secretary-General to the President of the the position of armed movements and groups and the Security Council, presence of foreign military forces in the key areas of Noting that the situation in the Democratic Republic volatility, especially by monitoring the use of landing of the Congo continues to constitute a threat to inter- strips and the borders, in particular on the lakes; national peace and security in the region, 5. Decides that the Mission will also have the follow- Acting under Chapter VII of the Charter of the ing mandate, in support of the Government of Na- United Nations, tional Unity and Transition: 1. Decides to extend the deployment of the United (a) To contribute to arrangements made for the Nations Organization Mission in the Democratic Re- security of the institutions and the protection of offi- public of the Congo until 31 March 2005; cials of the transition in Kinshasa until the integrated 2. Requests the Secretary-General to arrange the police unit in Kinshasa is ready to take on this responsi- rapid deployment of additional military capabilities bility, and to assist the Congolese authorities in the for the Mission in accordance with the recommenda- maintenance of order in other strategic areas, as rec- tion contained in his letter dated 3 September 2004, ommended in paragraph 103 (c) of the third special re- and, beyond, to deploy as soon as possible in the prov- port of the Secretary-General; inces of North and South Kivu all the brigades and ap- (b) To contribute to the improvement of the propriate force enablers; security conditions in which humanitarian assistance 3. Authorizes the increase in the Mission’s strength is provided, and to assist in the voluntary return of ref- by 5,900 personnel, including up to 341 civilian police ugees and internally displaced persons; personnel, as well as the deployment of appropriate (c) To support operations to disarm foreign com- civilian personnel, appropriate and proportionate air batants led by the armed forces of the Democratic Re- mobility assets and other force enablers, and expresses public of the Congo, including by undertaking the its determination to keep the Mission’s strength and steps listed in paragraphs 75 (b) to (e) of the third spe- structure under regular review, taking into account the cial report of the Secretary-General; evolution of the situation on the ground; (d) To facilitate the demobilization and voluntary 4. Decides that the Mission will have the following repatriation of disarmed foreign combatants and their mandate: dependants; (a) To deploy and maintain a presence in the key (e) To contribute to the disarmament portion of the areas of potential volatility in order to promote the re- national programme of disarmament, demobilization establishment of confidence, to discourage violence, in and reintegration of Congolese combatants and their particular by deterring the use of force to threaten the dependants, in monitoring the process and providing, political process, and to allow United Nations person- as appropriate, security in some sensitive locations; nel to operate freely, particularly in the eastern part of (f) To contribute to the successful completion of the Democratic Republic of the Congo; the electoral process stipulated in the Global and All- (b) To ensure the protection of civilians, including Inclusive Agreement on the Transition in the Demo- humanitarian personnel, under imminent threat of cratic Republic of the Congo, by assisting in the estab- physical violence; lishment of a secure environment for free, transparent (c) To ensure the protection of United Nations per- and peaceful elections to take place; sonnel, facilities, installations and equipment; (g) To assist in the promotion and protection of hu- (d) To ensure the security and freedom of move- man rights, with particular attention to women, chil- ment of its personnel; dren and vulnerable persons, to investigate human (e) To establish the necessary operational links with rights violations to put an end to impunity, and to con- the United Nations Operation in Burundi, and with tinue to cooperate with efforts to ensure that those re- the Governments of the Democratic Republic of the sponsible for serious violations of human rights and Congo and Burundi, in order to coordinate efforts international humanitarian law are brought to justice, towards monitoring and discouraging cross-border while working closely with the relevant United Nations movements of combatants between the two countries; agencies;

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6. Authorizes the Mission to use all necessary means, plementing security sector reform, in accordance with within its capacity and in the areas where its armed paragraph 7 above; units are deployed, to carry out the tasks listed in para- 13 . Urges the Government of National Unity and graphs 4 (a) to (g) above, and in paragraphs 5 (a) to (c), Transition to continue, with determination and rapid- (e) and (f) above; ity, the integration of the security forces, in particular 7. Decides that the Mission will also have the man- the integration of the armed forces, and underlines date, within its capacity and without prejudice to car- the importance of regular meetings of the Supreme rying out tasks stipulated in paragraphs 4 and 5 above, Defence Council and of its cooperation with the inter- to provide advice and assistance to the Transitional national partners of the Democratic Republic of the Government and authorities, in accordance with the Congo, especially with the Mission, as positive signals commitments of the Global and All-Inclusive Agree- of the commitment of the Government of National ment, including by supporting the three joint commis- Unity and Transition in this regard; sions outlined in paragraph 62 of the third special re- 14 . Also urges the Government of National Unity port of the Secretary-General, in order to contribute to and Transition to develop without further delay a plan their efforts, with a view to take forward: for the disarmament of foreign combatants, and to en- (a) Essential legislation, including the future con- trust its implementation to the armed forces of the stitution; Democratic Republic of the Congo, with the support (b) Security sector reform, including the integra- of the Mission; tion of national defence and internal security forces to- 15. Urges the Governments of the Democratic Re- gether with disarmament, demobilization and reinte- public of the Congo, Burundi, Rwanda and Uganda to gration and, in particular, the training and monitoring each ensure that its territory is not used to infringe the of the police, while ensuring that they are democratic sovereignty of the others, to realize without further and fully respect human rights and fundamental free- delay the complete normalization of their bilateral re- doms; lations, and to cooperate actively in assuring security (c) The electoral process; along their common borders, in particular by imple- 8. Requests the Secretary-General to report to the menting agreements they have signed for the establish- Council, within one month of the adoption of the pres- ment of joint verification mechanisms with the active ent resolution, on reforms necessary to improve the participation of the Mission, and exhorts them to com- structures of command and control and the manage- ply in this regard with the recommendations listed ment of military information within the Mission, and in paragraph 55 of the third special report of the to rationalize the civilian and police components of the Secretary-General; Mission; 16. Urges, in particular, the Governments of the 9. Also requests the Secretary-General, through his Democratic Republic of the Congo and Rwanda to Special Representative for the Democratic Republic of work together and with the Mission and the African the Congo, to coordinate all the activities of the United Union, with a view to removing the threat posed by Nations system in the Democratic Republic of the foreign armed groups, as they have agreed to in the Congo; Peace Agreement signed in Pretoria on 30 July 2002 10. Further requests the Secretary-General to ensure and the Declaration signed in Pretoria on 27 Novem- that his Special Representatives for the Democratic Re- ber 2003, and in accordance with the terms of refer- public of the Congo and for Burundi coordinate the ence for the Joint Verification Mechanism signed in activities of the Mission and the Operation, in particu- New York on 22 September 2004; lar: 17. Calls upon the Government of National Unity (a) By sharing military information at their dis- and Transition and Congolese officials at all levels to posal, especially concerning cross-border movements take all necessary steps, while respecting freedom of of armed elements and arms trafficking; expression and of the press, to prevent the use of the (b) By pooling their logistic and administrative re- media to incite hatred or tensions among communi- sources, to an extent that does not prejudice the ability ties; of the missions to carry out their respective mandates, 18. Calls upon Member States, the international or- in order to ensure their maximum efficiency and cost- ganizations concerned and the community of donors effectiveness; to provide their full support to the transitional pro- (c) By coordinating, as appropriate, the implemen- cess, the extension of State authority throughout the tation of the national programmes for disarmament territory and long-term social and economic develop- and demobilization and repatriation, reintegration ment in the Democratic Republic of the Congo, and and resettlement; encourages them in this regard to respond positively to 11. Stresses the need for the Government of Na- the recommendations listed in paragraph 57 of the tional Unity and Transition to carry out the process third special report of the Secretary-General; provided for by the Global and All-Inclusive Agree- 19 . Strongly condemns violence and other violations ment, and in particular to implement the recommen- of international humanitarian law and human rights, dations listed in paragraph 54 of the third special re- in particular those perpetrated against civilians, in the port of the Secretary-General, including by producing, Democratic Republic of the Congo, and demands that with the support of the Mission, precise plans and time all parties and Governments concerned in the region, lines in each of the fields identified; including the Government of National Unity and 12. Calls upon the Government of National Unity Transition, take without delay all necessary steps to and Transition to cooperate closely with the Mission in bring to justice those responsible for these violations establishing three joint commissions on essential legis- and to ensure respect for human rights and interna- lation, security sector reform and elections, and in im- tional humanitarian law, as appropriate with relevant

YUN04—6th proofs / OF July 24 2006 132 Political and security questions international assistance, as well as to guarantee the the Democratic Republic of the Congo, and to submit security and well-being of the civilian population; to the Council before 28 February 2005 a report on the 20. Demands that all parties cooperate fully with the execution of the Mission’s mandate, including an eval- operations of the Mission and that they ensure the uation of the structure and strength of its military, safety of as well as unhindered and immediate access civilian and police components, with a view to their ad- for United Nations and associated personnel in carry- justment according to the progress made on the ing out their mandate, throughout the territory of ground and the tasks remaining to be accomplished; the Democratic Republic of the Congo, demands in 27. Reiterates its strong support for the Special Repre- particular that all parties provide full access to Mission sentative of the Secretary-General and the Mission, military observers, including in all ports, airports, air- and for the efforts they continue to make to assist the fields, military bases and border crossings, and re- parties in the Democratic Republic of the Congo and quests the Secretary-General to report without delay in the region to advance the peace process; any failure to comply with these demands; 28. Decides to remain actively seized of the matter. 21. Recalls its resolution 1502(2003) of 26 August 2003, reaffirms the obligation of all parties to comply Following the adoption of resolution 1565 fully with the rules and principles of international hu- (2004) (above), the Secretary-General said that manitarian law applicable to them related to the pro- the Council’s action, while improving the Mis- tection of humanitarian and United Nations person- sion’s operational capacities, fell well below the nel, and urges all those concerned to allow immediate, full and unimpeded access by humanitarian personnel requested additional forces. Therefore, he had to all people in need of assistance, as set forth in appli- instructed DPKO to review the tasks that could be cable international humanitarian law; performed by MONUC, with a view to revising the 22. Also recalls the link between the illicit exploita- scope of its military and civilian police concepts tion and trade of natural resources in certain regions of operation. He hoped that the Council would and the fuelling of armed conflicts, and, in line with favourably revisit MONUC’s requirements in the its resolutions 1493(2003), 1533(2004) and 1552(2004) future. of 27 July 2004, condemns categorically the illegal ex- Rwanda, in a 4 October letter [S/2004/788],ex- ploitation of the natural resources and other sources of wealth of the Democratic Republic of the Congo, pressed disappointment that the Council had not urges all States, especially those in the region includ- mandated MONUC to forcefully disarm the ex- ing the Democratic Republic of the Congo itself, to FAR/Interahamwe. take appropriate steps in order to end these illegal ac- Security Council mission. The Security Coun- tivities, including if necessary through judicial means, cil mission to Central Africa (21-25 November) and to report to the Council as appropriate, and ex- (see p. 117)had as its key objective, during its visit horts the international financial institutions to assist to the DRC, to observe the achievements made in the Government of National Unity and Transition in establishing efficient and transparent control of the the peace and transition process since its last visit exploitation of natural resources; to the country in June 2003 [YUN 2003, p. 127].It 23. Welcomes the convening of the International discussed the political transition process, the Conference on Peace, Security, Democracy and Devel- continuing insecurity and the need for good- opment in the Great Lakes Region, with inclusive par- neighbourly relations in eastern DRC, the situa- ticipation by all the Governments concerned, under tion in Bukavu and the roles of MONUC and the the aegis of the African Union and the United Nations, international community. with a view to strengthening stability in the region and working out conditions that will enable each State to In its report [S/2004/934], the mission noted that enjoy the right to live in peace; the main transitional institutions had been estab- 24. Encourages all Member States to increase inter- lished and were operational; an integrated high national political engagement in the peace process in command had been set up for the armed forces the region, as requested in paragraph 57 of the third and police service; the Governors and Vice- special report of the Secretary-General; Governors of the provinces had been appointed; 25. Expresses grave concern at the allegations of sex- and some key laws, such as the nationality law, ual exploitation and misconduct by civilian and mili- had been adopted. The mission had a strong im- tary personnel of the Mission, requests the Secretary- General to continue to fully investigate these allega- pression of the Congolese people’s desire to hold tions, to take the appropriate action in accordance with elections and concluded that the parties should the Secretary-General’s bulletin on special measures reach an understanding on the post-transitional for protection from sexual exploitation and sexual period to ensure long-term stability. The mis- abuse and to keep the Council informed, further en- sion, stressing the need to respect the deadline courages the Mission to conduct training for personnel for completing the electoral process by the target targeted to ensure full compliance with its code of con- date of June 2005, said that much work remained duct regarding sexual misconduct, and urges troop- contributing countries to take appropriate disciplinary to be done in that regard, in particular the inte- and other action to ensure full accountability in cases gration of the armed forces, the adoption of the of such misconduct involving their personnel; constitution and election laws. President Kabila 26. Requests the Secretary-General to keep it in- had reaffirmed his determination to hold elec- formed regularly of developments in the situation in tions within the agreed time frame.

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The mission noted the restructuring chal- about the continued presence of ex-FAR/ lenges that MONUC was facing and underlined Interahamwe in the DRC and its effect on the sta- the importance of early, detailed planning for its bility of the region. It called for a DRC-Rwanda role in supporting the election process. summit, with the AU, the United Nations and The Security Council discussed the report on other stakeholders, to defuse the tension and 8 December [meeting 5096]. consider ways to address the disarmament and demobilization of the ex-FAR/Interahamwe. The Further cross-border tension (November) AU Council appealed to the United Nations to The DRC, on 30 November [S/2004/935],in- strengthen MONUC so that it could participate in formed the Council President that Rwandan reg- the disarmament and demobilization and called ular troops had crossed the Congolese border to for the speedy establishment of the Joint Verifica- attack the town of Mutongo in North Kivu prov- tion Mechanism. ince and requested that the Council meet to con- demn the aggression. In a 1 December statement SECURITY COUNCIL ACTION (December) [S/2004/949] of its Foreign Minister, the DRC ac- On 7 December [meeting 5095], following consul- cused Rwanda of using the fight against the ex- tations among Security Council members, the FAR/Interahamwe as an excuse to return to the President made statement S/PRST/2004/45 on DRC. The DRC was aware that it had to resolve the behalf of the Council: Interahamwe issue and was committed to doing The Security Council expresses its very deep con- so, but questioned Rwanda’s real objective in try- cern at multiple reports of military operations by the ing to disarm the ex-FAR/Interahamwe. It re- Rwandan army in the eastern part of the Democratic jected Rwandan President Kagame’s proposals Republic of the Congo and at threats by the Govern- for neutralizing the ex-FAR/Interahamwe but was ment of Rwanda in this regard. It recalls its adher- ence to the respect for the sovereignty of all States, willing to accept assistance from African States and underlines the fact that the threat or use of force and their partners, including MONUC, to settle, against the territorial integrity of any State is con- by force if necessary,the Interahamwe and ex-FAR trary to the purposes and principles stated in the issue. Charter of the United Nations. On 2 December [SG/SM/9631-AFR/1076], the The Council strongly condemns any and all such Secretary-General, in a statement attributable to military action, recalling that they are contrary to its his Spokesman, said that he was disturbed by the resolutions, and in particular to resolution 1565 (2004), by which it urged the Governments of the increasing tension between the DRC and Rwanda, Democratic Republic of the Congo, Burundi, particularly by indications from Rwanda of mili- Rwanda and Uganda to each ensure that the terri- tary operations on DRC territory against ex-FAR/ tory of its country was not used to infringe the sover- Interahamwe elements, which Rwanda main- eignty of the others. tained was a threat to its security. He called on The Council demands that the Government of Rwanda to refrain from military action in the Rwanda withdraw without delay any forces it may DRC, which would disrupt the transition process, have in the territory of the Democratic Republic of and on the DRC to intensify efforts to disarm and the Congo, and calls upon all States in the region to refrain from any action or statement that contra- repatriate elements still in the DRC. He added venes international law, undermines the already that MONUC was prepared to activate the Joint fragile stability in the region or the transitional pro- Verification Mechanism for disarming and repa- cess supported by the international community. triating those groups. The Council notes that these reported events and Rwanda, in a 6 December communiqué [S/ threats are contrary to all peace agreements, declara- 2004/951], expressed surprise that the DRC Pres- tions and protocols signed by regional States since ident had called on the Congolese people to the 1998 commencement of hostilities in the Demo- mobilize to fight a Rwandan invasion on DRC ter- cratic Republic of the Congo. It underlines the fact that these events and threats, arising after the Inter- ritory,and reiterated that there were no Rwandan national Conference on the Great Lakes Region, are troops currently on DRC territory. Rwanda added contrary to the commitments taken by the regional that ex-FAR/Interahamwe elements were present Heads of State, in the Declaration adopted in Dar es and active in massive numbers there, and in- Salaam on 20 November 2004, to settle their disputes tended to launch an attack against Rwanda. in a peaceful manner, and are all the more unaccept- Rwanda had fulfilled its obligations under all able. agreements it had signed with the DRC, while the The Council calls upon all Governments in the re- DRC had not done so; specifically, it had not dis- gion, to commit themselves to and make full use of multilateral mechanisms they have agreed to estab- armed and demobilized those elements on its lish, including the Joint Verification Mechanism and territory. the Tripartite Commission, for the peaceful resolu- The AU Peace and Security Council, in a 7 De- tion of their disputes. It further calls upon the Gov- cember decision [S/2004/966], expressed concern ernment of Rwanda, as well as all Governments in

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the region, to devote their resources to the promo- Situation at end of year tion of peace, stability,democracy and development. Progress continued to be made in the transition The Council urges all Member States fully to com- to a new Government, but the security situation ply with their obligations under resolution 1493 in eastern DRC remained volatile, the Secretary- (2003), which imposed an arms embargo in the dis- trict of Ituri and the provinces of North and South General reported in December [S/2004/1034]. The Kivu. May/June Bukavu crisis (see p. 124) and the The Council recognizes that continued tension in Gatumba massacre in Burundi in August (see the eastern part of the Democratic Republic of the p. 150) had polarized the government compo- Congo undermines peace and security in the region, nents, leading RCD-G to temporarily suspend its and in particular that the presence of ex-Forces participation in the transitional Government on armées rwandaises and Interahamwe elements in the 23 August. Subsequently, the Government pre- eastern Democratic Republic of the Congo is a source pared a new road map to ensure implementation of instability, a threat to civilian populations and an of the Global and All-Inclusive Agreement; the impediment to good neighbourly relations between road map was adopted by the Council of Minis- the Democratic Republic of the Congo and Rwanda. It considers the armed presence and activities of ex- ters and was being reviewed monthly. However, Forces armées rwandaises and Interahamwe elements progress remained slow. The Senate prepared a in the eastern part of the Democratic Republic of the first draft of the constitution, which provided for Congo to be unacceptable and demands that they dis- a unitary State with considerable powers de- arm and disband without delay, with a view to their volved to the provinces, although key issues, such repatriation or resettlement. as the electoral system and the balance of power In this regard, the Council welcomes steps taken to between the President and the Prime Minister, set up the plan established by the Congolese authori- remained to be clarified. The laws on nationality ties, with the support of the United Nations Organi- and the armed forces were promulgated on 12 zation Mission in the Democratic Republic of the Congo, aimed at accelerating the disarmament and November, while the amnesty, decentralization demobilization of foreign armed groups. It calls and electoral laws were under discussion in the upon the Governments of Rwanda and the Demo- Parliament. The voter registration law was cratic Republic of the Congo to explore ways to facili- adopted but had not been promulgated. tate the voluntary repatriation of these combatants, Among developments in regional relations, based on the existing mechanisms. It urges the Con- the DRC and Rwanda signed, on 22 September, golese authorities to do everything possible to effec- tively disarm these armed groups as a matter of ur- the terms of reference for the Joint Verification gency, in the interest of stability in the Democratic Mechanism to address cross-border issues, in- Republic of the Congo, the security of Rwanda and cluding the remaining ex-FAR/Interahamwe in Burundi, and the establishment of peace and stabil- the DRC. The Mechanism was composed of the ity in the region. Joint Verification Commission, a policy-making The Council further calls upon, in this regard, the and review body, and Joint Verification Teams Congolese authorities to accelerate the integration comprising technical experts and representatives of the armed forces of the Democratic Republic of of MONUC and the AU. The first meeting of the the Congo, and encourages the donor community to Commission was held in Kigali, Rwanda, on 5 Oc- provide coordinated financial and technical assist- tober. On 29 November, the parties endorsed the ance to this important task. concept of operations for the Teams. Separately, The Council condemns any attempt aimed at un- on 26 October, the DRC, Rwanda and Uganda dermining the unity and territorial integrity of the Democratic Republic of the Congo. signed an agreement on regional security, with a view to strengthening trilateral relations and The Council expresses its intention to consider further actions, including measures that may be preventing the use of their territories by foreign taken against those individuals who, by their actions combatants. The agreement also committed the or statements, compromise the peace and transition parties to ensuring the DDR of foreign armed process in the Democratic Republic of the Congo. groups within 12 months and established a Tri- partite Joint Commission. On 19 and 20 Novem- The DRC, on 20 December [S/2004/984], said ber, the leaders of 11 African States participated that, in the light of Rwanda’s refusal to withdraw in the International Conference on Peace, its troops in compliance with statement Security, Democracy and Development in the S/PRST/2004/45 (above), it was calling on the Great Lakes Region, which agreed on guiding Council to take steps against Rwanda, including principles in the areas of peace and security and the imposition of a total embargo on arms sales to good governance, among others (see p. 116). Rwanda (see p. 160), the suspension of bilateral In accordance with resolution 1565(2004), by and multilateral aid, the freezing of the assets which the Security Council mandated the estab- and prohibition of the movement of Rwandan lishment of joint commissions with a view to as- authorities. sisting the transitional Government in security

YUN04—6th proofs / OF July 24 2006 Africa 135 sector reform, essential legislation and elections, vestigations. The Secretary-General emphasized the National Assembly and Senate agreed on the zero tolerance towards sexual exploitation and establishment of the Joint Commission on Essen- abuse and said that he would develop a compre- tial Legislation, to be chaired by MONUC, which hensive strategy to prevent and respond to such convened on 7 November a meeting of donors to activities in all peacekeeping operations. discuss its terms of reference. The Commission The Secretary-General concluded that the would advise on the elaboration and implemen- transitional process was steadily, albeit slowly, tation of key legislation, including the constitu- progressing towards elections, despite remaining tion and laws on nationality, voter registration, challenges. He urged the parties to turn their at- referendums, decentralization and elections. The tention to real power-sharing and overcoming Joint Commission on Security Sector Reform the mistrust that continued to impede the estab- would coordinate and supplement assistance in lishment of a unified country. The Congolese support of integration and reform of the armed parties needed to assure the population that elec- forces, provide technical advice and coordinate tions would be conducted fairly and free from donor assistance for security sector reform. political violence. Although there had been some The security situation in Ituri, which had im- visible progress with regard to the extension of proved earlier in the year, deteriorated sharply. State authority, transparent and legitimate local In Katanga and Kasai, armed men from the Rev- governance had yet to take root in many areas olutionary Movement for the Liberation of because of the lack of infrastructure, the irregu- Katanga captured the town of Kilwa on 13 and 14 lar payment of salaries of civil servants and the October, resulting in the displacement of its pop- illegal exploitation of natural resources. The dif- ulation. FARDC regained control of the town on ficulties encountered in the reform of the 15 October. In the Kivus, tensions increased security sector remained daunting, while rela- between political and military factions, while tions with neighbouring States remained tense. security along the border with Rwanda deterio- The Secretary-General urged the DRC and rated, with accusations and counter-accusations Rwanda to cooperate to restore peace in eastern of border violations. On 29 November, the tran- DRC, and called on Uganda to assist the DRC in ex- sitional Government officially complained to the tending its authority throughout Ituri. Joint Verification Mechanism about the presence of thousands of Rwandan troops in the Kivus MONUC financing since January. However, security concerns forced The General Assembly considered several re- the Verification Team to cancel its investigation. ports by the Secretary-General concerning the fi- On 19 December, Rwanda’s Foreign Minister nancing of MONUC. stated that his Government was withdrawing A performance report on the MONUC budget, its “threat” to send troops into the DRC, noting covering 1 July 2002 to 30 June 2003 [A/58/684], that it would trust the international community stated that total expenditure amounted to to address the matter of the remaining ex-FAR/ $481.7 million, out of a total apportionment of Interahamwe on Congolese territory. $584.7 million. The difference of $102.9 million, In Ituri, the Government, with MONUC and a variance of 17.6 per cent, was primarily attribut- UNDP assistance, began a disarmament and rein- able to the delayed deployment of military and tegration programme for an estimated 15,000mi- civilian personnel. The Secretary-General rec- litia members. However, by mid-December, only ommended that the Assembly decide on the 1,506 former combatants had registered for the treatment of the unencumbered balance and on programme. Overall, by the end of the year, more the treatment of other income, amounting to than 11,300 foreign combatants and their depen- $31,456,000, mostly derived from savings on or dants had been repatriated from the DRC to Bu- cancellation of prior-period obligations ($22,581,000) rundi, Rwanda and Uganda. Three FARDC bri- and from interest income ($6,547,000). gades were deployed to South Kivu to conduct The MONUC budget for 1 July 2004 to 30 June operations to disarm and repatriate FDLR. 2005 [A/58/701] totalled $721.4 million, inclusive MONUC and the UN Secretariat continued to of voluntary contributions in kind valued at follow up on allegations of sexual exploitation $3.1 million. It provided for the deployment of and abuse by MONUC personnel. Between June 10,040 military contingent personnel, 760 mili- and September, an OIOS investigation into sexual tary observers, 182 civilian police, 972 interna- misconduct in Bunia revealed that 8 of 72 allega- tional staff, 1,354 national staff and 490 United tions could be corroborated. All of the cases were Nations Volunteers. being followed up to ensure that appropriate dis- The Advisory Committee on Administrative ciplinary action was taken, and a number of staff and Budgetary Questions (ACABQ), in its April re- were suspended, pending completion of the in- port [A/58/759/Add.10], recommended that the un-

YUN04—6th proofs / OF July 24 2006 136 Political and security questions

encumbered balance for the earlier period, as able it to fulfil its responsibilities under the relevant well as other adjustments, be credited to Member resolutions of the Security Council, States. In regard to the proposed 2004/05 bud- 1. Takes note of the status of contributions to the United Nations Organization Mission in the Demo- get, it recommended that the total requirement cratic Republic of the Congo as at 15April 2004, includ- be reduced by $9.2 million and that the Assembly ing the contributions outstanding in the amount of appropriate $709.1 million gross ($691.6 million 111.1 million United States dollars, representing some net) for the maintenance of MONUC for the 12 6 per cent of the total assessed contributions, notes with months. concern that only thirty-six Member States have paid The Secretary-General, in an April note [A/58/ their assessed contributions in full, and urges all other Member States, in particular those in arrears, to ensure 772], reported that the appropriation for 1 July payment of their outstanding assessed contributions; 2003 to 30 June 2004 for MONUC was projected 2. Expresses its appreciation to those Member States to be fully utilized, primarily due to the full de- which have paid their assessed contributions in full, ployment of military contingents and resulting and urges all other Member States to make every possi- requirement for the reimbursement of troop- ble effort to ensure payment of their assessed contribu- contributing Governments. The difference be- tions to the Mission in full; tween the projected expenditures and the amount 3. Expresses concern at the financial situation with appropriated by the Assembly was $59 million regard to peacekeeping activities, in particular as re- gards the reimbursements to troop contributors that gross ($57.1 million net). Therefore, he requested bear additional burdens owing to overdue payments that the Assembly assess and apportion that by Member States of their assessments; amount among Member States. ACABQ, in a May 4. Also expresses concern at the delay experienced by report [A/58/794], endorsed that request. the Secretary-General in deploying and providing ade- quate resources to some recent peacekeeping missions, GENERAL ASSEMBLY ACTION in particular those in Africa; On 18 June [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- discriminatory treatment in respect of financial and tive and Budgetary) Committee [A/58/583/Add.1], administrative arrangements; adopted resolution 58/259 B without vote [agenda 6. Also emphasizes that all peacekeeping missions item 138]. shall be provided with adequate resources for the effec- tiveandefficientdischargeoftheirrespectivemandates; Financing of the United Nations Organization Mission 7. Reiterates its request to the Secretary-General to in the Democratic Republic of the Congo make the fullest possible use of facilities and equip- The General Assembly, ment at the United Nations Logistics Base at Brindisi, Having considered the reports of the Secretary- Italy, in order to minimize the costs of procurement for General and his note on the financing of the United the Mission; Nations Organization Mission in the Democratic Re- 8. Endorses the conclusions and recommendations public of the Congo and the related reports of the Ad- contained in the reports of the Advisory Committee on visory Committee on Administrative and Budgetary Administrative and Budgetary Questions, subject to the Questions, provisions of the present resolution, and requests the Recalling Security Council resolutions 1258(1999) of Secretary-General to ensure their full implementation; 6 August 1999and 1279(1999)of 30 November 1999re- 9. Requests the Secretary-General to take all neces- garding, respectively, the deployment to the Congo re- sary measures in order to improve the distribution of gion of military liaison personnel, and the establish- food rations in the Mission; ment of the United Nations Organization Mission in 10. Also requests the Secretary-General, in the con- the Democratic Republic of the Congo, and the subse- text of the comprehensive review of the organizational quent resolutions by which the Council extended the structure of the Mission, to consider the posts required mandate of the Mission, the latest of which was resolu- for the election process; tion 1493(2003) of 28 July 2003, by which the Council 11. Authorizes the Secretary-General to employ, if also authorized increasing the military strength of the necessary, 17additional staff, up to a total of 34, in the Mission, Office of Public Information for the purposes of the Recalling also its resolution 54/260 A of 7 April 2000 election process, within the approved budget level for on the financing of the Mission, and its subsequent 2004-2005, and to report thereon in the context of the resolutions thereon, the latest of which was resolution next performance report of the Mission; 58/259 A of 23 December 2003, 12. Requests the Secretary-General to present in his Reaffirming the general principles underlying the next budget proposal workload indicators for the in- financing of United Nations peacekeeping operations, ternational staff in the Office of Public Information; as stated in General Assembly resolutions 1874(S-IV) 13 . Also requests the Secretary-General to take all of 27 June 1963, 3101(XXVIII) of 11 December 1973 necessary action to ensure that the Mission is adminis- and 55/235 of 23 December 2000, tered with a maximum of efficiency and economy, par- Noting with appreciation that voluntary contributions ticularly with regard to air transport; have been made to the Mission, 14 . Further requests the Secretary-General, in order Mindful of the fact that it is essential to provide the to reduce the cost of employing General Service staff, Mission with the necessary financial resources to en- to continue efforts to recruit local staff for the Mission

YUN04—6th proofs / OF July 24 2006 Africa 137 against General Service posts, commensurate with the added to the credits from the amount referred to in requirements of the Mission; paragraphs 19 and 20 above and that the respective Financial performance report for the shares of Member States therein shall be applied in ac- cordance with the provisions of those paragraphs, as period from 1 July 2002 to 30 June 2003 appropriate; 15. Takes note of the report of the Secretary-General on the financial performance of the Mission for the Financing of the appropriation for the period from 1 July 2002 to 30 June 2003; period from 1 July 2003 to 30 June 2004 Budget estimates for the period 22. Takes note of the note by the Secretary-General from 1 July 2004 to 30 June 2005 on the financing arrangements for the Mission for the 16. Decides to appropriate to the Special Account for period from 1 July 2003 to 30 June 2004; the United Nations Organization Mission in the Dem- 23. Decides to apportion among Member States the ocratic Republic of the Congo the amount of amount of 59,038,300 dollars already appropriated for 746,072,500 dollars for the period from 1 July 2004 to the maintenance of the Mission for the period from 30 June 2005, inclusive of 709,123,200 dollars for the 1July2003to30June2004underthetermsofGeneral maintenance of the Mission, 30,207,700 dollars for the Assembly resolution 58/259 A, in accordance with the support account for peacekeeping operations and levels set out in Assembly resolution 55/235, as adjusted 6,741,600 dollars for the United Nations Logistics by the Assembly in its resolutions 55/236 and 57/290 A Base; and updated in its resolution 58/256, taking into ac- count the scale of assessments for 2003, as set out in its Financing of the appropriation resolutions 55/5 B and 57/4 B, and the scale of assess- 17. Decides also to apportion among Member States ments for 2004, as set out in its resolution 58/1 B; theamountof746,072,500dollarsatamonthlyrateof 24. Decides also that, in accordance with the provi- 62,172,708 dollars, in accordance with the levels set out sions of its resolution 973(X), there shall be set off in General Assembly resolution 55/235, as adjusted by against the apportionment among Member States, as the Assembly in its resolution 55/236 of 23 December provided for in paragraph 23 above, their respective 2000 and updated in its resolution 58/256 of 23 Decem- share in the Tax Equalization Fund of the estimated ber 2003, and taking into account the scale of assess- additional staff assessment income of 1,936,764 dol- ments for 2004 and 2005, as set out in its resolution lars approved for the Mission; 58/1 B of 23 December 2003, subject to a decision of the Security Council to extend the mandate of the Mission; 25. Emphasizes that no peacekeeping mission shall 18. Decides further that, in accordance with the pro- be financed by borrowing funds from other active visions of its resolution 973(X) of 15 December 1955, peacekeeping missions; there shall be set off against the apportionment among 26. Encourages the Secretary-General to continue to Member States, as provided for in paragraph 17above, take additional measures to ensure the safety and their respective share in the Tax Equalization Fund of security of all personnel under the auspices of the 22,311,400 dollars, comprising the estimated staff as- United Nations participating in the Mission; sessment income of 17,523,300 dollars approved for the 27. Invites voluntary contributions to the Mission in Mission, the prorated share of 4,408,300 dollars of the cash and in the form of services and supplies accepta- estimated staff assessment income approved for the ble to the Secretary-General, to be administered, as ap- support account and the prorated share of 379,800 propriate, in accordance with the procedure and prac- dollars of the estimated staff assessment income ap- tices established by the General Assembly; proved for the United Nations Logistics Base; 28. Decides to include in the provisional agenda of 19 . Decides that for Member States that have ful- its fifty-ninth session the item entitled “Financing of filled their financial obligations to the Mission, there the United Nations Organization Mission in the Dem- shall be set off against their apportionment, as pro- ocratic Republic of the Congo”. vided for in paragraph 17above, their respective share of the unencumbered balance and other income in the On23December,theAssemblydecidedthatthe total amount of 133,437,500 dollars in respect of the fi- agendaitem on thefinancing of MONUC would re- nancial period ended 30 June 2003, in accordance with main for consideration during its resumed fifty- the levels set out in General Assembly resolution 55/235, as adjusted by the Assembly in its resolution ninth (2005) session (decision 59/552). 55/236 and its resolution 57/290 A of 20 December 2002, taking into account the scale of assessments for Arms embargo 2003 as set out in its resolutions 55/5 B of 23 Decem- In March, the Security Council, having consid- ber 2000 and 57/4 B of 20 December 2002; 20. Decides also that for Member States that have not ered the fourteenth report of the Secretary- fulfilled their financial obligations to the Mission, General on MONUC [YUN 2003, p. 134], established a there shall be set off against their outstanding obliga- committee to review and monitor the arms em- tions their respective share of the unencumbered bal- bargo imposed by resolution 1493(2003) [ibid., ance and other income in the total amount of p. 130] against armed groups operating in the DRC 133,437,500 dollars in respect of the financial period (see below). ended 30 June 2003, in accordance with the scheme set out in paragraph 19 above; 21. Decides further that the increase in the estimated SECURITY COUNCIL ACTION (March) staff assessment income of 393,400 dollars in respect On 12 March [meeting 4926], the Security Coun- of the financial period ended 30 June 2003 shall be cil unanimously adopted resolution 1533(2004).

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The draft [S/2004/192] was prepared in consulta- the ports, airports, airfields, military bases and border tions among Council members. crossings in North and South Kivu and in Ituri; 4. Authorizes the Mission to seize or collect, as ap- The Security Council, propriate, the arms and any related materiel whose Recalling its resolutions and the statements by its presence in the territory of the Democratic Republic President concerning the Democratic Republic of the of the Congo violates the measures imposed by para- Congo, graph 20 of resolution 1493(2003), and to dispose of Reiterating its concern regarding the presence of such arms and related materiel as appropriate; armed groups and militias in the eastern part of the 5. Reiterates its demand that all parties provide im- Democratic Republic of the Congo, particularly in mediate, unconditional and unhindered access to Mis- North and South Kivu and in Ituri, which perpetuates sion personnel, in accordance with paragraphs 15 and a climate of insecurity in the whole region, 19of resolution 1493(2003), to enable them to carry out Condemning the continuing illicit flow of weapons the tasks outlined in paragraphs 3 and 4 above; into the Democratic Republic of the Congo, and de- 6. Reiterates its condemnation of the continuing ille- claring its determination to monitor closely compli- gal exploitation of natural resources in the Democratic ance with the arms embargo imposed by its resolution Republic of the Congo, especially in the eastern part of 1493(2003) of 28 July 2003, the country, which contributes to the perpetuation of Underscoring the right of the Congolese people to the conflict, and reaffirms the importance of bringing control their own natural resources, recalling in this to an end these illegal activities, including by applying regard the statement made by its President on 19 No- the necessary pressure on the armed groups, traffick- vember 2003, which emphasizes the connection, in the ers and all other actors involved; context of the continuing conflict, between the illegal 7. Urges all States, and especially those in the re- exploitation of natural resources and trafficking in gion, to take the appropriate steps to end these illegal raw materials and arms, as highlighted in the final re- activities, including through judicial means where pos- port of the Panel of Experts on the Illegal Exploitation sible, and, if necessary, to report to the Council; of Natural Resources and Other Forms of Wealth of 8. Decides to establish, in accordance with rule 28 of the Democratic Republic of the Congo, and stressing its provisional rules of procedure, a Committee of the for this purpose the need for all Member States to work Security Council consisting of all members of the to achieve an end to the illegal exploitation of natural Council (“the Committee”), to undertake the follow- resources, ing tasks: Encouraging all States signatories to the Nairobi Dec- (a) To seek from all States, and particularly those in laration on the Problem of the Proliferation of Illicit the region, information regarding the actions taken by Small Arms and Light Weapons in the Great Lakes Re- them to implement effectively the measures imposed by gion and the Horn of Africa of 15 March 2000 to im- paragraph 20 of resolution 1493(2003) and to comply plement quickly the measures required by the Coordi- with paragraphs 18 and 24 of the same resolution, and nated Agenda for Action, as an important means of thereafter to request from them whatever further infor- support of the measures imposed by paragraph 20 of mation it may consider useful, including by providing resolution 1493(2003), States with an opportunity, at the request of the Com- Taking note of the fourteenth report of the Secretary- mittee, to send representatives to meet with the Com- General on the United Nations Organization Mission mitteeformorein-depthdiscussionofrelevantissues; in the Democratic Republic of the Congo, of 17 No- (b) To examine, and to take appropriate action on, vember 2003, and of the recommendations contained information concerning alleged violations of the meas- therein, ures imposed by paragraph 20 of resolution 1493(2003) Noting that the situation in the Democratic Republic and information on alleged arms flows highlighted in of the Congo continues to constitute a threat to inter- the reports of the Panel of Experts on the Illegal Ex- national peace and security in the region, ploitation of Natural Resources and Other Forms of Acting under Chapter VII of the Charter of the Wealth of the Democratic Republic of the Congo, United Nations, identifying, where possible, individuals and legal enti- 1. Reaffirms the demand, laid down in paragraph 20 ties reported to be engaged in such violations, as well as of resolution 1493(2003), that all States take the neces- aircraft or other vehicles used; sary measures to prevent the supply of arms and any (c) To present regular reports to the Council on its related materiel or assistance to armed groups operat- work, with its observations and recommendations, in ing in North and South Kivu and in Ituri, and to particular on the ways to strengthen the effectiveness groups not party to the Global and All-Inclusive of the measures imposed by paragraph 20 of resolu- Agreement on the Transition in the Democratic Re- tion 1493(2003); public of the Congo, signed at Pretoria on 17 Decem- (d) Toconsiderthelists referredto inparagraph10 (g) ber 2002; belowwithaviewtosubmittingrecommendationstothe 2. Welcomes the recommendations contained in Council for possible future measures to be taken in this paragraph 72 of the fourteenth report of the regard; Secretary-General on the United Nations Organiza- (e) To receive notifications in advance from States tion Mission in the Democratic Republic of the Congo; made under paragraph 21 of resolution 1493(2003) 3. Requests the Mission to continue to use all means, and to decide, if need be, upon any action to be taken; within its capabilities, to carry out the tasks outlined in 9. Requests all States, in particular those in the re- paragraph 19 of resolution 1493(2003), and in particu- gion, to report to the Committee, within sixty days of lar to inspect, without notice as it deems it necessary, the date of adoption of the present resolution, on the the cargo of aircraft and of any transport vehicle using actions that they have taken to implement the measures

YUN04—6th proofs / OF July 24 2006 Africa 139 imposed by paragraph 20 of resolution 1493(2003), Council members elected the Chairman and and authorizes the Committee thereafter to request vice-chairmen of the Security Council Commit- from Member States whatever further information it tee established pursuant to resolution 1533 may consider necessary; 10. Requests the Secretary-General, in consultation (2004), as announced by the Council President with the Committee, to establish, within thirty days of on 8 April [S/2004/280]. the date of adoption of the present resolution, and for In May and June, Honduras [S/AC.43/2004/17], a period expiring on 28 July 2004, a group of experts Jordan [S/AC.43/2004/25], Kuwait [S/AC.43/2004/24], consisting of no more than four members (“the Group Norway [S/AC.43/2004/18], South Africa [S/AC.43/ of Experts”), having the necessary skills to perform the 2004/9], Sweden [S/AC.43/2004/7] and the Syrian following mandate: Arab Republic [S/AC.43/2004/19] informed the (a) To examine and analyse information gathered Committee of measures they had taken to comply by the Mission in the context of its monitoring man- date; withtherequirementscontainedinparagraphs18 (b) To gather and analyse all relevant information and 24 of resolution 1533(2004). in the Democratic Republic of the Congo, countries of Appointment of Group of Experts. The the region and, as necessary, in other countries, in co- Secretary-General, on 21 April [S/2004/317] and operation with the Governments of those countries, on 24 August [S/2004/677], informed the Council of flows of arms and related materiel, as well as networks the names of the four experts he had appointed operating in violation of the measures imposed by to serve on the Group of Experts, in accordance paragraph 20 of resolution 1493(2003); (c) To consider and recommend, where appropri- with paragraph 10 of resolution 1533(2004) ate, ways of improving the capabilities of interested (above). On 21 September [S/2004/750],hein- States, in particular those of the region, to ensure that formed the Council of the replacement of one of the measures imposed by paragraph 20 of resolution those members who was unable to assume his 1493(2003) are effectively implemented; functions. (d) To report to the Council in writing before Report of Group of Experts. The Group of 15 July 2004, through the Committee, on the imple- Experts on the DRC released its report on 15 July mentation of the measures imposed by paragraph 20 of resolution 1493(2003), with recommendations in [S/2004/551]. The report described the political this regard; and military situation leading to the imposition (e) To keep the Committee frequently updated on and monitoring of the arms embargo established its activities; by resolution 1493(2003) [YUN 2003, p. 130],exam- (f) To exchange with the Mission, as appropriate, ined the elements that contributed to border po- information that might be of use in the fulfilment of rosity and arms trafficking, issues related to air its monitoring mandate as described in paragraphs 3 transport and trafficking, aiding and abetting, and 4 above; the involvement of foreign forces and military (g) To provide the Committee, in its reports, with a list, with supporting evidence, of those found to have alliances with uncontrolled armed groups. violated the measures imposed by paragraph 20 of res- The group noted that the transitional Govern- olution 1493(2003), and those found to have supported ment exerted little or no authority over extended them in such activities, for possible future measures by parts of DRC’s eastern border, whose porosity, the Council; permeability and permissibility constituted the 11. Requests the Special Representative of the most critical factor undermining its ability and Secretary-General for the Democratic Republic of the Congo to communicate, as appropriate, to the Security that of the international community to monitor Council, through the Committee, information gath- the flow of weapons and other illicit commodi- ered by the Mission and, when possible, reviewed by ties into the country. Moreover, local, regional the Group of Experts concerning supply of arms and and international capacities, controls and surveil- related materiel to armed groups and militias and any lance were weak or totally inadequate. There was possible presence of foreign military in the Demo- therefore ample opportunity to traffic weapons cratic Republic of the Congo; into the DRC overland, facilitated by the informal 12. Urges all States, relevant United Nations bodies trading across the border, as well as by way of and, as appropriate, other organizations and inter- ested parties, to cooperate fully with the Committee inter-State lakes and by aircraft using the more and with the Group of Experts and the Mission, in par- than 450 known airports and airfields, many of ticular by supplying any information at their disposal them in remote areas but long enough to on possible violations of the measures imposed by accommodate medium-weight aircraft. paragraph 20 of resolution 1493(2003); The Group examined the case of Rwandan 13 . Calls upon the international community, in par- support for the mutinous forces of Jules ticular the specialized international organizations con- Mutebutsi and Laurent Nkunda. It concluded cerned, to provide financial and technical assistance to the Government of the Democratic Republic of the that Rwanda’s violations involved direct and indi- Congo with a view to helping it to exercise effective rect support, in both the DRC and Rwanda, to control over its borders and its airspace; those mutinous troops during their armed mili- 14 . Decides to remain actively seized of the matter. tary operations against FARDC, allowing them to

YUN04—6th proofs / OF July 24 2006 140 Political and security questions flee back into Rwanda where they regrouped and such forces except for international peace negoti- remained a latent threat to the DRC. Both Mr. ations. The Group urged the Joint Verification Mutebutsi’s and Mr. Nkunda’s forces had looted Mechanism, as agreed by the 24 June summit in areas of Bukavu, gaining $1 million to $3 million Abuja between Rwanda and the DRC (see p. 127), in cash for recruitment and for the payment and to begin its work. The Group said that the exten- supply of troops. Prior to the outbreak of the sion of the transitional authority throughout the Bukavu conflict, Rwandan officials also lent their DRC remained a prerequisite, which should be support to General Nkunda on recruitment followed by unified governmental control of the drives inside Rwanda. The Group of Experts con- borders in order to stem the flow of arms and firmed reports that, from mid-May to June 2004, other illicit commodities into the country. The Rwandan troops had ordered the deforestation control of movements in the air and on the of the southern sector of the DRC’s Virunga Na- ground should be improved by establishing an tional Park. Rwanda’s deployment to that area independent air-traffic services unit. was in violation of the embargo. It also con- Pointing to the need to respect the civilian na- firmed that Rwandan forces maintained posi- ture of refugee camps, in particular by abstain- tions in the Congolese border town of Bunagana ing from voluntary and forced recruitment with- and surroundings. in them, the Group called on Rwanda to prohibit The Group noted that political and military recruitment drives and to expel Congolese who alliances of convenience could be construed as had conducted them. The disarmament, demo- violations of the arms embargo in giving direct bilization, repatriation, reintegration and reset- or indirect support to groups not party to the tlement mechanism would benefit from a donor- Global and All-Inclusive Agreement or to an un- funded external verification mission to follow up controlled armed group operating out of Ituri on the status of demobilized soldiers after their and the Kivus, adding that the ambiguity of in- return to Rwanda. Such a mission could ensure terpretation of the embargo needed to be clari- that demobilized soldiers were not being re- fied. cruited to fight in the DRC. The Group also rec- Among its recommendations, the Group ommended that Mutebutsi’s troops fleeing called for Governments party to the Northern across the border be disarmed and cantoned and Corridor Transit Agreement to amend the that the DRC and Rwanda reach an agreement on Agreement to permit physical inspection of tran- the fate of Mutebutsi and his troops. sit trade goods en route to areas under the exclu- Improvement of MONUC’s monitoring and in- sive domain of uncontrolled armed groups and terdiction capacity could be achieved with appro- other embargoed parties. To prevent all forms of priate lake patrol and air-surveillance capabili- assistance reaching the Ituri armed groups, it ties, and more troops to monitor airports, areas urged control of all inter-State trade with such under the control of the Ituri armed groups, groups, as well as commercial flights, until Idjwi Island and other flashpoints along the DRC- MONUC was able to deploy to those territories or Rwanda border. the State extended its authority there. The Group of Experts recommended the re- Aware of Uganda’s security concerns, the newal of the arms embargo in the DRC for the pe- Group suggested that Uganda provide adequate riod covering MONUC’s next mandate. It added protection so that it could deploy immigration that monitoring of the embargo was essential to and customs agents to its border areas with the enhance its effectiveness. DRC and strengthen its capacity to patrol Lake Communications. The DRC, in a 21 July letter Albert and Lake Edward. Procedures at border [S/2004/586], welcomed the Group’s report which, crossings with areas controlled by Ituri armed it said, confirmed the DRC’s views on the contin- groups should be enhanced by the presence of ued presence of the Rwandan Defence Forces on more accredited agents, tighter procedures on its territory,with the concealed motive of exploit- the declaration of goods to and from the DRC,im- ing the natural resources in the DRC. It supported proved inspection of goods entering areas con- the recommendations and called on the Council trolled by Ituri armed groups and systematic reg- to impose further sanctions targeted at the istration of individuals exiting and entering Rwandan leaders, including a travel ban, the Uganda. freezing of their bank assets and an arms em- In regard to Rwanda, the Group recom- bargo. mended the restoration of civilian oversight and In its reaction to the report, also of 21 July monitoring of activities along its borders with the [S/2004/587], Rwanda refuted many of the state- DRC, and the restriction of immigration, safe resi- ments contained therein. It said that the most se- dence and freedom of movement of dissident or rious threat to the region was the presence of the mutinous forces and other individuals allied with ex-FAR/Interahamwe, whereas the report fo-

YUN04—6th proofs / OF July 24 2006 Africa 141 cused on Mutebutsi and his men. The United 3. Expresses its intention to modify or to remove those Nations, Rwanda said, should work with regional provisions if it determines that the demands noted States to strengthen their capacity in border con- above have been satisfied; trol and customs procedures and operations. The 4. Decides that it will review those measures by 1 Oc- tober 2004, and periodically thereafter; Experts should have focused on those needs. On 5. Requests, to this end, the Secretary-General, in 26 July [S/2004/593], Rwanda expanded on its consultation with the Committee, to re-establish, with- comments, stating that the Group of Experts had in thirty days of the date of adoption of the present res- completely ignored or trivialized the information olution, and for a period expiring on 31 January 2005, that Rwanda had provided, including responses the Group of Experts referred to in paragraph 10 of to specific questions. Rwanda stated that the resolution 1533(2004); report therefore lacked credibility. 6. Requests the Group of Experts to report to the Council in writing before 15 December 2004, through [S/2004/591] [S/2004/607] On 23 July and 27 July , the Committee, on the implementation of the measures Uganda submitted its comments and observa- imposed by paragraph 20 of resolution 1493(2003), with tions on the report, particularly references to recommendations in this regard, in particular regard- Uganda, which it denied, and factual errors, ing the lists provided for by paragraph 10 (g) of resolu- which, it said, were intended to portray Uganda tion 1533(2004); in a bad light. Solutions to Congolese problems 7. Decides to remain actively seized of the matter. required strengthening regional cooperation and governmental structures, rather than inqui- ries by expert groups, it added. Burundi In 2004, the United Nations, through the SECURITY COUNCIL ACTION (July) United Nations Office in Burundi (UNOB), On 27 July [meeting 5011], the Security Council headed by the Special Representative of the unanimouslyadoptedresolution1552(2004).The Secretary-General for Burundi, continued to as- draft [S/2004/594] was prepared in consultations sist the parties (Jean Bosco Ndayikengurukiye’s among Council members. faction of the Conseil national pour la défense dela démocratie–Forces pour la défense de la démo- The Security Council, cratie (CNDD-FDD), Alain Mugabarabona’s fac- Recalling its resolutions and the statements by its tion of the Parti pour la libération du peuple hutu– President concerning the Democratic Republic of the Forces nationales de libération (PALIPEHUTU- Congo, in particular resolutions 1493(2003) of 28 July 2003 and 1533(2004) of 12 March 2004, FNL), Pierre Nkurunziza’s faction of the CNDD-FDD Reiterating its concern regarding the presence of and Agathon Rwasa’s Forces nationales de libéra- armed groups and militias in the eastern part of the tion (FNL (Rwasa), also known as Palipehutu- Democratic Republic of the Congo, particularly in the FNL) in the implementation of the 2000 Arusha provinces of North and South Kivu and in the Ituri Agreement on Peace and Reconciliation [YUN district, which perpetuates a climate of insecurity in 2000, p. 146], particularly its transition to full dem- the whole region, ocratic governance. The Implementation Moni- Condemning the continuing illicit flow of weapons toring Committee, charged with supervising the within and into the Democratic Republic of the Congo, implementation of the Agreement, met under and declaring its determination to monitor closely com- the chairmanship of the United Nations. The pliance with the arms embargo imposed by its resolu- tion 1493(2003), Committee’s subsidiary organ, the Joint Cease- fire Commission, established in 2003, coordi- Taking note of the report and the recommendations, of 9 July 2004, of the Group of Experts referred to in nated and resolved military issues related to the paragraph 10 of resolution 1533(2004), transmitted by implementation of the ceasefire agreements be- the Security Council Committee established in accord- tween and among the parties. The United ance with paragraph 8 of the same resolution (herein- Nations worked closely with the Great Lakes Re- after “the Committee”), gional Peace Initiative under the chairmanship Noting that the situation in the Democratic Republic of Uganda; the Facilitation, a regional peace ini- of the Congo continues to constitute a threat to inter- tiative under the direction of South Africa’s national peace and security in the region, Deputy President, Jacob Zuma, and the Transi- Acting under Chapter VII of the Charter of the tional Government, established in 2001 for a United Nations, three-year period. 1. Reaffirms the demands set out in paragraphs 15, 18 and 19 of resolution 1493(2003); The security aspects were covered by the AU African Mission in Burundi (AMIB), established 2. Decides, in the light of the failure of the parties to comply with those demands, to renew, until 31 July in 2003 to provide security for the cantonment of 2005, the provisions of paragraphs 20 to 22 of resolu- combatants and assist in the demobilization, dis- tion 1493(2003) and all the provisions of resolution armament and reintegration of armed groups. In 1533(2004); May 2004, the Security Council established the

YUN04—6th proofs / OF July 24 2006 142 Political and security questions

United Nations Operation in Burundi (ONUB), ernment. It noted the final communiqué signed incorporating UNOB and AMIB, with a mandate by the parties and encouraged them to continue to monitor ceasefire agreements, promote confi- their discussions, with a view to a complete cessa- dence between the Burundian forces through dis- tion of hostilities and PALIPEHUTU-FNL entering armament and demobilization measures, moni- the transitional institutions. tor the illegal flow of arms and the quartering of EU statement. The EU, in a 27 January state- Burundi armed forces, assist the transitional ment [S/2004/109], called on the Government of Government in establishing safe conditions for Burundi and FNL to hold a follow-up meeting at providing humanitarian assistance, contribute to the earliest opportunity, to cease all hostilities the electoral process, and protect civilians under and to conclude a ceasefire agreement. threat and UN personnel and property. The Establishment of commission of inquiry. As Council extended ONUB’s mandate until 1 June recommended by the mission [YUN 2003, p. 149], the 2005. Security Council President, on 26 January [S/2004/72], responding to Burundi’s 2002 request Political and military developments that the Council establish an international judi- cial commission of inquiry as provided for in the Follow-up to recommendations of 2003 mission Arusha Agreement, affirmed the Council’s agreement to request the Secretary-General to Forum of Burundi’s Development Partners. send an assessment mission to Burundi to con- Burundi forwarded to the Security Council Pres- sider the advisability and feasibility of establish- ident the final communiqué of the Forum of Bu- ing such a commission. The terms of reference of rundi’s Development Partners (Brussels, Bel- the mission, approved by the Council on 23 gium, 13-14 January) [S/2004/49]. January, were annexed to the President’s letter. Burundi’s international partners pledged a to- Report of Secretary-General. Reporting on tal of 810 million euros ($1,032 million) to cover those and other developments relating to the im- the priority programmes for the second phase of plementation of the recommendations pertain- its transition, covering economic recovery, ing to Burundi of the Council’s 2003 mission to capacity-building for good governance, repatria- the Great Lakes region, the Secretary-General, in tion of refugees and rehabilitation of survivors, a 20 January report [S/2004/52], said that, in con- and the establishment of a new defence and nection with the international community’s as- security force. In its transmittal letter, Burundi sistance to AMIB, UN agencies and AMIB main- requested the Council to ensure that the amounts tained regular consultations, and UN agencies in pledged were disbursed and expressed its hope Bujumbura, with political guidance from UNOB, that the Council would strengthen the peace pro- provided assistance in disarmament, demobiliza- cess by taking over the responsibilities of AMIB tion and reintegration activities and security sec- through a UN peacekeeping operation and pro- tor reform, in cooperation with AMIB and the vide assistance in combating impunity. Joint Ceasefire Commission (JCC). A new impe- Netherlands ceasefire talks. Burundi also tus was given to JCC activities with the arrival in transmitted to the Council President the commu- Bujumbura of the representatives of CNDD-FDD niqué issued at the end of talks (Oisterwijk, (Nkurunziza) in December 2003. At the time of Netherlands, 18-21 January) [S/2004/62] between the report, all the parties except FNL (Rwasa) were President Domitien Ndayizeye and Ibrahim represented in JCC. They visited the three pro- Ntakirutimana and his PALIPEHUTU-FNL delega- posed demobilization sites in December and Jan- tion. The parties agreed on the establishment of uary. JCC took formal decisions on those matters an international commission of inquiry into the on 5 January. death of the Apostolic Nuncio, Archbishop The Secretary-General drew attention to the Michael Courtney [S/2004/46]; ending the vio- Forum of Burundi’s Development Partners (see lence to create a climate of trust and an end to the above), organized with UNDP assistance, and clashes between PALIPEHUTU-FNL and CNDD- other UN initiatives to provide assistance to re- FDD; and to meet without delay to discuss matters store Burundi’s economy. On the humanitarian related to the Burundi peace process. The Neth- side, the United Nations and its partners, in No- erlands declared its readiness to assist the parties vember 2003, launched the 2004 consolidated in pursuing the discussions and following up on appeal for some $71 million for humanitarian the agreements reached. needs. Statement by Council President. In a 23 Janu- Efforts continued to end impunity for human ary statement [SC/7988-AFR/817], the Council rights violations. However, the establishment of President said that the Council welcomed the dis- the Truth and Reconciliation Commission, which cussions and the role played by the Dutch Gov- was expected to play a major role in the reconcili-

YUN04—6th proofs / OF July 24 2006 Africa 143 ation process, was stalled in Parliament due to It was also pleased with the role played by the Eco- disagreement between the two major political nomic and Social Council’s Ad Hoc Advisory groupings comprising the transitional institu- Group on Burundi (see p. 912). tions. The Field Office of the High Commis- sioner for Human Rights continued to monitor Multidisciplinary assessment mission the human rights situation and to strengthen the Report of Secretary-General (March). The judiciary. Secretary-General, in response to presidential UNOB provided support, both diplomatic and statement S/PRST/2003/30 [YUN 2003, p. 153], financial, to facilitate the regional peace initia- submitted on 16 March [S/2004/210] a report tive. Its efforts contributed to the comprehensive which contained the findings of his multi- ceasefire agreement of 16 November 2003, disciplinary assessment mission to Burundi (16- signed by the Transitional Government and CNDD- 27 February) to examine UN support to the FDD (Nkurunziza) [YUN 2003, p. 152]. That permit- implementation of the Arusha Agreement. The ted CNDD-FDD (Nkurunziza) representatives to mission observed the political, military, security, return to Bujumbura and participate in the tran- humanitarian and economic situations, as well as sitional institutions. In his new year address, human rights and the status of implementation President Ndayizeye called on stakeholders to of the Agreement. accelerate implementation, and CNDD-FDD Reporting on the political situation, the mis- (Nkurunziza) responded by announcing that it sion observed that significant progress had been would have its combatants gathered in the assem- made towards ending hostilities. Most of the bly areas by 10 January 2004. On 6 January, the armed political parties and movements had President signed a decree appointing 33 mem- joined the peace process, with the exception of bers of the joint military high command, 20 from FNL (Rwasa), which continued to reject the the army and 13 from FDD (Nkurunziza). Arusha Agreement on the grounds that it was a Security Council consideration. At the Security power-sharing deal between political elites and Council’s 17February meeting [meeting 4911] to dis- did not address the plight of the disenfranchised, cuss the Secretary-General’s report, the Assistant nor brought them into the process. Although it Secretary-General for Political Affairs, Tuliameni held meetings in January in the Netherlands with Kalomoh, said that significant progress had been the Transitional Government (see p. 142), the achieved towards implementation of the Council group cancelled further meetings, citing on- mission’s recommendations. The January meet- going hostilities. In the meantime, the deadline ing between President Ndayizeye and a high-level for joining the process imposed on FNL (Rwasa) FNL (Rwasa) delegation in Oisterwijk (see p. 142) by the Regional Peace Initiative in November provided further grounds for optimism. 2003 [YUN 2003, p. 151] expired on 16 February. Many challenges lay ahead, as the transitional Fighting between FNL (Rwasa) and joint Burun- period was expected to end in November with dian Armed Forces (FAB)/CNDD-FDD (Nkurunziza) elections. In that regard, a UN multidisciplinary elements continued, resulting in the Government reconnaissance mission was due to arrive in refusing to end military action until FNL (Rwasa) Bujumbura on 17February to examine the situa- agreed to negotiate with it, and the latter refus- tion on the ground and assess support for the ing to do so as long as the Government was Transitional Government. waging military action against it. Meanwhile, Burundi told the Council that all that re- members of the international community were mained was to canton the CNDD-FDD combatants attempting to bring FNL (Rwasa) into the process. and to begin disarmament, demobilization and Despite those difficulties, the mission found that reintegration operations. The other movements progress had been made in achieving an all- were in the process of gathering their combat- inclusive peace process since the inauguration of ants, most of whom were returning to the DRC the transitional Government in 2001 and that with MONUC’s help. Only PALIPEHUTU-FNL re- both sides seemed ready to open discussions if mained outside the peace process, but it had met the right framework could be found. with the Transitional Government. Burundi The ceasefire was generally holding and major urged the Council to send a peacekeeping mis- military operations had ceased throughout most sion to the country, a step it described as vital to of the country despite continuing operations the success of the Burundi peace process and against FNL (Rwasa), which harassed the capital which could help stabilize the Great Lakes re- from neighbouring Bujumbura Rurale. The gion. Burundi welcomed the Council’s request security situation had also improved and calm that the Secretary-General send a fact-finding had been restored to most provinces. However, mission to the country with a view to establishing ongoing hostilities between FAB/CNDD-FDD an international judicial commission of inquiry. (Nkurunziza) in Bujumbura Rurale continued to

YUN04—6th proofs / OF July 24 2006 144 Political and security questions seriously affect security in those areas, forcing tion and an Executive Secretariat. In February, the capital to remain under curfew. Criminality the Commission completed the preparation of a had increased, aided by the large number of national demobilization, reinsertion and reinte- weapons in circulation and the Government’s gration programme costing $84.4 million, to be inability to control the situation. financed through the World Bank. The civil conflict in Burundi had led to mas- With less than eight months left in the transi- sive refugee flows, much internal displacement tional period, the organization of credible elec- and the disruption of daily life over the decade of tions represented one of the greatest political and conflict. Currently, there were 320,000 Burundi- practical challenges ahead. The Transitional Gov- ans living in camps in the United Republic of ernment anticipated holding colline elections in Tanzania, and an estimated 281,000 internally July,commune elections in August and parliamen- displaced persons at 230 sites. Reports indicated tary and presidential elections in October. How- that large numbers of internally displaced per- ever, the legal framework for elections had not yet sons had begun returning to their original loca- been adopted. Proposals had been drawn up for tions in recent months, but their return, as well as the post-transition constitution, the electoral code, that of refugees, constituted a major humanita- the law on political parties and the law on the rian challenge in the coming months. The re- reorganization of communal administration. Leg- establishment of sustainable livelihoods would, islation on elections was needed to continue the however, require a shift in emphasis by the inter- planning, and a civic education campaign and reg- national community from humanitarian assist- istration of voters would be required. Another ob- ance and emergency interventions to recovery stacle was the cantonment of armed forces, which programming. had stalled, thereby preventing those groups from The human rights situation in Burundi had registering as political parties. not improved much in recent months. Summary UNOB, headed by the Special Representative executions of civilians had decreased, but torture of the Secretary-General, Berhanu Dinka, con- and illegal and arbitrary detention persisted. tinued to work with the Regional Initiative on Bu- The civilian population, especially the elderly, rundi, under the chairmanship of Uganda, in women and children, were the primary victims of moving the peace process forward, and with the the acts of violence, which were committed with Facilitation, under the leadership of the Deputy impunity. Incidents of rape were on the rise and President of South Africa, Jacob Zuma, in its individuals accused of witchcraft were killed by work to bring about a comprehensive ceasefire. mobs. The incapacity of the judicial system to act The Implementation Monitoring Committee, in a timely and impartial manner remained a mandated by the Arusha Agreement to monitor, matter of grave concern. The Office of the supervise and ensure implementation of the United Nations High Commissioner for Human Agreement, under the chairmanship of the Rights (OHCHR) maintained its office in Burundi United Nations, held its seventeenth session for monitoring, investigating and promoting from 10 to 13 February, at which it continued to human rights, with a reduced staff of three, press for a post-transition constitution and the down from 23 in 1999. electoral law. JCC, a subsidiary body of the Com- Implementation of the Arusha Agreement mittee, worked on military issues relating to the had accelerated since the integration of the ceasefire agreements. In January, the Commis- armed groups into the Transitional Government, sion approved the site for the two demobilization and the working relationship between the parties centres and 11 pre-disarmament assembly areas. had been more cooperative in recent months. AMIB, the AU peacekeeping mission, with a Further progress was needed in security sector strength of 2,523 troops and 43 military observ- reform, judicial reform, adoption of legal instru- ers as at February, served to stabilize the situation ments and the organization of elections, in view in Burundi and gave confidence to the armed of the end of the transitional period set for 31Oc- groups to begin the assembly and cantonment tober. While the United Nations was following process; however, it suffered from a lack of funds up on Burundi’s request for an assessment mis- and logistic support, preventing it from fully im- sion (see p. 142)to advise on the establishment of plementing its mandate. an international judicial commission of inquiry, The Secretary-General also made recommen- with the exception of the law on genocide, very dations for reinforcing the UN role in Burundi few of the other measures called for in the (see p. 145). Arusha Agreement had been implemented. To facilitate the integration process, the Gov- Establishment of ONUB ernment had established a National Commission Report of Secretary-General. The Secretary- for Demobilization, Reinsertion and Reintegra- General, in his March report on Burundi

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[S/2004/210], said that, in view of the expressed The Secretary-General said that a Council de- readiness of the parties to cooperate in a spirit of cision was needed soon, in view of the expiration national reconciliation and the significant pro- of the AMIB mandate on 2 April and the planned gress made to date, the assessment mission to Bu- elections. The force should remain in place after rundi concluded that the UN role there could be the elections and its mandate should be reviewed expanded to provide the support required to con- within the following six months. As a first prior- solidate the peace process. The election of a new ity, the Secretary-General called on the Govern- Government was scheduled for 31 October, at ment and FNL (Rwasa) to immediately cease hos- which time the transition process would end. Be- tilities and enter into dialogue with a view to cause of the serious financial and logistical diffi- becoming part of the peace process. culties facing AMIB, the AU, on 17March [S/2004/ The Secretary-General informed the Council 270], had requested UN assistance in taking over and expanding its presence in Burundi. That re- that the financial implications of deploying quest was strongly supported by the Government ONUB would amount to some $418 million for a 12-month period [S/2004/210/Add.1], and of his in- of Burundi [S/2004/208]. The Secretary-General therefore recommended that the Council author- tention to immediately begin planning and prep- ize the deployment of a multidimensional UN arations for the Mission [S/2004/274]. On 1 April peacekeeping operation (the United Nations [S/2004/275], the Council, without prejudice to Mission in Burundi (ONUB) to support the peace any decision it might take on establishing such an process. operation, approved his proposal. The operation would be headed by a Special The AU Peace and Security Council, at its Representative of the Secretary-General, who second session (Addis Ababa, 25 March) [S/2004/ would chair the Implementation Monitoring 261], adopted a communiqué on Burundi in Committee. JCC would report directly to the which it urged the UN Security Council to Force Commander. The Deputy Special Repre- authorize the early deployment of a UN peace- sentative would serve concurrently as United keeping mission as the Secretary-General had Nations Resident Coordinator and Humanita- recommended. In the meantime, it decided to re- rian Coordinator. The Mission would comprise a new the AMIB mandate for one month, until military component based on the reassignment 2 May, on the understanding that the Council of AMIB, with a total troop strength of 5,650 all would deploy a peacekeeping mission in Burundi ranks, including 200 military observers and 125 before the end of the new mandate. The AU ap- headquarters staff, as well as a civilian compo- pealed to PALIPEHUTU-FNL (Rwasa) to work to- nent, which would build on current UNOB capa- wards a ceasefire agreement with the Transi- bilities, to monitor and provide security at pre- tional Government and to join the peace process. disarmament assembly sites, collect and secure Burundi, on 21 April [S/2004/316], expressed weapons, monitor the cantonment of FAB ele- concerns about the preparations for the deploy- ments and weapons, and participate in joint liai- ment of the peacekeeping mission in Burundi son teams of JCC to monitor the disarmament and and hoped that they would be reflected in the disbanding of militia groups by the Transitional draft resolution that was being prepared, espe- Government. It would also be responsible for cially regarding the task of the mission to create protecting UN personnel, equipment and facili- favourable conditions for the investigative work ties. The Secretary-General suggested that the force be deployed under robust rules of engage- of the International Judicial Commission of In- ment and that an “over-the-horizon” force be quiry and the National Truth and Recnciliation established. Commission, which were important for the peace process. Noting that armed groups had crossed The civilian police component would support into Burundi from both the DRC and the United the preparation of a comprehensive plan for the Republic of Tanzania,Burundi stated that the fu- integration and development of the Burundi Na- ture peacekeeping mission should not include tional Police. There would also be a security sec- any nationals from its immediate neighbours. tor reform and disarmament, demobilization, re- Burundi expected the Council to accept the Sec- insertion and reintegration component, a rule of retary-General’s proposals concerning ONUB. law and civil affairs component, an electoral com- ponent, a human rights component, and a public information component. The Mission would co- SECURITY COUNCIL ACTION (May) operate closely with MONUC in the DRC, particu- On 21 May [meeting 4975], the Security Council larly on gathering information on cross-border unanimously adopted resolution 1545(2004). movements of armed elements and arms traf- The draft [S/2004/410] was prepared in consulta- ficking. tions among Council members.

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The Security Council, ing upon the parties and transitional authorities to Recalling its resolutions as well as the statements by take without delay all necessary measures to that end, its President on Burundi, in particular its resolution Expressing its concern at the tragic humanitarian situa- 1375(2001) of 29 October 2001 and the statements by its tionofalargemajorityoftheBurundianpopulation,re- President of 18 December 2002 and 22 December callingthatallthepartiesareresponsibleforthesecurity 2003, of the civilian populations, and recalling in particular, Reaffirming its strong commitment to the respect of the in this regard, its resolution 1325(2000) of 31 October sovereignty, independence, territorial integrity and 2000 on women and peace and security, its resolutions unity of Burundi, and recalling the importance of 1379(2001)of 20 November 2001,1460(2003) of 30 Janu- the principles of good-neighbourliness and non- ary 2003 and 1539(2004) of 22 April 2004 on children interference, and of regional cooperation, and armed conflict, and its resolutions 1265(1999) of Reaffirming its full support for the process of the 17September 1999 and 1296(2000) of 19 April 2000 on Arusha Peace and Reconciliation Agreement for Bu- the protection of civilians in armed conflict, rundi, signed at Arusha, United Republic of Tanzania, Taking note of the progress achieved in preparing the on 28 August 2000 (hereinafter “the Arusha Agree- disarmament, demobilization and reintegration pro- ment”), calling upon all the Burundian parties to hon- gramme for the combatants, calling upon the parties to our fully their commitments, and assuring them of its commit themselves firmly to that programme without determination to support their efforts to that end, delay, and encouraging the international financial in- Encouraging in particular the transitional institutions stitutions and donors to support the programme, of Burundi to enact without delay the laws and regula- Expressing its concern at the deteriorating economic tions required for the organization of the electoral pro- situation in Burundi in the context of the conflict, and cess under the Arusha Agreement, so that this process recognizing that any improvement in security should can take place before the expiration of the transitional be matched by tangible economic and social benefits period on 31 October 2004, for the population, Taking note with satisfaction of the ceasefire agreement Considering that the voluntary and sustainable return signed on 7 October 2002 by the Transitional Govern- of refugees and internally displaced persons will be a ment of Burundi with the Forces pour la défense de la critical factor for the consolidation of the peace pro- démocratie of Mr. Jean Bosco Ndayikengurukiye and cess, and will require a just solution of the issue of land the Parti pour la libération du peuple hutu-Forces ownership, nationales de libération of Mr. Alain Mugabarabona, as Welcoming the conclusions of the Forum of Bu- well as the Global Ceasefire Agreement signed on rundi’s Development Partners, which was held at 16 November 2003 at Dar-es-Salaam, United Republic Brussels on 13 and 14 January 2004, and calling upon of Tanzania,between the Transitional Government and donors to honour their pledges, the Conseil national pour la défense de la démocratie- Paying tribute to the efforts made by the African Forces pour la défense de la démocratie of Mr. Pierre Union as well as by the States which are members of Nkurunziza, the Regional Initiative, especially Uganda and the Reiterating its concern at the continuing hostilities in United Republic of Tanzania, and the Facilitation, in certain parts of the country, underlining that there particular South Africa, to bring peace to Burundi, cannot be a military solution to Burundi’s problems, and encouraging the African Union to maintain a urging all the parties to observe an immediate cease- strong presence in Burundi to accompany the efforts fire, and stressing the importance attached to the Parti of the Burundian parties, as specified in the Arusha pour la libération du peuple hutu-Forces nationales de Agreement and subsequent agreements, libération of Mr. Agathon Rwasa, the last armed move- Welcoming the efforts of the African Mission in Bu- ment that has still not done so, participating in the rundi and the contingents from South Africa, Ethiopia peace process of the Arusha Agreement, and Mozambique which make it up, as well as the Taking note in this regard of the talks which were Member States which have assisted the Mission in its started between the President of the Republic of Bu- deployment, rundi, Mr. Domitien Ndayizeye, and this armed move- Encouraging the efforts being undertaken to train a mentatthemeetingheldatOisterwijk,theNetherlands, joint Burundian protection unit to ensure continuing from18to21January2004,aswellasthecongressheldat security of the leaders of the transitional institutions, Kigoma, United Republic of Tanzania, from 18 to and underlining the need for that unit to be opera- 21 April 2004 by the Parti pour la libération du peuple tional as soon as possible, hutu-Forces nationales de libération of Mr. Agathon Taking note of the statementsmadebeforethe Council Rwasa, and urging the latter to conclude an agreement by the President of Burundi on 22 September 2003 and with the Transitional Government without delay with a bytheDeputyPresidentoftheRepublicofSouthAfrica, view to a complete cessation of hostilities and its partici- Mr.JacobZuma,on4December2003,infavouroftrans- pation in the transitional institutions, forming the African Mission in Burundi into a United Condemning all acts of violence, as well as human Nations peacekeeping operation, and taking note also, rights and international humanitarian law violations, in that regard, of the letter dated 15 March 2004 from and particularly concerned by the increasing incidents Mr. Thérence Sinunguruza, Minister for Foreign Af- of rape, including mass rapes, fairs and Cooperation of Burundi, addressed to the Reaffirming its determination to support the efforts of President of the Security Council, as well as the letter Burundians to bring the perpetrators of such acts and dated 17 March 2004 from Mr. Alpha Oumar Konaré, violations to justice on the basis of the rule of law in Chairperson of the Commission of the African Union, order to put an end to situations of impunity, and call- addressed to the Secretary-General,

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Aware of the difficulty of sustaining stability in Bu- armament and demobilization of the elements that rundi unless peace is restored beyond its borders, in need to be disarmed and demobilized; particular in the Democratic Republic of the Congo, (e) To monitor, to the extent possible, the illegal and underlining how important it is for all the States flow of arms across the national borders, including concerned, especially those of the region, to cooperate Lake Tanganyika, in cooperation with the United towards that end, and for the United Nations to coor- Nations Organization Mission in the Democratic Re- dinate its efforts in the two countries, public of the Congo and, as appropriate, with the Having considered the report of the Secretary- group of experts referred to in paragraph 10 of resolu- General on Burundi, tion 1533(2004) of 12 March 2004; Welcoming with satisfaction and encouraging the efforts (f) To contribute to the creation of the necessary of the United Nations to enhance the awareness of security conditions for the provision of humanitarian peacekeeping personnel of the need to prevent and assistance and facilitate the voluntary return of refu- combat HIV/AIDS and other communicable diseases, gees and internally displaced persons; Noting that obstacles remain to Burundi’s stability, (g) To contribute to the successful completion of and determining that the situation in that country con- the electoral process stipulated in the Arusha Agree- tinues to constitute a threat to international peace and ment by ensuring a secure environment for free, trans- security in the region, parent and peaceful elections to take place; Acting under Chapter VII of the Charter of the (h) Without prejudice to the responsibility of the United Nations, Transitional Government of Burundi, to protect civil- 1. Welcomes the recommendations contained in the ians under imminent threat of physical violence; report of the Secretary-General on Burundi; (i) To ensure the protection of United Nations per- sonnel, facilities, installations and equipment, as well 2. Decides to authorize, for an initial period of six as the security and freedom of movement of ONUB months as from 1 June 2004, with the intention to renew personnel, and to coordinate and conduct, as appro- it for further periods, the deployment of a peace- priate, mine action activities in support of its mandate; keeping operation called the United Nations Operation 6. Decides that ONUB shall provide advice and as- in Burundi (the acronym ONUB to be used in all lan- sistance, within its capacity and subject to carrying out guages), pursuant to the mandate specified in para- tasks stipulated in paragraph 5 above, to the Transi- graphs 5 to 7 below, in order to support and help to tional Government and authorities to contribute to implement the efforts undertaken by Burundians to re- their efforts: store lasting peace and bring about national reconcilia- tion, as provided under the Arusha Agreement; (a) To monitor Burundi’s borders, with special at- tention to refugees, as well as to movements of combat- 3. Decides also that ONUB shall be headed by the ants, especially in the Cibitoké province; Special Representative of the Secretary-General for (b) To carry out institutional reforms as well as the Burundi, who chairs the Implementation Monitoring constitution of the integrated national defence and in- Committee of the Arusha Agreement, and shall ini- ternal security forces and, in particular, the training tially be composed of existing forces of the African and monitoring of the police, while ensuring that they Mission in Burundi, and therefore requests the are democratic and fully respect human rights and Secretary-General, acting in liaison with the African fundamental freedoms; Union, to ensure the transfer of authority over the (c) To proceed with electoral activities; Mission, within the framework of ONUB, to his Spe- cial Representative; (d) To complete implementation of the reform of the judiciary and correction system, in accordance 4. Decides further that ONUB shall consist of a maxi- with the Arusha Agreement; mumof 5,650military personnel,including200observ- (e) To ensure, in close liaison with the Office of the ers and 125 staff officers, and up to 120 civilian police United Nations High Commissioner for Human personnel, as well as the appropriate civilian personnel; Rights, the promotion and protection of human rights, 5. Authorizes ONUB to use all necessary means to with particular attention to women, children and vul- carry out the following mandate, within its capacity nerable persons, and investigate human rights viola- and in the areas where its armed units are deployed, tions to put an end to impunity; and in coordination with humanitarian and develop- 7. Decides also that ONUB shall cooperate with the ment communities: Government and authorities of Burundi, as well as (a) To ensure the respect of the ceasefire agree- their international partners, to ensure the coherence ments, by monitoring implementation and investigat- of their work, in assisting the Government and author- ing violations of those agreements; ities of Burundi in: (b) To promote the re-establishment of confidence (a) Extending State authority and utilities through- between the Burundian forces present, monitor and out the territory, including civilian police and judicial provide security at their pre-disarmament assembly institutions; sites, collect and secure weapons and materiel to dis- (b) Carrying out the national programme of dis- pose of it as appropriate, and contribute to the disman- armament, demobilization and reintegration of com- tling of militias as called for in the ceasefire agree- batants and members of their families, including those ments; coming from the territory of the Democratic Republic (c) To carry out the disarmament and demobiliza- of the Congo, in liaison with the Government of that tion portions of the national programme of disarma- country and the United Nations Organization Mission ment,demobilizationandreintegrationofcombatants; in the Democratic Republic of the Congo, and with (d) To monitor the quartering of the Armed Forces particular attention to the specific needs of women of Burundi and their heavy weapons, as well as the dis- and children;

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8. Requests the Secretary-General, through his Spe- ceed as well, in parallel, with the restructuring of the cial Representative for Burundi, to conduct all the ac- armed forces and the internal security forces; tivities of the United Nations system in Burundi and to 17. Reaffirms also the continued need to promote facilitate the coordination with other national, re- peace and national reconciliation and to foster ac- gional and international actors, in particular the Afri- countability and respect for human rights in Burundi, can Union, of activities in support of the transition and urges the Government of Burundi, specialized process, while ensuring that ONUB personnel give agencies, other multilateral organizations, civil society special attention to issues related to gender equality, as and Member States to accelerate their efforts to estab- well as to the specific needs of children; lish the Truth and Reconciliation Commission, as pro- 9. Also requests the Secretary-General to conclude vided for in the Arusha Agreement; agreements with States neighbouring Burundi to en- 18. Expresses its deep concern over the illicit flow of able ONUB forces to cross their respective borders in arms to armed groups and movements, in particular pursuit of armed combatants, as may be necessary those which are not parties to the peace process under while carrying out their mandate; the Arusha Agreement, calls upon all States to halt that 10. Requests the Transitional Government of Bu- flow without prejudice to the Burundian national rundi to conclude a status-of-forces agreement for army and police forces whose integration is in pro- ONUB with the Secretary-General within thirty days gress, and expresses its intention to consider this issue of the adoption of the present resolution, taking into further as soon as possible after the deployment of consideration General Assembly resolution 58/82 of ONUB; 9 December 2003 on the scope of legal protection 19 . Urges the international financial institutions under the Convention on the Safety of United Nations and the donor community to continue to contribute to and Associated Personnel, and notes that, pending the the economic development of Burundi, in particular conclusion of such an agreement, the model status-of- for the long term, including through the realization of forces agreement for peacekeeping operations of 9 Oc- pledges already made, to enable that country to tober 1990 shall apply provisionally; achieve sustainable stability, and in order also to con- 11. Requests all parties to cooperate fully with the tribute to the wider stability of the region; deployment and operations of ONUB, in particular by 20. Requests the Secretary-General to ensure that ensuring the safety and freedom of movement of his Special Representatives for Burundi and for the United Nations and associated personnel, as well as the Democratic Republic of the Congo coordinate the ac- personnel of humanitarian, development and aid or- tivities of ONUB and the United Nations Organiza- ganizations, throughout the territory of Burundi; tion Mission in the Democratic Republic of the Congo, share military information at their disposal, in particu- 12. Recalls its resolution 1502(2003) of 26 August lar concerning cross-border movements of armed ele- 2003, reaffirms the obligation of all parties to comply ments and arms trafficking, and pool their logistic and fully with the rules and principles of international hu- administrative resources, to an extent that does not manitarian law applicable to them related to the pro- affect the ability to carry out their respective mandates, tection of humanitarian and United Nations person- in order to maximize efficiency and cost-effectiveness; nel, and urges all those concerned to allow full, 21. Decides that ONUB shall carry out its mandate unimpeded access by humanitarian personnel to all in close cooperation with the Mission, in particular people in need of assistance as set forth in applicable concerning monitoring and prevention of movements international humanitarian law; of combatants across the border between Burundi and 13 . Requests all parties and concerned States to facil- the Democratic Republic of the Congo, as well as the itate the voluntary, safe and sustainable return of refu- implementation of the disarmament and demobiliza- gees and internally displaced persons, and to co- tion programmes; operate fully to this end with ONUB and the relevant 22. Requests the Secretary-General to keep the international organizations; Council informed on a regular basis of developments 14 . Underlines the need for ONUB to have at its dis- in the situation in Burundi, the implementation of the posal an effective public information capacity, includ- Arusha Agreement and the execution of the mandate ing through local and national radio, television and of ONUB and to submit a report on those develop- newspaper channels, to promote understanding of the ments every three months, including an evaluation of peace process and the role of ONUB among local com- the strength of the military component, with a view to munities and the parties; its adjusted reduction, taking account of the progress 15. Stresses the importance of the full and uncondi- made on the ground and the tasks remaining to be ac- tional implementation of the Arusha Agreement, and complished; demands that all parties fulfil their obligations under 23. Decides to remain actively seized of the matter. that agreement in order to allow the electoral process, in particular the legislative elections, to take place be- Appointments. The Secretary-General, on 24 fore 31 October 2004; May [S/2004/433], informed the Security Council 16. Reaffirms the need for all parties to complete in of his intention to appoint Carolyn McAskie a timely manner the execution of the programme for (Canada) as his Special Representative for Bu- the regrouping and cantonment of combatants and to rundi and Head of ONUB, replacing Berhanu begin implementing as soon as possible the pro- gramme to dismantle all armed groups, including the Dinka (Ethiopia). The Council took note of the militias, and the disarmament, demobilization and re- appointment on 28 May [S/2004/434]. Similarly, on integration programme, giving particular attention to 16 July [S/2004/583], the Secretary-General in- the specific needs of women and children, and to pro- formed the Council of his nomination of Major

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General Derrick Mbuyiselo Mgwebi (South Af- tive summit to extend the deadline for rica), formerly AMIB Force Commander, as ONUB PALIPEHUTU-FNL to join the peace process by Force Commander. The Council took note of three months and to impose restrictions on the that information on 21 July [S/2004/584]. movements of its members. Communications (May and July). In a state- At its twenty-second summit meeting (Dar es ment forwarded to the Security Council on 28 Salaam, 18 August) [S/2004/665], the Regional May [S/2004/448], the EU welcomed the establish- Peace Initiative took note of the consultations on ment of ONUB and called on PALIPEHUTU-FNL to power-sharing held in Pretoria and Bujumbura seize the opportunity for peace. It encouraged between the Burundi parties, and endorsed the the Regional Peace Initiative on Burundi (see power-sharing agreement concluded in Pretoria below), in particular Uganda, the United Repub- on 6 August as the appropriate mechanism for lic of Tanzania and South Africa, to continue the ensuring ethnic balance. It endorsed their ac- efforts to support the transition in Burundi. In knowledgement that the provisions of the another statement of 19 July [S/2004/608], the EU Arusha Agreement be incorporated in the Bu- reiterated its support, particularly regarding fi- rundi constitution and in all other relevant legis- nancial support, for the disarmament, demobili- lation. It invited the Transitional Government to zation and reintegration process and the reform ensure that the Independent Electoral Commis- of the defence and security forces of Burundi. It sion was in place by 29 August and that the Na- called for the electoral process to be set in motion tional Assembly decide on the draft constitution and considered that the urgent establishment of three weeks later, failing which it should be sub- the Independent National Electoral Commis- mitted to a referendum or to the Implementation sion, the adoption of the electoral code and com- Monitoring Committee. munal law, and the adoption of the post-transi- The summit condemned the terrorist attack tion constitution would start the process rapidly against the UN refugee camp in Gatumba, Bu- and definitively. rundi, on 13August (see below). In the light of re- cent incidents and of the refusal of PALIPEHUTU- Regional Peace Initiative FNL to renounce violence and participate in the The Great Lakes Regional Peace Initiative on peace process, the summit declared PALIPEHUTU- Burundi, at its twenty-first summit (Dar es Sa- FNL a terrorist organization. laam, 5 June), discussed the elections scheduled for October and the non-participation of Gatumba massacre PALIPEHUTU-FNL in the peace process. In a com- On 14 August [S/2004/652], Rwanda issued a muniqué transmitted on 8 June [S/2004/471], the communiqué expressing its shock and horror at summit directed that the electoral process start the massacre of more than 150 Congolese without further delay with a view to holding Banyamulenge refugees at the UNHCR transit elections by 31 October, as stipulated in the camp at Gatumba on the night of 13 August. In- Arusha Agreement, and mandated the Facilita- formation available indicated that the attack was tor, Deputy President Zuma, to help the Govern- perpetrated by a combined force of ex-FAR/ ment and the Burundi parties to reach a compro- Interahamwe and Mayi-Mayi from the DRC,inco- mise on outstanding issues relating to power- operation with PALIPEHUTU-FNL elements. sharing. Noting that the continued intransigence Rwanda added that, during and following of PALIPEHUTU-FNL posed an obstacle to the the May/June events in Bukavu (see p. 124), peace process, the summit urged the AU Peace Banyamulenge refugees in Rwanda and Burundi and Security Council to recommend appropriate affirmed that they had fled targeted massacres political and legal action within three months against them by DRC armed forces under the and called on PALIPEHUTU-FNL to take advantage command of Mbuza Mabe, acting in concert with of that time period and join the peace process. It ex-FAR/Interahamwe. Rwanda expressed concern decided to impose restrictions on the movement that for 10 years the international community re- of that group’s leaders and invited the interna- fused to disarm the ex-FAR/Interahamwe, the tional community to do likewise. The summit force that committed the genocide in Rwanda, or mandated the Chairperson of the Regional Ini- to take any decisive action against them. Rwanda tiative, Ugandan President Yoweri Museveni, to again called on the international community to approach the United Nations for assistance in take action against the incipient ethnic cleansing providing protection services for Burundi lead- in the region, especially in eastern DRC. It called ers who requested it. for the forcible disarmament, demobilization The AU Peace and Security Council, at its and repatriation of the ex-FAR/Interahamwe cur- twelfth meeting (Addis Ababa, 4 July) [S/2004/ rently deployed along Rwanda’s border and in 561], endorsed the decision of the Regional Initia- many cases co-located with DRC armed forces.

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As the Secretary-General reported in his 25 Peace Initiative’s decision (see p. 149) to declare August report [S/2004/682] (see p. 151), the massa- PALIPEHUTU-FNL, which had claimed responsi- cre occurred after a period of escalating tension bility for the massacre, a terrorist organization, in Bujumbura Rurale, while other areas of the and urged the United Nations and the AU to rein- country were relatively stable. The instability in force that position. It also supported the proposal the area ignited with the Gatumba massacre. An to conduct an international investigation into the investigation of the event by the United Nations massacre. yielded inconclusive results (see below). Reports on investigation into massacre. On 3 September [S/2005/6], the Security Council re- SECURITY COUNCIL ACTION (August) ceived a preliminary oral report on the ongoing On 15 August [meeting 5021], following consulta- investigation, conducted by MONUC, ONUB and tions among Security Council members, the Pres- OHCHR, of the massacre committed in the refu- ident made statement S/PRST/2004/30 on be- gee camp at Gatumba. Council members, reaf- half of the Council: firming their condemnation of the attack on de- The Security Council condemns with the utmost fenceless refugees, expressed their expectation firmness the massacre of refugees from the Demo- that they would soon receive a final report on the cratic Republic of the Congo which occurred on the investigation. territory of Burundi, in Gatumba, on 13 August On 15 October [S/2004/821], the Secretary-Gen- 2004. The Council requests the Special Representative eral transmitted to the Council the joint report of the Secretary-General for Burundi, in close con- on the Gatumba massacre (see above), as it had tact with the Special Representative of the Secretary- requested in presidential statement S/PRST/ General for the Democratic Republic of the Congo, 2004/30 (see above). According to the report, de- to establish the facts and report on them to the Coun- spite an extensive investigation, the UN team was cil as quickly as possible. unable to conclusively identify who authorized, The Council calls upon the authorities of Burundi financed or carried out the killings. Neverthe- and of the Democratic Republic of the Congo to co- less, sufficient information was collected to war- operate actively so that the perpetrators and those re- sponsible for those crimes can be brought to justice rant further investigation. Evidence pointed to without delay. PALIPEHUTU-FNL, the only group claiming re- The Council calls upon all States in the region to sponsibility, as probably having participated in ensure that the territorial integrity of their neigh- the massacre but unlikely to have done so on its bours is respected. It recalls in this respect the decla- own. Evidence of other groups’ participation was ration of principles on good-neighbourly relations credible but could not be confirmed. The attack, and cooperation adopted in New York on 25 Septem- apparently ethnically and politically motivated, ber 2003. It encourages them to redouble their efforts in order to provide security for the civilian targeted Banyamulenge refugees from the DRC populations on their territory, including for the for- who had fled fighting there in June. The eigners to whom they grant refuge. Banyamulenge were viewed as pro-Rwanda by The Council requests the United Nations Opera- many, even though they participated on both tion in Burundi and the United Nations Organiza- sides of the fighting in June. The Governments tion Mission in the Democratic Republic of the of Burundi and Rwanda, as well as the Congo to offer their assistance to the Burundian and Munyamulenge Vice-President of the DRC, Congolese authorities with a view to facilitating the investigation and to strengthening the security of charged that the refugees were killed by an alli- vulnerable populations. ance of anti-Tutsi groups based in eastern DRC, which might have included elements of FARDC, Communications. The AU Peace and Security members of a Rwandan Hutu rebel group partly Council, at its fifteenth meeting (Addis Ababa, 17 composed of ex-FAR/ Interahamwe and Mayi- August) [S/2004/656], condemned the massacre Mayi. The UN team investigated all leads but was and stressed the need to establish the Joint DRC/ unable to find conclusive evidence. Rwanda Verification Mechanism. The Council The massacre was committed at a critical mo- recalled its decision of 4 July calling for an exam- ment in the peace processes in both the DRC and ination of PALIPEHUTU/FNL activities and reiter- Burundi and threatened to scuttle both. Infor- ated its appeal to AU member States to impose, mation suggesting the potential involvement of with immediate effect, restrictions on the move- one or more actors in the DRC warranted a contin- ment of their leaders and members, as recom- uation of the investigation. The team collected mended by the twenty-first summit of the Re- sufficient information about the crime to recom- gional Peace Initiative (see p. 149). mend a thorough judicial inquiry at both the na- The Fourteenth Ministerial Conference of the tional level, led by Burundi, and the international Non-Aligned Movement (Durban, South Africa, level, led by the International Criminal Court 19 August) [S/2004/694] supported the Regional (ICC).

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The team recommended that the Council en- having a 30 per cent minimum representation of courage the immediate initiation of national and each ethnic group. The Tutsi parties argued that, international judicial proceedings to ensure that to be fairly represented in legislative bodies, at the authors and perpetrators of the killings were least 70 per cent of the 40 per cent of the seats re- identified, prosecuted and brought to justice, served for them had to be occupied by Tutsis rep- and that Burundi should seek international tech- resenting Tutsi-led parties and the remaining 30 nical assistance for the investigation and should per cent by Tutsis representing parties with a be able to rely on the full cooperation of the DRC Hutu majority. The Hutu-dominated parties op- and Rwanda. Burundi should also immediately posed those amendments. At an 18-21 July meet- invoke the jurisdiction of ICC. In view of the polit- ing, the Facilitation stressed that the agreements ical instability in the region, Governments and should be adhered to, a position accepted by the others in the region should be called on to exer- Hutu parties but rejected by the Tutsis. In July, cise restraint in their declarations concerning the Vice-President Alphonse Kadege of the Tutsi- massacre. Burundi should also be requested to dominated UPRONA party denounced the discus- immediately take all measures necessary to pro- sions as favouring the Hutu parties. tect refugee and internally displaced popula- To break the deadlock, the Facilitation, in co- tions. ordination with ONUB, invited all armed political Burundi, reacting to the report on 29 October parties and movements to Pretoria for consulta- [S/2004/867], said that it was conducting an investi- tions on 4 and 5 August. CNDD-FDD (Nkurunziza) gation and intended to release its own report declined to participate. The talks ended with 20 shortly. It pointed out and gave examples of predominantly Hutu parties agreeing to the omissions, confused interpretations of facts and power-sharing formula suggested by the Facilita- assertions that were contrary to stated facts in the tion and 11predominantly Tutsi parties rejecting UN report. It declared its intention to pursue a it. However, the Hutu parties made the conces- thorough judicial investigation at the national sion to increase by 21 the number of seats for mi- and subregional levels with the cooperation of nority groups in the National Assembly. Mean- the DRC and Rwanda to bring the culprits to jus- while, efforts continued to convince CNDD-FDD tice and would refer the matter to ICC. representatives to occupy the seats reserved for them in the National Assembly, the Senate and Further political developments the Cabinet, which they refused to do in protest Report of Secretary-General (August). On 25 against the presence of former army officers in August [S/2004/682], the Secretary-General issued the National Assembly. On 27 July, after a meet- his first report on ONUB, covering developments ing with the President, CNDD-FDD (Nkurunziza) since his 16 March report (see p. 143). agreed to resume its activities in the National During the reporting period, the Burundian Assembly and the Cabinet, but no agreement was parties engaged in intense negotiations on the reached on its participation in the Senate. electoral process and post-transitional power- On 28 May, the Cabinet agreed to postpone the sharing arrangements. On 26 March, President elections by one year on technical grounds, which Ndayizeye invited 27 armed political parties and was rejected by CNDD-FDD (Nkurunziza) and the movements to an all-party forum to discuss the Front for Democracy in Burundi (FRODEBU), but election and legal instruments to govern Bu- welcomed by the Union for National Progress, rundi in the post-transition period, but no con- Burundi (UPRONA). ONUB encouraged the par- sensus was reached. Thereafter, the Facilitation ties to separate the technical aspects of the elec- (South Africa) met with those organizations five toral process from the political negotiations in times from April to July in Bujumbura and Preto- order to move the process along. The Indepen- ria. The Secretary-General’s Special Representa- dent Electoral Commission was established on tive also worked closely with the Facilitation and 5 August, but the five commissioners had not the parties to move the process forward. The been nominated or approved. Tutsi parties called for revisions to the Arusha The Special Representative worked with the Agreement and subsequent agreements, particu- Facilitation and others concerned to build confi- larly to provide for an alternating presidency be- dence between the Transitional Government and tween Hutu and Tutsi parties; one (Tutsi) Vice- FNL. The latter offered to cease fire if certain President with veto power, instead of two from conditions were met, including the return of different ethnic groups, as called for in the CNDD-FDD to its cantonment areas and the con- Arusha Agreement; and a 10-year interim period finement of the Burundian Armed Forces to bar- between the transition and full democracy, in- racks. The Transitional Government rejected the stead of five. By law, political parties were re- offer but did indicate its willingness to engage in quired to be ethnically mixed, with every party formal ceasefire negotiations at a later date. In

YUN04—6th proofs / OF July 24 2006 152 Political and security questions the meantime, tensions in Bujumbura Rurale es- Bujumbura, which would be built up to battalion calated, culminating in the massacre at the strength. Daily patrols began in Bujumbura Gatumba refugee camp on 13August (see p. 149). Rurale and some 100 military observers were de- President Ndayizeye, at a meeting with the Spe- ployed to field sites, mostly in Bujumbura cial Representative on 15 August, expressed con- Rurale, where they encountered some difficul- cern about a possible alliance of FNL, Congolese ties with freedom of movement. A maritime unit Mayi-Mayi and ex-FAR/Interahamwe forces. patrolled Lake Tanganyika. In other developments, the Implementation In his observations, the Secretary-General Monitoring Committee, meeting in April (20-23) called on Burundi, the DRC and the international and again in July (12-14) under the Chairman- community to ensure that those responsible for ship of the Special Representative, urged the the Gatumba massacre were held responsible. He adoption of the necessary legislation for the elec- expressed concern about the possibility of height- toral process and the fulfilment of the disarma- ened ethnic tensions in Burundi following the ment, demobilization and reintegration process. massacre, and urged those Governments and It urged the parties to set up the Electoral Com- Rwanda to work together to end ethnic-based hos- mission and decided that, if the parties failed to tilities that had afflicted the subregion for so long. agree on a post-transition constitution by 31 July, Noting that the negotiations on post-transition it would, in accordance with the Arusha Agree- power-sharing had shown signs that the parties ment, hire experts to draft the document. were willing to find common ground to imple- With regard to military integration, the Joint ment the Arusha timetable and preserve peace, Ceasefire Commission endorsed, on 17 June, an he called on them to continue in that direction. operations plan for the pre-disarmament, dis- He also noted that the parties had yet to demon- armament and demobilization of combatants, strate the good faith and political will necessary which was approved by the Cabinet, but the Gov- to fulfil their commitments to each other and to ernment still had to prepare an operational plan the Security Council. for the integration, demobilization and reform of Communication (September). The EU,ina the military and a budget to support that process. statement issued on 6 September [S/2004/737], wel- Belgium, France, the Netherlands and the comed Burundi’s establishment of an Indepen- United Kingdom contributed to the integrated dent Electoral Commission which would play the training of combatants from the various armed leading role in the organization of local, regional, political parties and movements. As to the imple- parliamentary and presidential elections. Its cre- mentation of the disarmament, demobilization ation made it possible to proceed with the adop- and reintegration programme, technical prepa- tion of a new constitution and electoral laws. The rations were moving forward and a demobiliza- EU also welcomed the law creating the Truth and tion centre was set up. Members of various Reconciliation Commission and expressed its groups were assembled in 12 pre-disarmament willingness to assist Burundi in the organization assembly areas throughout the country, but the of elections. Burundian Armed Forces had not begun canton- Security Council communiqué. At a closed ing its troops, on the grounds that their deploy- meeting held on 23 September [meeting 5042], the ment was required because of ongoing hostilities Security Council heard a briefing by Burundian with FNL (Rwasa). Although funding was avail- President Ndayizeye, who, according to the able for demobilization and reintegration, prima- Council President, in his summary of the Coun- rily through the World Bank, the lack of an oper- cil’s activities in September [S/2005/6], informed ational plan remained a concern. Efforts were the Council of the latest developments in Bu- also under way to enhance the functioning of the rundi, including the adoption of a draft constitu- local police. tion and the decision of the Transitional Govern- ONUB’s police component had begun assess- ment to hold a referendum on the draft ing the current police structure, analysing the constitution. Council members encouraged the training required and assisting in the formula- President to continue to work for a successful con- tion of a comprehensive plan for security ar- clusion of the transition. rangements during the elections. The deployment of ONUB, which totalled 3,312 Extension of transitional period troops as at 23 August, was behind schedule due The twenty-third summit of the Great Lakes primarily to lack of donor response, particularly Regional Peace Initiative on Burundi (Nairobi, 15 for the maritime unit and the “over-the-horizon” October) [S/2004/894] welcomed the progress force proposed by the Secretary-General (see made by the Transitional Government, specifi- p. 145). The mission sent a battalion each to cally the establishment of the Independent Gitega and Bubanza, and a company remained in Electoral Commission, the adoption of the draft

YUN04—6th proofs / OF July 24 2006 Africa 153 post-transitional constitution, and President armament needed to proceed without delay, so Ndayizeye’s announcement of 20 October as the that armed groups could become eligible to reg- date of the referendum on the post-transitional ister as political parties before the elections. De- constitution. Based on the reality on the ground, mobilization and integration should proceed for the summit accepted that elections could not take the creation of integrated security services, and place before 1 November, and it endorsed the In- the issue of the proliferation of arms should be dependent Electoral Commission’s electoral cal- addressed to ensure security for elections. The endar, which rescheduled the constitutional ref- question of FNL (Rwasa), which remained outside erendum for 26 November, local elections the peace process, would have to be resolved. (COLLINE) on 9 February 2005, commune coun- On 20 October, the President, after consulta- cil elections on 23 February 2005, National As- tions, signed a law declaring the draft constitu- sembly elections on 9 March 2005, Senate elec- tion, adopted on 17September, to be the interim tions on 23 March 2005 and the presidential constitution until the referendum was held. After election on 22 April 2005. As a consequence, the some initial refusals, 9 of the 10 Tutsi-dominated summit noted that the life of the transition insti- G-10 parties accepted the interim constitution. tutions and administration had to be extended. It However, some prominent Tutsi leaders, includ- noted that that issue was addressed in the draft ing the Vice-President, Alphonse Kadege, contin- constitution passed by the National Assembly ued to call for a debate on the proposed constitu- and the Senate. The summit decided that the tion. Mr. Kadege was later dismissed by the draft constitution should be endorsed before 25 President. The tenth party, PARENA, did not parti- October 2004, as an interim constitution until the cipate in the political process and refused to pro- referendum, to facilitate the election process in nounce itself on the matter. line with the calendar of the Independent Elec- UNDP and ONUB estimated that $23 million toral Commission. The summit also decided that was required to fund the electoral process, in- the region should assist Burundi to secure the fi- cluding the constitutional referendum, of which nancial resources required for elections by ensur- $19.5 million had been pledged but only $1.87 ing that the donors who had pledged funds met million had been received. their obligations. Burundi, in its 8 November letter transmitting The military situation remained generally sta- the summit’s communiqué, reported that the ble, with the exception of three western provinces, Congress had approved the interim constitution, Bujumbura Rurale, Cibitoké and Bubanza, where which came into force on 1 November. In addi- frequent clashes occurred between FAB/CNDD- tion, the President had appointed the provincial FDD and RNL (Rwasa). The hostilities caused tem- electoral committees, which worked under the porary displacements of the local population. authority of the Independent Electoral Commis- Crime, which was on the rise, was characterized sion. According to the Chairman of that Com- by indiscriminate and opportunistic incidents, mission, the electoral timetable was provisional including organized crime. On 26 September, a and adherence to those dates would depend on United Nations Volunteer was murdered in Bu- the security situation in the country. Moreover, jumbura, the first civilian casualty in the mission. the holding of the constitutional referendum The instability in eastern DRC continued to con- would also depend on such factors as availability tribute to increased tensions in Burundi. In mid- of resources for a census and the manufacture of October, roughly 3,000 Burundians, mostly Tutsis, identification cards and voting cards. citing fear of election-related violence, crossed into Rwanda, which prompted UPRONA to accuse CNDD-FDD (Nkurunziza) of conducting a “terror Situation at end of year campaign”. More than half had returned a month The Secretary-General, in his 15November re- later. port on ONUB [S/2004/902], which covered events In order to speed up disarmament, training of since 25 August, said that the reporting period combatants to form joint security brigades be- was marked by major developments in the last gan. On 23 September, 1,000 FAB and 800 CNDD- few months of the original 36-month transitional FDD (Nkurunziza) elements completed a month- period, which ended on 31 October. Among the long training programme and were deployed to remaining challenges were the adoption of key replace the Burundian Armed Forces units in legislation, including the communal law, repeal Bujumbura Rurale. The five smaller armed par- of the law banning assembly, and laws governing ties and political movements had not yet begun the establishment of the new military and participating, pending an agreement with the security forces, and the adoption of a new elec- Transitional Government on selection criteria toral code before elections could be held. Dis- and disarmament procedures.

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An estimated 12,000 combatants were ex- dicial commission of inquiry be established to pected to be demobilized before elections in support the fight against impunity, and that the April 2005, but disagreements on procedure for draft legislation on the national Truth and Rec- integration and reform prevented disarmament onciliation Commission had been adopted by the and demobilization from starting. However, Parliament. The mission also heard that the there was agreement on the demobilization of security situation had improved. With the excep- child soldiers by the end of 2004. Despite the tion of Bujumbura Rurale, most of the country political problems, most of the technical prepara- was considered stable. As in previous Council vis- tions for disarmament, demobilization and rein- its to the country, the interlocutors appealed for tegration were completed, including the estab- help in overcoming the dire poverty facing the lishment of three demobilization centres and country, which was a root cause of the conflict. arrangements to supply them. The Transitional The mission recommended that the Council Government and ONUB had prepared a disarma- consider the issue of FNL, with a view to ascertain- ment, demobilization and reintegration plan. As ing what additional measures could be taken at 18 October, 20,979 members of the armed pol- against those in the movement who compro- itical parties and movements had been assembled mised the peace process; consider the feasibility in 12 pre-disarmament assembly areas monitored of establishing an international judicial commis- by ONUB. All the parties provided the Joint sion of inquiry; and urge donor countries to dis- Ceasefire Commission with lists of their combat- burse financial aid and extend technical assist- ants, which were being verified by the joint liai- ance to Burundi. It also recommended the son teams. The Council of Ministers adopted a extension of ONUB’s mandate. decree on the formation, organization and man- Security Council consideration. The Council date of the National Burundian Police. considered the mission’s report on 30 November The Secretary-General reported that overall, [meeting 5091] and 8 December [meeting 5096], and steady progress had been observed in the peace heard presentations by the head of the mission, process, especially with regard to the extension of who noted that the framework for the end of the the transition and the establishment of a clear transition and the post-transition period had electoral calendar, thereby averting a constitu- largely been agreed and a referendum on the tional crisis. Major political and social tensions in constitution was set for 22 December. As in the the country remained, however, fuelled by mis- DRC, the mission was encouraged by what it had trust between the parties. Having made major seen, despite remaining difficulties, which political achievements in the last six months, Bu- should not be underestimated. In Burundi, the rundi found itself at the beginning of a dynamic process was more on track; it was currently a but potentially volatile electoral process. In the question of will and determination. Burundi light of the progress, and in view of the remain- faced the problem of FNL receiving support in ing priorities of the transition, he recommended the DRC from the ex-FAR/Interahamwe. that ONUB’s mandate be extended for an addi- tional six months, until 31 May 2005. SECURITY COUNCIL ACTION (December) Report of Security Council 2004 mission. On 1 December [meeting 5093], the Security The Security Council mission to the Great Lakes Council unanimously adopted resolution 1577 region (21-25 November) (see p. 115),in its report (2004). The draft [S/2004/930] was prepared in con- to the Council [S/2004/934], said that it was greatly sultations among Council members. impressed by the progress made in the peace pro- cess in Burundi and expressed its support for the The Security Council, transitional process based on the principles of Recalling its resolution 1545(2004) of 21 May 2004 dialogue, power-sharing and reconciliation. Wel- and the statement by its President of 15 August 2004, Reaffirming its strong commitment to the respect of the coming the decision on extension of the transi- sovereignty, independence, territorial integrity and tional process, the mission expressed concern unity of Burundi, and recalling the importance of over delays encountered in the critical areas of the principles of good-neighbourliness and non- the adoption of the electoral code and the com- interference, and of regional cooperation, mune act, essential prerequisites for the elec- Reaffirming its full support for the process of the tions, and in progress in disarmament, demobili- Arusha Peace and Reconciliation Agreement for Bu- zation and reintegration in order to create rundi signed at Arusha, United Republic of Tanzania, conditions for holding elections. on 28 August 2000 (hereinafter “the Arusha Agree- ment”), calling upon all the Burundian parties to hon- In discussions with Burundian leaders, the our fully their commitments, and assuring them of its mission emphasized the need to ensure stability determination to support Burundi’s efforts to bring in the post-transition period. It noted the call by the transition to an end successfully through the hold- many of its interlocutors that an international ju- ing of free and fair elections,

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Welcoming the positive achievements that have been 3. Calls upon the Governments of the Democratic made so far by the Burundian sides, including since Republic of the Congo and of Rwanda to cooperate the deployment of the United Nations Operation in unreservedly with the Government of Burundi to en- Burundi on 1 June 2004, sure that the investigation into the Gatumba massacre Welcoming in particular the agreement signed by the is completed and that those responsible are brought to Burundian parties at Pretoria on 6 August 2004, and justice; the subsequent adoption by the Parliament of an in- 4. Requests the United Nations Operation in Bu- terim Constitution, on 20 October 2004, which pro- rundi and the United Nations Organization Mission in vides guarantees for all communities to be represented the Democratic Republic of the Congo to continue to in the post-transition institutions, provide their assistance, within their mandates, to the Encouraging all Burundian parties to continue their Burundian and Congolese authorities, with a view to dialogue in a spirit of compromise, in particular dur- facilitating the completion of the investigation into the ing the campaign to explain the interim Constitution Gatumba massacre and strengthening the security of and the drawing-up of the electoral code, with a view vulnerable populations; to a lasting political solution, 5. Deeply troubled by the fact that the Parti pour la Recalling that there is no alternative to the holding libération du peuple hutu-Forces nationales de of elections as provided for by the Arusha Agreement, libération of Mr. Agathon Rwasa has claimed responsi- and calling upon the transitional authorities to carry bility for the Gatumba massacre, expresses its inten- through the electoral process scheduled to take place tion to consider appropriate measures that might be until 22 April 2005, taken against those individuals who threaten the peace Paying tribute to the efforts made by the States of the and national reconciliation process in Burundi; Regional Peace Initiative on Burundi, especially Uganda and the United Republic of Tanzania,and the 6. Requests the Secretary-General to keep it in- Facilitation, in particular South Africa, to support the formed on a regular basis of developments in the situa- peace process in Burundi, and encouraging them to tion in Burundi, the implementation of the Arusha continue to accompany the efforts of the Burundian Agreement, the execution of the mandate of the parties, United Nations Operation in Burundi and the action Encouraging the international donor community to taken by the Burundian authorities following the rec- respond to requests from the Government of Burundi ommendations of the Council in the fight against im- to strengthen its national judicial institutions and rule- punity, and to submit a report on those developments of-law capacity, every three months; Condemning all acts of violence as well as violations 7. Decides to remain actively seized of the matter. of human rights and international humanitarian law, Reiterating its strong condemnation of the Gatumba Further developments. Despite slippages in massacre, and reaffirming that perpetrators of such the electoral calendar, there was some progress at crimes must be brought to justice, the end of the year in the preparation for the ref- Taking note of the joint report of the United Nations erendum on the constitution and elections Operation in Burundi, the United Nations Organiza- tion Mission in the Democratic Republic of the Congo [S/2005/149]. Voter registration commenced on 20 and the Office of the United Nations High Commis- November and lasted until the end of the month, sioner for Human Rights regarding the Gatumba mas- with extensive logistical support mobilized by sacre on 13 August 2004, and taking note also of the ONUB, including transport of registration and statement by the Government of Burundi of 29 Octo- electoral materials to all 17 provinces. In total, ber 2004 and of its commitment to bring its investiga- 3,134,116 Burundians registered to vote, esti- tion into the Gatumba massacre to a prompt conclu- mated to represent, by province, from 60 to 90 sion, with international support as appropriate, Taking note also of the report of the Secretary- per cent of those eligible. General of 15 November 2004, The Implementation Monitoring Committee, Noting that obstacles remain to Burundi’s stability, at its twenty-fourth session (17December), called and determining that the situation in that country con- on the Government to finalize an electoral code tinues to constitute a threat to international peace and and communal law and to collaborate on issues security in the region, of military rank harmonization within the con- Acting under Chapter VII of the Charter of the United Nations, text of the overall security sector reform/ 1. Decides that the mandate of the United Nations demobilization, disarmament and reintegration Operation in Burundi, as defined in resolution programme. On 2 December, President Ndayizeye 1545(2004), shall be extended until 1 June 2005; launched the disarmament and demobilization 2. Urges all the Governments and parties con- process in Muramvya, and on 31 December, cerned in the region to denounce the use of and incite- signed a decree consolidating the combatants ment to violence, to condemn unequivocally violations of the six armed political parties and movements of human rights and of international humanitarian located in the 12 pre-disarmament assembly law, and actively to cooperate with the United Nations Operation in Burundi and the United Nations Organi- areas into five cantonment sites, which paved the zation Mission in the Democratic Republic of the way for the transformation and subsequent regis- Congo and with efforts of States aimed at ending im- tration of the armed political parties and move- punity; ments.

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Ad Hoc Advisory Group. The Economic and Mindful of the fact that it is essential to provide the Social Council’s Ad Hoc Advisory Group on Bu- Operation with the necessary financial resources to rundi, established in 2003 to examine the hu- enable it to fulfil its responsibilities under the relevant resolution of the Security Council, manitarian and economic needs of the country, 1. Expresses concern at the financial situation with re- issued a report in February [S/2004/11] and made gard to peacekeeping activities, in particular as re- recommendations in April [S/2004/266] on action gards the reimbursements to troop contributors that to be taken by both the Economic and Social bear additional burdens owing to overdue payments Council and the Security Council. After consid- by Member States of their assessments; ering the reports, the Economic and Social Coun- 2. Also expresses concern at the delay experienced by cil took action on those aspects of the situation in the Secretary-General in deploying and providing ade- quate resources to some recent peacekeeping missions, Burundi in resolution 2004/2 of 3 May (see in particular those in Africa; p. 933) and resolution 2004/60 of 23 July (see 3. Emphasizes that all future and existing peace- p. 934). keeping missions shall be given equal and non- discriminatory treatment in respect of financial and ONUB financing administrative arrangements; The Secretary-General, pending the submis- 4. Also emphasizes that all peacekeeping missions shall be provided with adequate resources for the sion of a full budget for the maintenance of effective and efficient discharge of their respective ONUB, submitted on 24 May [A/58/802] an interim mandates; budget for the period from 21 April to 30 June 5. Reiterates its request to the Secretary-General to and from 1 July to 31 December, which reflected make the fullest possible use of facilities and equip- the preliminary financial requirements of ment at the United Nations Logistics Base at Brindisi, $58,421,400 and $145,267,500, respectively. Italy, in order to minimize the costs of procurement for the Operation; ACABQ,on24May[A/58/811], recommended 6. Endorses the conclusions and recommendations that the Assembly approve a total commitment contained in the report of the Advisory Committee on authority of $156,043,900 to be assessed for Administrative and Budgetary Questions, and requests ONUB, which included commitment authority in the Secretary-General to ensure their full implementa- the amount of $49,709,300, inclusive of an tion; amount of $49,491,200 it had already authorized, 7. Requests the Secretary-General to take all neces- for the period 21 April to 30 June, and the sary action to ensure that the Operation is adminis- amount of $106,334,600 for the period from July tered with a maximum of efficiency and economy; to October. 8. Also requests the Secretary-General, in order to re- duce the cost of employing General Service staff, to continue efforts to recruit local staff for the Operation GENERAL ASSEMBLY ACTION (June) against General Service posts, commensurate with the On 18 June [meeting 91], the General Assembly, requirements of the Operation; on the recommendation of the Fifth Committee Budget estimates for the period [A/58/833], adopted resolution 58/312 without from 21 April to 31 October 2004 vote [agenda item 170]. 9. Authorizes the Secretary-General to establish a Financing of the United Nations special account for the United Nations Operation in Operation in Burundi Burundi for the purpose of accounting for the income The General Assembly, received and expenditure incurred in respect of the Operation; Having considered the report of the Secretary- General on the financing of the United Nations Oper- 10. Also authorizes the Secretary-General to enter ation in Burundi and the related report of the Advi- into commitments for the Operation for the period sory Committee on Administrative and Budgetary from 21 April to 31 October 2004 in a total amount not Questions, exceeding 156,043,900 United States dollars, compris- ing the amount of 49,709,300 dollars for the period Recalling Security Council resolution 1545(2004) of from 21 April to 30 June 2004 for the establishment of 21 May 2004, by which the Council authorized, for an the Operation, inclusive of the amount of 49,491,200 initial period of six months as from 1 June 2004, with dollars previously authorized by the Advisory Commit- the intention to renew it for further periods, the de- tee for the period from 21 April to 30 June 2004 under ployment of a peacekeeping operation called the the terms of section IV of General Assembly resolution United Nations Operation in Burundi, 49/233 A of 23 December 1994, and the amount of Recognizing that the costs of the Operation are ex- 106,334,600 dollars for the period from 1 July to 31Oc- penses of the Organization to be borne by Member tober 2004 for the maintenance of the Operation; States in accordance with Article 17, paragraph 2, of the Charter of the United Nations, Financing of the commitment authority Reaffirming the general principles underlying the fi- 11. Decides to apportion among Member States the nancing of United Nations peacekeeping operations, total amount of 156,043,900 dollars, comprising the as stated in its resolutions 1874(S-IV) of 27 June 1963, amount of 49,709,300 dollars for the period from 3101(XXVIII) of 11 December 1973 and 55/235 of 21 April to 30 June 2004 and the amount of 23 December 2000, 106,334,600 dollars for the period from 1 July to 31Oc-

YUN04—6th proofs / OF July 24 2006 Africa 157 tober 2004, in accordance with the levels set out in Recalling also its resolution 58/312 of 18 June 2004 General Assembly resolution 55/235, as adjusted by on the financing of the Operation, the Assembly in its resolution 55/236 of 23 December Reaffirming the general principles underlying the fi- 2000 and updated in its resolution 58/256 of 23 De- nancing of United Nations peacekeeping operations, cember 2003, taking into account the scale of assess- as stated in General Assembly resolutions 1874(S-IV) ments for 2004, as set out in its resolution 58/1 B of of 27 June 1963, 3101(XXVIII) of 11 December 1973 23 December 2003; and 55/235 of 23 December 2000, 12. Decides also that, in accordance with the provi- Mindful of the fact that it is essential to provide the sions of its resolution 973(X) of 15 December 1955, Operation with the necessary financial resources to there shall be set off against the apportionment among enable it to fulfil its responsibilities under the relevant Member States, as provided for in paragraph 11 above, resolution of the Security Council, their respective share in the Tax Equalization Fund of 1. Takes note of the status of contributions to the 149,400 dollars, representing the estimated staff as- United Nations Operation in Burundi as at 30 Septem- sessment income approved for the Operation for the ber 2004, including the contributions outstanding in period from 21 April to 30 June 2004, and 1,187,900 the amount of 100.3 million United States dollars, rep- dollars, representing the estimated staff assessment in- resenting some 65 per cent of the total assessed contri- come approved for the Operation for the period from butions, notes with concern that only twenty-seven 1 July to 31 October 2004; Member States have paid their assessed contributions 13 . Emphasizes that no peacekeeping mission shall in full, and urges all other Member States, in particu- be financed by borrowing funds from other active lar those in arrears, to ensure payment of their out- peacekeeping missions; standing assessed contributions; 14 . Encourages the Secretary-General to continue to 2. Expresses its appreciation to those Member States take additional measures to ensure the safety and which have paid their assessed contributions in full, security of all personnel under the auspices of the and urges all other Member States to make every possi- United Nations participating in the Operation; ble effort to ensure payment of their assessed contribu- 15. Invites voluntary contributions to the Operation tions to the Operation in full; in cash and in the form of services and supplies accept- 3. Expresses concern at the financial situation with able to the Secretary-General, to be administered, as regard to peacekeeping activities, in particular as re- appropriate, in accordance with the procedure and gards the reimbursements to troop contributors that practices established by the General Assembly; bear additional burdens owing to overdue payments 16. Decides to include in the provisional agenda of by Member States of their assessments; its fifty-ninth session the item entitled “Financing of 4. Also expresses concern at the delay experienced by the United Nations Operation in Burundi”. the Secretary-General in deploying and providing ade- quate resources to some recent peacekeeping missions, On 26 August [A/59/300] the Secretary-General in particular those in Africa; issued the budget for ONUB for the period from 5. Emphasizes that all future and existing peace- keeping missions shall be given equal and non- 1 July 2004 to 30 June 2005, in the amount of discriminatory treatment in respect of financial and $333,174,000.It incorporated and superseded the administrative arrangements; budgetary proposal for ONUB for 1 July to 31 De- 6. Also emphasizes that all peacekeeping missions cember 2004 (see above). shall be provided with adequate resources for the ACABQ, on 5 October [A/59/412], recom- effective and efficient discharge of their respective mended that the total estimated budget require- mandates; ments for that period be reduced to $329,714,400. 7. Reiterates its request to the Secretary-General to make the fullest possible use of facilities and equip- ment at the United Nations Logistics Base at Brindisi, GENERAL ASSEMBLY ACTION (October) Italy, in order to minimize the costs of procurement for On 29 October [meeting 46], the General Assem- the Operation; bly,on the recommendation of the Fifth Commit- 8. Endorses the conclusions and recommendations tee [A/59/528], adopted resolution 59/15 without contained in the report of the Advisory Committee on vote [agenda item 153]. Administrative and Budgetary Questions, subject to the provisions of the present resolution; Financing of the United Nations 9. Authorizes the Secretary-General to fill the fol- Operation in Burundi lowing posts at appropriate grades until 30 June 2005: The General Assembly, Director in the Office of the Special Representative Having considered the report of the Secretary- of the Secretary-General; General on the financing of the United Nations Oper- Political Affairs Officer in the Office of the Special ation in Burundi and the related report of the Advi- Representative of the Secretary-General; sory Committee on Administrative and Budgetary Protocol Officer in the Office of the Special Repre- Questions, sentative of the Secretary-General; Recalling Security Council resolution 1545(2004) of Political Affairs Officer in the Office of the Princi- 21 May 2004, by which the Council authorized, for an pal Deputy Special Representative of the Secretary- initial period of six months as from 1 June 2004, with General; the intention to renew it for further periods, the de- Administrative Assistant in the Office of the Princi- ployment of a peacekeeping operation in Burundi en- pal Deputy Special Representative of the Secretary- titled the United Nations Operation in Burundi, General;

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Deputy Special Representative of the Secretary- Tax Equalization Fund of 3,169,775 dollars, represent- General (Humanitarian and Development Coordi- ing the staff assessment income approved for the nation); Operation for the period from 1 December 2004 to Special Assistant to the Deputy Special Representa- 30 June 2005; tive of the Secretary-General; 17. Emphasizes that no peacekeeping mission shall Principal Legal Adviser; be financed by borrowing funds from other active Chief of the Communications and Public Informa- peacekeeping missions; tion Office; 18. Encourages the Secretary-General to continue to Spokesperson; take additional measures to ensure the safety and and requests the Secretary-General to re-justify these security of all personnel under the auspices of the posts in his next budget with additional information United Nations participating in the Operation; on appropriate grades; 19 . Invites voluntary contributions to the Operation 10. Requests the Secretary-General to take all neces- in cash and in the form of services and supplies accept- sary action to ensure that the mission is administered able to the Secretary-General, to be administered, as with a maximum of efficiency and economy; appropriate, in accordance with the procedure and 11. Also requests the Secretary-General, in order to practices established by the General Assembly; reduce the cost of employing General Service staff, to 20. Decides to keep under review during its fifty- continue efforts to recruit local staff for the Operation ninth session the item entitled “Financing of the against General Service posts, commensurate with the United Nations Operation in Burundi”. requirements of the Operation; Budget estimates for the period On 23 December, the Assembly decided that from 1 July 2004 to 30 June 2005 the agenda item on financing ONUB would re- 12. Decides to appropriate to the Special Account main for consideration during its resumed fifty- for the United Nations Operation in Burundi the ninth (2005) session (decision 59/552). amount of 329,714,400 dollars for the maintenance of the Operation for the period from 1 July 2004 to 30 June 2005, inclusive of the amount of 106,334,600 Rwanda dollars previously authorized by the General Assembly under the terms of its resolution 58/312 for the period Throughout the year, Rwanda and the DRC ex- from 1 July to 31 October 2004; changed charges of interference in each other’s internal affairs. The DRC complained on numer- Financing of the appropriation 13 . Decides, taking into account the amount of ous occasions that Rwanda was supporting mili- 106,334,600 dollars already apportioned by the Gen- tary operations in DRC territory, while Rwanda eral Assembly for the period from 1 July to 31 October alleged that groups opposing its Government 2004 under the terms of its resolution 58/312, to ap- were operating from the DRC. (For further infor- portion among Member States the additional amount mation on the charges concerning DRC territory, of 31,046,400 dollars for the period from 1 July to see section on DRC, above). Rwanda claimed that 30 November 2004, in accordance with the levels set lack of action by the international community, out in General Assembly resolution 55/235, as ad- justed by the Assembly in its resolution 55/236 of and particularly on the part of MONUC peace- 23 December 2000 and updated in its resolution keepers in the DRC, had emboldened its 58/256 of 23 December 2003, taking into account the opponents. scale of assessments for 2004, as set out in its resolu- The year 2004 marked the tenth anniversary of tion 58/1 B of 23 December 2003; the 1994genocide in Rwanda, for which the Gen- 14 . Decides also that, in accordance with the provi- eral Assembly held a solemn commemoration. sions of its resolution 973(X) of 15 December 1955, there shall be set off against the apportionment among Member States, as provided for in paragraph 13 above, Military situation their respective share in the Tax Equalization Fund of Rwanda, on 30 November [S/2004/933],in- 1,076,225 dollars, representing the estimated addi- formed the Security Council of the continued vi- tional staff assessment income approved for the Oper- olation of its sovereignty and territorial integrity ation for the period from 1 July to 30 November 2004; DRC 15. Decides further to apportion among Member by forces operating from the with relative States the amount of 192,333,400 dollars at a monthly impunity. Despite Council action, the ex-FAR/ rate of 27,476,200 dollars for the maintenance of the Interahamwe forces continued to operate from, Operation for the period from 1 December 2004 to and receive supplies in, the territory of another 30 June 2005, in accordance with the scheme set out in State and to recruit and train troops. Eastern DRC paragraph 13 above and taking into account the scale had become a recruiting ground and crucible for of assessments for 2004 and 2005, as set out in its reso- the ideology of hate, destruction and extermina- lution 58/1 B, subject to a decision of the Security tion in the region. Over the previous three Council to extend the mandate of the Operation; 16. Decides that, in accordance with the provisions months, those forces had carried out a series of of its resolution 973(X), there shall be set off against attacks on Rwandan territory, killing people and the apportionment among Member States, as provided destroying property. Intending to complete the for in paragraph 15 above, their respective share in the genocide of 1994 [YUN 1994, p. 282], the forces had

YUN04—6th proofs / OF July 24 2006 Africa 159 also targeted infrastructure vital for Rwanda’s building up the judicial system, among other economy. Recalling recent incidents, including things, while the United Nations International the attack at Gatumba (see p. 149), Rwanda Criminal Tribunal for Rwanda continued to pur- deplored the international community’s lack of sue the perpetrators of the genocide (see p. 1286). reaction, which it claimed had encouraged those The genocide in Rwanda had raised questions groups. Rwanda believed that MONUC should fo- that affected all mankind, and the question re- cus on disarming them, as failure to do so would mained as to whether, confronted by a new increase tension in the region and undermine the Rwanda situation, the response would be effective transitional processes in the DRC and Burundi. and timely. Rwanda stated that the problem of the genocidal General Assembly commemorative meeting. forces was a matter for the Council to resolve. The General Assembly, having designated Since all options for resolving the situation had 7 April as the International Day of Reflection on been rejected by the DRC, Rwanda could not the 1994 Genocide in Rwanda in resolution stand by and see its people attacked, its infra- 58/234 [YUN 2003, p. 154], held a commemorative structure destroyed and destabilization continue. meeting [meeting 82] that day in New York to mark Having lost one million of its citizens in 1994, the tenth anniversary of that tragedy. The meet- Rwanda had a responsibility to protect and ing was addressed by the Presidents of the Gen- defend its people. eral Assembly and the Security Council, the Vice- The Secretary-General, in a 2 December state- President of the Economic and Social Council, ment released by his Spokesman [SG/SM/9631- Rwandan President Paul Kagame, the Deputy- AFR/1076], said that he was disturbed by the in- Secretary-General and Jacqueline Murekatete, a creasing tension between the DRC and Rwanda, survivor of the genocide. particularly by indications of military operations The Assembly President, in his statement, said on DRC territory against ex-FAR/Interahamwe el- that the Assembly shared the hopes and aspira- ements, which Rwanda maintained was a threat tions of the Government and people of Rwanda to its security. He called on Rwanda to refrain in seeking to heal and rebuild a democratic from any military action on DRC territory, which nation, with an overarching vision of economic would disrupt the transitional process in that and social progress for all. The tragedy afforded country, and to work within the established pro- the United Nations the opportunity to confront cess for disarming and repatriating the remain- the issues that could lead to such situations, de- ing ex-FAR/Interahamwe elements still in DRC termine its own shortcomings in Rwanda and territory. The Secretary-General called on the consider what remained to be done to prevent DRC to intensify its efforts to disarm and repatri- genocide in future years. For his part, the ate such elements, and indicated that MONUC was Secretary-General suggested areas for future ac- prepared to activate the Joint Verification Mecha- tivities to prevent genocide. nism for disarming and repatriating those On 8 April [S/2004/310], the EU said that the an- groups. niversary was an occasion for reflection by the in- The Council, in presidential statement ternational community. It was heartened by UN S/PRST/2004/45 (see p. 133), expressed con- efforts to forewarn the world against future geno- cern at reports of military operations by the cide and supported the Secretary-General’s pro- Rwandan army in eastern DRC and demanded posals to prevent genocide, in particular his deci- that Rwanda withdraw without delay any forces it sion to appoint a Special Adviser on the might have in the DRC. The Council noted that Prevention of Genocide (see p. 730). The EU the presence of ex-FAR and Interahamwe ele- pledged to support Rwanda’s recovery. ments in eastern DRC was a source of instability. GENERAL ASSEMBLY ACTION Tenth anniversary of 1994 genocide On 10 December [meeting 71], the General As- In 2004, several events were organized at the sembly adopted resolution 59/137 [draft: A/59/L.45 United Nations to mark the tenth anniversary of & Add.1] without vote [agenda item 39 (a)]. the 1994 genocide in Rwanda [YUN 1994, p. 282]. Canada and Rwanda organized the Memorial Assistance to survivors of the 1994 genocide in Rwanda, particularly orphans, widows and Conference on the Rwanda Genocide (New York, victims of sexual violence 26 March). The Secretary-General, in his ad- The General Assembly, dress, said that the international community had Guided by the Charter of the United Nations and failed Rwanda. However, the United Nations was the Universal Declaration of Human Rights, currently helping the people to recover and rec- Recalling the findings and recommendations of the oncile. It was clearing mines, repatriating refu- independent inquiry commissioned by the Secretary- gees, rehabilitating clinics and schools, and General, with the approval of the Security Council,

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into the actions of the United Nations during the 1994 5. Expresses its appreciation for development assist- genocide in Rwanda, ance and support for the reconstruction and rehabili- Recalling also the report containing the findings and tation of Rwanda after the 1994 genocide, and calls recommendations of the International Panel of Emi- upon Member States to continue to support the devel- nent Personalities commissioned by the Organization opment of Rwanda, inter alia, through programmes of African Unity to investigate the genocide in Rwanda under the poverty reduction strategy; and the surrounding events, entitled “Rwanda: The 6. Requests the Secretary-General, in view of the Preventable Genocide”, critical situation of the survivors of the 1994 genocide Recalling further its resolution 58/234 of 23 Decem- in Rwanda, particularly orphans, widows and victims ber 2003, by which it declared 7 April 2004 the Inter- of sexual violence, to take all necessary and practicable national Day of Reflection on the Genocide in measures for the implementation of the present reso- Rwanda, lution, and to report thereon to the General Assembly Noting decision EX.CL/Dec.154(V) on the report of at its sixtieth session. the Chairperson of the African Union on the com- memoration of the tenth anniversary of the Rwandan genocide, adopted by the Executive Council of the Af- Arms embargo rican Union at its fifth ordinary session, held in Addis On 19 February [S/2004/134], the Security Ababa from 30 June to 3 July 2004, Council Committee established pursuant to reso- Recognizing the numerous difficulties faced by survi- lution 918(1994) [YUN 1994, p. 285] concerning the vors of the 1994 genocide in Rwanda, particularly the arms embargo against Rwanda issued a report orphans, widows and victims of sexual violence, who are poorer and more vulnerable as a result of the geno- covering its activities from 1 January to 31 De- cide, especially the many victims of sexual violence cember 2003. In the absence of a specific moni- who have contracted HIV and have since either died or toring mechanism to ensure implementation of become seriously ill with AIDS, the arms embargo, the Committee repeated its Firmly convinced of the necessity to restore the dig- previous observation [YUN 2002, p. 142] that it relied nity of the survivors of the 1994 genocide in Rwanda, solely on the cooperation of States and organiza- which would help to promote reconciliation and heal- tions in a position to provide information on vio- ing in Rwanda, lations of the arms embargo. During the report- Commending the tremendous efforts of the Govern- ment and people of Rwanda and civil society organiza- ing period, no violations were brought to the tions, as well as international efforts, to provide Committee’s attention. support for restoring the dignity of the survivors, in- cluding the allocation by the Government of Rwanda of 5 per cent of its national budget every year to Central African Republic support genocide survivors, The United Nations Peace-building Support 1. Requests the Secretary-General to encourage the Office in the Central African Republic (BONUCA), relevant agencies, funds and programmes of the United Nations system to continue to work with the established by Security Council presidential state- Government of Rwanda in developing and implement- ment S/PRST/2000/5 [YUN 2000, p. 162],continued ing programmes aimed at supporting vulnerable in 2004 to support the Government’s efforts to groups that continue to suffer from the effects of the return to stability and achieve reconciliation and 1994 genocide, in alleviating poverty, disease and suf- reconstruction, following the 2003 coup d’état fering and in promoting development in Rwanda; [YUN 2003, p. 156]. The political situation in the 2. Invites the relevant agencies, funds and pro- country was marked by progress towards elections, grammes of the United Nations system to continue to develop and implement those programmes, utilizing scheduled for early 2005, which were designed to existing resources and encouraging the mobilization restore constitutional order. The transitional Gov- of additional voluntary contributions; ernment, established in 2003 [YUN 2003, p. 156], 3. Invites agencies, funds and programmes of the adopted a schedule for elections and considered United Nations system to ensure that assistance is pro- a draft constitution, electoral code and laws on pol- vided in the specific areas identified as priorities by itical parties. The draft constitution was approved the Government of Rwanda, notably education for or- by the people of the Central African Republic in a phans, medical care and treatment for victims of sex- referendum on 5 December and work continued ual violence, including HIV-positive victims, trauma and psychological counselling for genocide survivors on the draft legislation. and skills training and microcredit programmes aimed However, the security situation remained pre- at promoting self-sufficiency and alleviating poverty; carious, with acts of violence, including sum- 4. Encourages all Member States to seriously con- mary executions, armed robbery and roadblocks sider promoting the implementation of the recom- continuing to occur, despite the deployment of mendations contained in the report of the indepen- defence and security detachments backed by the dent inquiry into the actions of the United Nations during the 1994 genocide in Rwanda, and also encour- Central African Economic and Monetary Com- ages all Member States to provide assistance to geno- munity (CEMAC) multinational force. There was cide survivors and other vulnerable groups in Rwanda concern over the possible consequences to the in support of the present resolution; Central African Republic of the crises in the sub-

YUN04—6th proofs / OF July 24 2006 Africa 161 region, in particular the Sudanese region of based on the 1995 Constitution, suspended since Darfur. the coup d’état of March 2003, and on the recom- The Secretary-General extended BONUCA’s mendations of the national dialogue. The docu- mandate for an additional year, until 31 Decem- ment would be submitted to the people for ap- ber 2005. proval by a referendum in November 2004, followed by legislative and presidential elections Political and security developments in early 2005. Press statement (23 January). The Security On 30 April, the head of State established the Council President, in a 23 January press state- Mixed and Independent Electoral Commission ment [SC/7989-AFR/818], following a briefing by (CEMI) to make preparations for and conduct the the Secretary-General’s Representative on the sit- elections and ensure implementation of the Elec- uation in the Central African Republic and toral Code. Political parties expressed concern BONUCA activities, said that Council members over CEMI’s independence and integrity. noted with satisfaction that the authorities of the BONUCA established a framework for political Central African Republic had maintained efforts consultations with foreign partners who sup- towards reconciliation and reconstruction, and ported the electoral process and the UN system, underlined that the continuation of the national and UNDP established a technical advisory com- dialogue and the restructuring of the national mittee under its project of support to the elec- security forces were positive elements. They toral process. BONUCA also worked to defuse ten- called for the strengthening of the CEMAC inter- sions through mediation and good offices with national force and invited the Central African au- political parties, civil society, trade unions and thorities to ensure that human rights violations public authorities, and with the transitional did not remain unpunished. The members authorities in drafting legal texts. called on the authorities to allow the electoral op- The Central African authorities remained erations to take place according to schedule and concerned about the security situation. The lack invited the Secretary-General to examine ways in of security was most evident in the rural areas, which BONUCA could assist in that regard. where the civilian population was vulnerable to Communication. On 10 February [S/2004/125], attacks, especially by “former liberators” who as- the Central African Republic transmitted to the sisted General François Bozizé during the 2003 Council President the calendar for the referen- coup d’état. They severely tested the Govern- dum and elections, adopted by consensus on 23 ment, demanding “bonuses promised” in return January by the Office of the President of the Re- for their support of the rebellion and holding public, the Government and the Bureau of the demonstrations that led to confrontations with National Transition Council (NTC), in the pres- the regular forces. Negotiations with the parties, ence of the bureau of the committee to oversee including the Secretary-General’s Representa- the implementation of the outcome of the na- tive, led to a solution to the problem of the former tional dialogue. The calendar envisaged the liberators, but it was uncertain whether the holding of the referendum on the constitution in settlement was definitive. October/November 2004 and presidential and The process of restructuring the defence and legislative elections in January 2005. security forces was continuing, as was military Report of Secretary-General (June). The training and equipping. In the area of sub- Secretary-General, in response to presidential regional security cooperation, NTC authorized statement S/PRST/2001/25 [YUN 2001, p. 156], the ratification of the Protocol to the Treaty es- submitted a 16 June report on the situation in the tablishing the Economic Community of Central Central African Republic and BONUCA activities African States (ECCAS) on the Council for Peace [S/2004/496], covering the first half of 2004. and Security in Central Africa, adopted in The political situation during the period was Malabo, Equatorial Guinea, in February 2000. marked by the launching of the electoral process The Government was also pursuing disarma- with a view to restoring constitutional legality ment, particularly in Bangui, and had approved a and the rule of law in 2005. The transitional Gov- project for the reintegration of former combat- ernment adopted a schedule for the elections and ants and support to communities. BONUCA and a timeline, which it forwarded to the Security UNDP were assisting the Government in Council on 10 February (see above). The transi- implementing the project. tional Government transmitted to NTC for its The economic situation was characterized by a views the draft constitution, the electoral code continued decline in production in most sectors, and ordinances on political parties and the status in particular in timber and diamonds due to the of the opposition, and on the constitutional court Government’s temporary suspension of conces- and decentralization. The draft constitution was sions and operating permits, pending their over-

YUN04—6th proofs / OF July 24 2006 162 Political and security questions haul. Consequently, tax revenue declined by 30 the precarious economic and security situation, per cent. The poverty and vulnerability of the improvement of which would make it easier to population remained a major concern. Despite meet the various electoral deadlines and consoli- the prevailing insecurity, operational agencies of date the positive political developments. The the UN system, in particular UNICEF, WHO, Committee appealed to donors and international UNDP, WFP, UNHCR and FAO, concentrated on hu- financial institutions to provide the Central Afri- manitarian activities and on active participation can Republic with the necessary support; to in the implementation of emergency pro- CEMAC to strengthen efforts to ensure security in grammes. The agencies adopted a development the country, particularly in disarmament and the assistance framework for the Central African Re- restructuring of the defence and security forces; public, highlighting good governance, socio- and to the ECCAS General Secretariat to become economic recovery and prevention of HIV/AIDS, actively involved with the electoral process. which depended on support from the donor Press statement (7 July). Security Council community and the availability of additional re- members, in a 7 July press statement by its Pres- sources. Despite the difficulties, the overall eco- ident [SC/8142-AFR/992], noted the positive evolu- nomic situation was improving, mainly as a result tion of the political situation and progress in of the gradual resumption of mining and for- the economic and financial fields in the Central estry production. African Republic. They welcomed the establish- The human rights situation was also improv- ment of CEMI as an important step towards the ing slowly. General Bozizé appointed a special restoration of constitutional legality and encour- adviser responsible for human rights and good aged the Central African authorities to maintain governance, and the Government established a efforts to organize free, transparent and demo- national committee to draft reports on the hu- cratic elections in 2005. Members expressed con- man rights situation and formulate a national cern regarding the possible consequences to the plan of action for promoting and protecting hu- Central African Republic of the crisis in the man rights. BONUCA continued its observation subregion, in particular the crisis in Darfur (see and investigation of human rights violations, p. 235). meeting victims and visiting detention centres, Extension of BONUCA’s mandate. The organizing training of law enforcement officers Secretary-General, on 18 October [S/2004/874],in- and providing media coverage of human rights formed the Security Council of his intention to activities. extend BONUCA’s mandate for an additional According to the Secretary-General, the fact year, until 31 December 2005. The extension that the parties were opting for management by would enable the Office to support efforts to re- consensus of the transition with a view to a return store constitutional legality and help to create a to constitutional order through legislative and propitious political environment for holding presidential elections in 2005 offered hope for elections. In addition, he had asked BONUCA to a return to stability. Assistance was urgently assess developments in neighbouring countries needed to consolidate the achievements made on the situation in the Central African Republic and to build confidence. He noted the geo- and vice versa. On 28 October [S/2004/875], the strategic position of the Central African Repub- Council took note of the proposal. lic and the possible humanitarian and security impact of the conflict in the Sudanese region of SECURITY COUNCIL ACTION Darfur. If that crisis persisted, he warned, Suda- nese refugees living in camps near the Chad– On 28 October [meeting 5067], following consul- Central African Republic border would be tations among Security Council members, the pushed towards the Central African Republic. President made statement S/PRST/2004/39 on He welcomed the recent decision of the Interna- behalf of the Council: tional Monetary Fund (IMF), the World Bank and The Security Council commends the Central Afri- the African Development Bank to support the can authorities, the political parties and civil society efforts of the Central African authorities. of the Central African Republic for the efforts they UN Standing Advisory Committee consider- have made for the ongoing success of the transition ation. The United Nations Standing Advisory process. The Council welcomes in particular the spirit of consensus which the Central African parties Committee on Security Questions in Central Af- have shown and which attests to their determination rica, at its twenty-first meeting (21-25 June), wel- to continue the transition process to the end. comed the efforts of the transitional Government The Council encourages the Central Africans to to implement the recommendations of the 2003 continue their efforts to ensure the success of the national dialogue and the current political con- constitutional referendum in November and the sat- sensus in the country. It expressed concern about isfactory organization of free, transparent and dem-

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ocratic presidential and legislative elections in Janu- and transmitted them to the Government for ary 2005. adoption. The amendments concerned, among The Council also pays tribute to the United other things, the type of regime to be adopted, Nations system in the Central African Republic and the powers of the Prime Minister, the length of in particular to the Representative of the Secretary- General, General Lamine Cissé, for his work at the the presidential term of office, the conditions for head of the United Nations Peacebuilding Support eligibility to the legislature and the presidency, Office in the Central African Republic, and reaf- and the conditions for establishing the criminal firms to him its full support. The Council is pleased liability of the head of State. The head of State that the Secretary-General intends to renew the man- initialled and distributed the draft constitution date of the Office until 31 December 2005. and signed and enacted the ordinance on the The Council welcomes the assistance provided by electoral code. the international community to the stabilization and recovery of the Central African Republic as well as NTC, at its third session (16 August–1 October), the considerable efforts made by the member States adopted the draft ordinance on political parties of the Central African Economic and Monetary and the status of the opposition. National Coun- Community in the political, economic and security cillors separately considered the draft constitu- fields. tion, and, with BONUCA’s assistance, resolved dis- The Council calls upon international donors and crepancies with respect to amendments made the international financial institutions to continue to in accordance with the recommendations of provide resolute support to the Central African Re- the 2003 national dialogue. The Government public, including on the preparation of the upcom- ing legislative and presidential elections. It also em- amended the ordinance on the electoral code, phasizes that their support will be essential for the modified the draft constitution and enacted it by country’s economic and social recovery, and encour- decree. The draft constitution was approved by ages them to formulate, in close consultation with the people of the Central African Republic in a relevant development agencies and with the Govern- referendum on 5 December. ment of the Central African Republic, a concerted At its fourth session (8-26 November), NTC development strategy for the country. adopted draft ordinances on the establishment, However, the Council expresses its concern at the organization and functioning of the transitional deterioration of the State’s finances and of the pub- lic sector, and calls upon the Central African author- constitutional court, on the establishment of a ities to act with determination in order to address commission to oversee freedom of the press this situation. (Haut Conseil de la communication) and on free- The Council reiterates its full support for the dom of the press, all of which were submitted to Central African Economic and Monetary Com- the Government for adoption. munity multinational force, and calls for the continu- On 23 August, CEMI set up, in partnership with ation of the restructuring of the Central African Re- BONUCA and NTC, a committee of experts to de- public’s defence and security forces. velop an interpretation of the electoral code and The Council also encourages the Central African authorities to continue to combat, with determina- measures for applying it to the election dates. An tion, human rights violations. electoral census was carried out from 16 to 24 Oc- The Council again expresses its concern at the tober. A total of 4,020 voting stations were set up possible consequences to the Central African Repub- within the country and abroad for 1,400,882 lic of the crises in the subregion. Accordingly, it wel- registered voters. comes with satisfaction the Secretary-General’s ini- The overall security situation remained pre- tiative in asking the United Nations Peacebuilding carious. Acts of violence and summary execu- Support Office in the Central African Republic to as- sess the implications of developments in neighbour- tions attributable to law enforcement forces and ing countries on the situation in Central African Re- robbery and roadblocks by armed groups contin- public and vice versa. ued to occur. On 14 September, a National Com- mission for Disarmament, Demobilization and Report of Secretary-General (December). On Reintegration was established. 23 December [S/2004/1012], the Secretary-General, The economic and social situation continued reporting on the situation in the Central African to be affected by the poor economic perfor- Republic and BONUCA activities, said that the mances of 2002 and 2003, despite the commit- electoral process for the holding of general elec- ments and adjustments made by the Government tions continued, supported by the Committee of in agreement with the Bretton Woods institu- Foreign Partners to Follow Up on the Electoral tions (the World Bank Group and IMF) to gradu- Process (China, France, Germany, the EU,UN ally restore security throughout the country, re- system agencies, and the CEMAC Executive Secre- duce State spending and combat bad governance tariat and Force Commander). NTC, at its second and impunity. Personal income and State revenue session, which closed on 15 July, amended the declined, while earnings growth remained weak. draft constitution and the draft electoral code, The agricultural sector continued to be affected

YUN04—6th proofs / OF July 24 2006 164 Political and security questions by the fall in world coffee and cotton prices. Pub- In March, the Security Council expressed con- lic expenditure fell as a result of the authorities’ cern about the continuing instability in the commitments to cut State spending. Civil ser- region, called for a comprehensive and compos- vants and State officials reported that they would ite approach to durable solutions to the crises and be owed salary arrears for five months by the end conflicts that would address the root causes, and of 2004. considered means to promote peace and security. The humanitarian situation remained precari- In that regard, the Council sent a fact-finding ous, and the poor condition of roads and the mission to the region in June to, among other prevailing insecurity made it difficult for hu- tasks, identify a coherent UN intervention strat- manitarian organizations to reach vulnerable egy. The mission made a number of recommen- population groups. There were around 200,000 dations for addressing the complex problems fac- displaced persons in the Central African Repub- ing the region and the countries individually, lic at the end of 2004 and almost 30,000 Central stressing the need for a collective approach and African refugees in Goré, Chad, following the support of the efforts of the Economic Com- events of 15 March 2003 [YUN 2003, p. 156]. The munity of West African States (ECOWAS). Central African Republic was hosting almost In further efforts to promote a regional ap- 46,000 people of Sudanese, Chadian, DRC, proach to addressing the serious challenges to Rwandan and Burundian origin. A repatriation peace and security facing West Africa, the operation for DRC refugees living in the Central Security Council met in March to consider the African Republic began in October. Secretary-General’s report and recommenda- The Secretary-General determined that the tions for combating subregional and cross-border situation in the Central African Republic was problems. The Council adopted many of the gradually improving in spite of shortcomings in Secretary-General’s recommendations, particu- governance and human rights. The programmes larly those relating to the plight of child soldiers adopted in August by IMF and the World Bank and the use and proliferation of mercenaries and sent a signal to the authorities to continue their small arms, within the context of a regional ap- efforts to raise tax revenues. Meanwhile, election proach. Other recommendations dealt with dis- preparations were proceeding on schedule, and armament and reintegration of ex-combatants, on 11 December General Bozizé announced security sector reform, good governance, halting his candidacy for president. The compromise human rights and humanitarian abuses, and an achieved with regard to the draft constitution international presence in post-conflict countries. and the draft electoral code significantly im- The Secretary-General also submitted to the proved relations between the Government and Council an assessment of the role and perform- NTC, giving rise to new hope for a favourable out- ance of the United Nations Office for West Africa come to the transition, as demonstrated by the (UNOWA) in promoting regional solutions to smooth holding of the constitutional referen- cross-border and regional problems and conflict dum on 5 December. The Secretary-General en- prevention. couraged the donor community and friends of In Côte d’Ivoire, progress in implementing the the Central African Republic to provide material, 2003 Linas-Marcoussis Agreement was stymied financial and technical resources to ensure a last- by the disagreements among the political parties ing consolidation of its institutions. over the delegation of powers in the Government Other matters. The Central African Republic, of National Reconciliation and their refusal to lay by a 4 March letter [S/2004/195], informed the down their arms. In February,the Security Coun- Secretary-General that General Bozizé had cil established the United Nations Operation in agreed to receive and welcome the Haitian Pres- Côte d’Ivoire (UNOCI), thereby expanding the ident, Jean-Bertrand Aristide, as a purely hu- UN presence in the country. A demonstration in manitarian act. (See PART ONE, Chapter II, for March led to violent clashes in Abidjan between more information.) the Ivorian security forces and demonstrators and led to the withdrawal of opposition forces from the Government. After months of political West Africa stalemate, the parties signed the Accra III Agree- ment on reactivating the peace process and on means for implementing the Linas-Marcoussis Agreement. However, little progress followed, In 2004, the countries in conflict in West Af- and hostilities erupted again in November when rica recorded modest progress in their search for government forces attacked rebels’ strongholds peace and a return to stability, with the exception in the north, crossing the Zone of Confidence, a of Côte d’Ivoire, where tension remained high. belt across the middle of the country controlled

YUN04—6th proofs / OF July 24 2006 Africa 165 by UNOCI. The Council imposed an arms em- In view of the progress achieved, the Security bargo and adopted other sanctions on Côte Council, in September, redefined the UNAMSIL d’Ivoire. To get the peace process back on track, mandate. As the country remained generally mediation efforts were led by President Thabo calm, UNAMSIL proceeded with its drawdown Mbeki of South Africa, which resulted in the par- and transferred responsibility for national ties’ agreement in December on a plan of action security to the Government of Sierra Leone. for advancing the peace process. By the end of the Guinea-Bissau was also successful in imple- year, tensions in the capital, Abidjan, and the rest menting the terms of its peace framework, the of the country had decreased and significant 2003 Political Transition Charter. The main progress was made in fulfilling all outstanding achievements in 2004 were the holding of legisla- requirements under the Linas-Marcoussis tive elections in March and the formation of Agreement. a new Government in May, the resumption by Both Liberia and Sierra Leone experienced some governmental institutions of their func- positive movement in efforts to stabilize their re- tions and the start of preparations for presiden- spective political situations. In Liberia, concerted tial elections in April 2005. The United Nations efforts were made to implement the 2003 Com- Peace-building Support Office in Guinea-Bissau prehensive Peace Agreement, the framework for (UNOGBIS) continued to support the Government the establishment of the National Transitional in the peace process and to promote social and Government and the end of civil strife. The economic development, which remained in a United Nations Mission in Liberia (UNMIL), es- critical socio-economic situation. Progress in im- tablished in 2003, monitored the ceasefire, as- plementing the Political Transition Charter was sisted in disarming combatants and facilitated halted temporarily by a military mutiny in Octo- the delivery of humanitarian aid. The deploy- ber; however, the situation was ameliorated when ment of the Mission’s troops throughout the the Government, having received international country in 2004 brought relative calm and assistance and adopted fiscal reforms, was able to security that permitted progress towards the res- satisfy one of the grievances that led to the march, toration of State authority.The disarmament and paying the salary arrears of the armed forces and demobilization of the armed forces were com- civil services. Presidential elections were sched- pleted in October and resettlement of displaced uled for 2005 and efforts were made to restruc- persons commenced. The Government contin- ture the security sector. Toassist the Government ued to encounter difficulties in delivering basic in those efforts, the Security Council in Decem- services, extending civil administration through- ber extended the UNOGBIS mandate and ex- out the country and establishing electoral proce- panded its responsibilities. dures. The outbreak of violence in Monrovia in Cameroon and Nigeria took steps in 2004 to late October was a reminder of the fragility of the resolve their border issues, with UN assistance, peace process. mainly through the Cameroon-Nigeria Mixed Sierra Leone was able to consolidate its stabil- Commission. The Commission, established by ity in 2004, implementing most of the provisions the Secretary-General following the 2002 ruling of the 2000 Agreement on the Ceasefire and Ces- of the International Court of Justice on the land sation of Hostilities (Abuja Agreement). That and maritime boundary between the two coun- progress and fulfilment of the benchmarks for tries, began work on the delimitation of the land the drawdown of the United Nations Mission in and maritime borders. Sierra Leone (UNAMSIL) created the conditions for the reduction of the Mission from 11,500 troops at the beginning of the year to 5,000. Regional issues Meanwhile, Sierra Leone continued efforts to en- hance the capacity of its armed forces and police Threats to peace and security to enable them to ensure security and stability. Report of Secretary-General. The Secretary- The disarmament, demobilization and reinte- General, on 12 March [S/2004/200],reportedon gration programme was formally closed on 31 ways to combat subregional and cross-border March, with more than 54,000 ex-combatants problems in West Africa, as requested by the having received benefits. Local elections were Security Council in presidential statement held in May for the first time in 32 years. The S/PRST/2003/11 [YUN 2003, p. 176]. The Secretary- Truth and Reconciliation Commission released General noted that, while the three cross-border its final report to the public, and the Special problems of child soldiers, mercenaries and small Court for Sierra Leone continued to try those ac- arms were important contributory causes of con- cused of serious human rights abuses and crimes flict in West Africa, their relationship with the in- against humanity during the 10 years of civil war. stability was primarily symptomatic, not causal.

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Based on extensive consultations by his Special sions in Côte d’Ivoire, Liberia and Sierra Leone Representative for West Africa within the UN should collaborate regarding a true disarma- system and in the subregion, he made recommen- ment, demobilization and reintegration process. dations to address the cross-border problems, in Development projects should be made contin- the areas of improving UN harmonization, ratifi- gent on the collection of arms, and disarmament, cation and observance of existing conventions, col- demobilization and reintegration programmes laboration in the Mano River Union (MRU) area, should contain specific elements for child and strengthening the ECOWAS secretariat and women combatants. Security sector reform could implementating the 1998 ECOWAS moratorium on be improved, including in human rights and hu- the importation, exportation and manufacture of manitarian law, and by convening a meeting of small arms and light weapons in West Africa, sup- defence and interior ministers. The capacity of porting national commissions, disarmament, de- frontier services should also be strengthened. To mobilization and reintegration programmes, reduce extortion at roadblocks, ECOWAS mem- security sector reform, reducing extortion at road- bers should abide by their commitments to free blocks within and between countries, strengthen- passage for people and goods and reduce illegiti- ing civil society participation and awareness- mate checkpoints. raising, and “naming and shaming” small arms ex- To halt human rights and humanitarian porters and private security companies. abuses, the Secretary-General called for further To improve harmonization among the UN ac- concerted pressure, including international tors active in West Africa, the Secretary-General sanctions, against the recruiters of children and suggested that his Special Representative for West mercenaries, as well as commercial companies Africa organize meetings among the senior staff of and individuals involved in such recruitment and the UN political and peacekeeping missions in the which exported small arms to the subregion. region, and the regional heads of UN agencies and Among other measures to control small arms, he programmes, with the participation of senior proposed that exporting countries should force ECOWAS officials and civil society representatives. manufacturers to inscribe indelible serial num- He called on regional Governments to ratify and bers on weapons and importing countries should observe existing conventions on small arms, child strengthen licensing procedures. soldiers and mercenaries and to adopt policies The Secretary-General said that addressing against the recruitment of child soldiers and mer- the cross-border regional issues identified by the cenaries. ECOWAS and the United Nations, with Council in a comprehensive manner required a the MRU countries (Guinea, Liberia, Sierra Leone), fundamental change in the political approach. should explore ways of enhancing international at- The regional and international communities tention to the priority cross-border problems, in- should help Governments by providing targeted cluding the convening of an international confer- assistance and ensuring that international stand- ence on assistance to that region. MRU States and ards were respected, and by responding at an ear- Côte d’Ivoire, with UN and other assistance, lier stage to governance and humanitarian crises. should initiate joint security patrols and com- The international community should also main- mon border management. ECOWAS should rein- tain a robust presence in post-conflict countries force its four observation and monitoring zones to to prevent regression into conflict and to pro- gather more information on cross-border prob- mote good governance and peace-building. The lems, authorize information-sharing and set up a Secretary-General hoped that Council members database of individuals and groups suspected of would explore ways to enhance the ECOWAS trafficking in small arms, mercenaries and child capacity to address cross-border regional issues, soldiers. It should also adopt a legally binding in- support the activities of civil society organiza- strument to complement the work done so far tions, including women’s associations, and iden- under its 1998 moratorium, due to expire in 2004, tify specific recommendations from among those including a ban on mercenaries; harmonize na- in his report for further action. tional legislation and common penalties; and be- Security Council consideration. At the Security gin work on a regional arms register. ECOWAS Council’s 25 March meeting [meeting 4933] to should also support the strengthening of national consider cross-border issues in West Africa, the arms control commissions. A register of arms held Secretary-General said that ECOWAS had taken by the military and security agencies should be important initiatives to tackle the serious challenges maintained. to peace and security in West Africa, demonstrating In the area of disarmament, demobilization the resolve of Africans to settle African problems in and reintegration, the lessons learned in Mali cooperation with the international community. The and Sierra Leone should be applied in other recommendations in his report could not be im- areas in West Africa, and UNOWA and UN mis- plemented solely on a country-by-country basis

YUN04—6th proofs / OF July 24 2006 Africa 167 but required a multifaceted regional approach. mented. It consequently urges the Economic Com- Special attention should be paid to the prolifera- munity of West African States to work closely with tion of small arms, the illegal exploitation of natu- the United Nations system, the international finan- cial institutions and other international and regional ral resources and the use of child soldiers and mer- organizations concerned, including the newly estab- cenaries, as well as roadblocks. To build on his lished African Union Peace and Security Council, as report on the subject (see p. 165), he had asked his well as with interested States, in drafting a regional Special Representative for West Africa to convene conflict prevention policy taking fully into account a meeting to explore how ECOWAS and the relevant the recommendations of the recent joint United UN entities could best move ahead. Nations and European Union mission to the region. The ECOWAS Chairman (Ghana) said that, The Council stresses the importance of the role of though the Secretary-General’s recommenda- the Special Representative of the Secretary-General tions for joint security patrols and common for West Africa in facilitating the coordination of a coherent United Nations approach to cross-border border management were laudable, ECOWAS felt and transnational problems in the subregion. that the best solution was finding a way to restore The Council encourages the Special Representa- peace to the entire region. He stated that, with tive of the Secretary-General for West Africa to con- the drawdown of UNAMSIL (see p. 212), there was tinue to hold regular meetings on coordination a need to ensure that the withdrawal took account among the United Nations missions in the region in of the Government’s ability to assume responsi- the interest of improved cohesion and maximum ef- bility for overall security, enhance control of nat- ficiency of United Nations activities in West Africa. ural resources and consolidate civil adminis- It also encourages the greatest possible harmoniza- tration throughout the country. It was also vital tion among United Nations agencies within coun- tries of the subregion. that UNAMSIL continue to monitor the movement The Council requests the Secretary-General to en- of armed elements along Liberia’s borders to courage the United Nations missions in West Africa to prevent incursions. UNOWA should be tasked share information and their logistic and administra- with getting the leaders of Côte d’Ivoire, Sierra tive resources as far as possible, without impeding the Leone and Guinea to stay engaged in the disarm- satisfactory execution of their respective mandates, in ament process and to help UNMIL to monitor the order to increase their effectiveness and reduce costs. concealment of arms in Liberia’s neighbouring The Council expresses its intention to consider States. the recommendations of the Secretary-General to facilitate cross-border operations and to strengthen SECURITY COUNCIL ACTION (March) cooperation among the United Nations missions in the region, including the possibility of ‘hot pursuit’ On 25 March [meeting 4933], following consulta- operations, joint air patrolling, shared border respon- tions among Security Council members, the Pres- sibility, the possible reinforcement of airspace moni- ident made statement S/PRST/2004/7 on be- toring and joint planning for the repatriation of for- half of the Council: eign combatants. It looks forward to receiving, as soon The Security Council, recalling its relevant resolu- as possible, the recommendations of the Secretary- tions and the statements by its President, emphasizes General, after due consultation with the Govern- the importance of addressing the continuing factors ments concerned. It also encourages the States in the of instability in West Africa within a regional frame- subregion to organize common patrols along their re- work. It recognizes the need for a comprehensive and spective borders, jointly if need be, with the respective composite approach for durable solutions to the com- United Nations peacekeeping operations. plex crises and conflicts in West Africa. Such an ap- The Council invites the Secretary-General and the proach should address the root causes of conflict and Economic Community of West African States to take consider means to promote sustainable peace and the requisite practical decisions to improve the coor- security, including development and economic re- dination of the activities of the United Nations and vival, good governance and political reform. the Economic Community of West African States in The Council takes note in this regard of the report West Africa. of the Secretary-General of 12 March 2004 and its rec- The Council stresses the importance of a regional ommendations to address cross-border issues, in par- approach in the preparation and implementation of ticular the plight of child soldiers and the use and pro- demobilization, disarmament and reintegration pro- liferation of mercenaries and small arms, within the grammes. To this end it invites the United Nations context of a regional approach. The Council believes missions in West Africa, the Governments concerned, action on the report should be taken as part of a wider the appropriate financial institutions, international strategy of conflict prevention, crisis management development agencies and donor countries to work to- and post-conflict stabilization in the subregion. gether to harmonize individual country demobiliza- The Council welcomes the principles set out by tion, disarmament and reintegration programmes the African Union and the New Partnership for Af- within an overarching regional strategy to design com- rica’s Development which provide an important munity development programmes to be implemented framework for such action. It encourages the States alongside demobilization, disarmament and reintegra- members of the Economic Community of West Afri- tion programmes, and to pay special attention to the can States to ensure that these are fully imple- specific needs of children in armed conflict.

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The Council reiterates the importance of finding The Council considers that civil society actors, in- durable solutions to the problem of refugees and dis- cluding the media, have an important role to play in placed persons in the subregion, and urges the States crisis management and conflict prevention in the re- in the region to promote necessary conditions for their gion and that their efforts in this regard deserve to be voluntary and safe return with the support of relevant actively supported by the regional States, the Eco- international organizations and donor countries. nomic Community of West African States, the inter- The Council considers that illegal trafficking in national community and the United Nations system. arms poses a threat to international peace and Increased support should be provided for the media security in the region. It, therefore, urges the States to raise awareness about the plight of child soldiers, members of the Economic Community of West Afri- the use and proliferation of small arms and the re- can States to fully implement their moratorium on cruitment of mercenaries. the import, export and manufacture of light The Council welcomes the consideration being weapons, signed in Abuja on 31October 1998.It also given in the International Contact Group on Liberia invites them to study the possibility of strengthening to broadening its mandate to the cross-border issues its provisions. concerning Liberia and its neighbouring countries. The Council invites the States members of the Eco- The Council considers reform of the security sector nomic Community of West African States to take all an essential element for peace and stability in West necessary steps to better combat illegal trafficking in Africa, and urgently calls upon donor countries and smallarmsandlightweaponsintheregion,suchasthe the international financial community to coordinate establishment of a regional register of small arms and their efforts to support the Economic Community of light weapons. The Council calls on donor countries to West African States, in particular its Executive Secre- help the member States implement these steps. tariat, and to assist the States in the subregion in their The Council urges all States, in particular those in efforts to reform the security sector. the region and those with a capacity to export arms, The Council, in the context of its emphasis on the to ensure that arms embargoes are fully imple- regional dimension of the problems in West Africa, mented in the subregion. It expresses its intention to expresses its intention to keep under review the im- pay close attention and remain in consultation with plementation of the above-mentioned recommenda- the Economic Community of West African States tions, and requests the Secretary-General to report and Member States on steps to stop the illicit flows of on them at the occasion of his regular reports on the arms to conflict zones in the region. United Nations missions in the subregion. The Council recognizes the need to address both the supply and demand side with regard to private MRU summit. The Mano River Union coun- companies selling illegally small arms or security services, and invites the Governments concerned to tries, at their summit on 20 May in Conakry, take appropriate steps to prevent such illegal sales. Guinea [S/2004/468], expressed satisfaction at the The Council recalls the measures it has imple- implementation of the disarmament, demobili- mented on the illegal exploitation and trade of dia- zation, reintegration and rehabilitation pro- monds and timber in the subregion, and encourages gramme, which made possible the voluntary re- the Economic Community of West African States patriation of Sierra Leonean refugees. The and its member States to promote transparent and summit considered that all armed individuals sustainable exploitation of those resources. conducting destabilizing activities against a le- The Council encourages the Economic Com- munity of West African States to publicly identify gally established Government were to be consid- parties and actors who are shown to engage in illicit ered as rebels or mercenaries, and that MRU trafficking of small arms in the subregion and use member States should take legal and security mercenaries, and expresses its intention to consider measures to render them harmless. They called adopting this practice in relation to the conflicts in on the regional States to establish cooperation West Africa. and monitoring mechanisms to combat that The Council recalls that the existence of the many problem. illegitimate checkpoints and the practice of extor- tion at those checkpoints in the region harms the security of civilians and is a major stumbling block to Security Council missions to West Africa the economic development of all West Africa. It therefore invites the Governments concerned to take Report on 2003 mission the necessary steps to effectively address this impedi- ment to regional economic integration with the Security Council consideration. On 23 Janu- support of the international community. ary [meeting 4899], the Security Council considered The Council calls upon the States members of the the progress report of the Secretary-General on Economic Community of West African States to its 2003 mission to West Africa [YUN 2003, p. 164]. work together to agree to a coherent approach to the The Assistant Secretary-General for Political Af- problem of foreign combatants. fairs briefed the Council on developments in the The Council calls upon the Mano River Union States to resume dialogue and to consider holding a countries visited since the publication of the re- summit of heads of State and meetings of ministers port. He concluded that, by and large, progress to develop a common approach to their shared continued to be made in implementing the mis- security issues and confidence-building measures. sion’s recommendations. Having invested so

YUN04—6th proofs / OF July 24 2006 Africa 169 much already in the subregion in terms of capital Secretary. It also welcomed the ECOWAS and and resources, it was important that the Council UNOWA initiative to identify ways of preventing remain engaged to build upon the progress being military coups and other unconstitutional means made in Guinea-Bissau, Côte d’Ivoire, Liberia of seizing or holding power, as well as mitigating and Sierra Leone and address the cross-cutting the abuses of power that were usually the root regional issues relating to peace and security and causes of such actions. governance. The mission called on all parties to cease the use of child soldiers, emphasized the need to re- 2004 mission integrate former child combatants, and wel- On 15 June [S/2004/491], the Security Council comed the efforts of the United Nations Chil- President informed the Secretary-General that dren’s Fund (UNICEF) and others to strengthen the Council was sending a mission to West Africa the ECOWAS Child Protection Unit. It recom- (Ghana, Côte d’Ivoire, Liberia, Sierra Leone, Ni- mended that additional resources be provided geria, Guinea-Bissau and Guinea), headed by rapidly for UNOWA. It underlined the need to in- Emyr Jones Parry (United Kingdom), from 20 to clude in the regional approach to disarmament, 29 June to, among other tasks, identify a coher- demobilization and reintegration programmes ent strategy for UN intervention in conflict pre- not only those countries emerging from conflict vention and peace-building, encourage ECOWAS but also those seriously affected by conflicts in to implement a subregional conflict prevention neighbouring countries, such as Guinea, Mali strategy, and strengthen UN-ECOWAS-MRU co- and Burkina Faso. operation. Specific tasks were identified for the With regard to small arms, the mission called mission in each of the countries concerned. on exporting countries to take action against In its 2 July report to the Council [S/2004/525], those transgressing national laws or UN sanc- the mission stated that it had focused on the link tions. The mission called on donors and institu- between security and development, the need to tions to provide assistance, particularly transport build good governance and respect for human capacity and logistical assistance to increase the rights as the necessary foundation for lasting subregion’s peacekeeping capacity. It encour- peace and prosperity. The region’s borders were aged ECOWAS, working with UNOWA, to develop a so porous and the problems, including the preva- conflict prevention strategy, and recommended lence of small arms, fighters, child soldiers and that the UN system develop strategies to deal HIV/AIDS, moved so easily across them that a col- with problems afflicting border regions in order lective approach was necessary to effect real and to prevent conflicts from spreading further. lasting change. A collective and integrated UN Countries should also ensure that border con- strategy should encompass the transition from trols curbed unauthorized cross-border move- peacekeeping to peace-building and develop- ments, and UN peacekeeping operations should ment, including the role of UN peacekeeping op- pay special attention to the monitoring of border erations in helping to create the right socio- areas. economic conditions for lasting stability. ECOWAS The mission appealed to donors to increase was taking an increasingly active role by mobiliz- contributions to humanitarian appeals, and en- ing regional countries to undertake peace- couraged greater support to West African civil so- keeping missions; leading conflict resolution ini- ciety organizations. To promote job creation and tiatives, as in Côte d’Ivoire, Guinea-Bissau and economic opportunity, it recommended that Liberia; and working with UNOWA on a regional Governments in the region work towards greater conflict prevention strategy. Those efforts were accountability and transparency, through such gradually helping to build security and stability measures as anti-corruption campaigns and poli- in the subregion, which, in turn, would lay the cies. Noting the principle of no impunity for seri- basis for greater economic integration and ous human rights abuses, the mission urged the growth. The mission noted the progress in peace- Council to take measures at the appropriate time, building in the region in general, but was con- including the imposition of targeted sanctions cerned by the breakdown in the peace process in against the individuals concerned. Côte d’Ivoire. The Council heard an oral briefing by the The mission was gratified to learn about the head of the mission on its visit to West Africa on enlarged programme of collaboration between 30 June [meeting 5000] and considered the mis- ECOWAS and UNOWA to address cross-border sion’s written report on 16 July [meeting 5005]. problems in the subregion. The mission sup- ported the efforts by the EU, UNDP and UNOWA to UNOWA activities establish a strategic and operational planning On 4 October [S/2004/797], the Secretary- capacity in the office of the ECOWAS Executive General transmitted to the Security Council a re-

YUN04—6th proofs / OF July 24 2006 170 Political and security questions view of the activities of the United Nations Office p. 172] to facilitate implementation of the Linas- for West Africa. The Office, established in 2001 Marcoussis Agreement, monitor the security sit- [YUN 2001, p. 162], became operational only in Janu- uation and complement the ECOWAS and French ary 2003 in Dakar, Senegal. The review stated peacekeeping forces. The mission was headed by that, despite initial administrative and logistical the Special Representative of the Secretary- constraints and unforeseen developments in the General. region, the Office had made considerable pro- During the year, the Government of National gress. It had proved useful in raising public Reconciliation attempted to fulfil its tasks as out- awareness about cross-border and subregional lined by the Agreement and to work towards problems, bringing a regional perspective to national elections in 2005. However, implemen- issues and promoting conflict prevention. It also tation was hampered by continued disagreements developed mechanisms and promoted plans of over the delegation of powers. Based on reports action for enhancing linkages with other UN en- of an investigative mission sent to evaluate tities and national and international partners, MINUCI’s progress, the Secretary-General recom- supported peacemaking efforts, especially in mended that the United Nations expand its Côte d’Ivoire and Liberia, undertook studies on peacekeeping mission. The Security Council es- subregional issues and conducted field missions tablished the United Nations Operation in Côte to assess developments in tension-prone areas. d’Ivoire (UNOCI) in February, with a maximum The Secretary-General had also entrusted strength of 6,240 UN military personnel, and re- UNOWA with following up on the implementation quested the Secretary-General to transfer author- of the 2002 decision [YUN 2002, p. 1265] of the Inter- ity from MINUCI and ECOWAS forces to UNOCI.At national Court of Justice on land and maritime the same time, the Council authorized the French boundaries between Cameroon and Nigeria (see forces to use all necessary means to support p. 230). UNOCI. The UN mission’s wide-ranging man- Promoting an integrated regional approach to date included responsibilities for monitoring the the complex challenges facing West Africa re- ceasefire and movements of armed groups; as- mained a long-term process requiring sustained sisting in disarmament, demobilization, reinte- interaction between UNOWA and its partners. To gration, repatriation and resettlement programmes; that end, the Secretary-General recommended protecting UN personnel, institutions and civil- that UNOWA’s mandate be extended for another ians; facilitating humanitarian assistance; sup- period of three years, from 1 January 2005 to 31 porting implementation of the peace process; December 2007, subject to a midterm review in contributing to the protection of human rights; July 2006. He intended to strengthen UNOWA,as promoting the peace process through public in- called for by the Council’s mission to West Africa formation; and assisting the Government in re- (see p. 169). storing law and order. The peace process stalled in March, due to ris- ing political tension and lack of progress in im- Côte d’Ivoire plementing the terms of the Linas-Marcoussis Concerted efforts by the United Nations, Agreement. Some parties refused to lay down ECOWAS and the international community contin- their arms, and others either suspended partici- ued in 2004 to help facilitate a return to peace pation in the Government of National Reconcili- and stability in Côte d’Ivoire through implemen- ation or announced their intention to do so. As tation of the 2003 Linas-Marcoussis Agreement frustration mounted, demonstrations were held, [YUN 2003, p. 166], including providing assistance despite a government ban, resulting in violent to the Government of National Reconciliation of clashes in the capital, Abidjan, between the Côte d’Ivoire, established under that Agreement. Ivorian security forces and demonstrators. Inves- The main responsibility for peacekeeping rested tigation into the events determined that the ex- with the Licorne (French forces) and the ECOWAS cessive use of force was not proportional to the Mission in Côte d’Ivoire (ECOMICI), whose de- situation. ployment was endorsed by the Security Council A series of diplomatic efforts by a number of in resolution 1464(2003) [ibid., p. 168]. Forces from heads of regional States and others to steer the both entities were deployed along the Zone peace process back on track, including a visit by of Confidence separating the Government- the Security Council mission to the subregion, re- controlled south of the country from the north, sulted in the signing on 30 July of the Accra III controlled by the rebel movement, Forces Agreement, which committed the parties to a nouvelles. Those efforts were supported by the framework for reactivating the peace process and United Nations Mission in Côte d’Ivoire fully implementing the terms of the Linas- (MINUCI), established in May 2003 [YUN 2003, Marcoussis Agreement, including resolving the

YUN04—6th proofs / OF July 24 2006 Africa 171 issue of eligibility for the presidency, adoption of dependent Electoral Commission, the establish- all legal reforms envisaged under the Linas- ment of the National Commission on Human Marcoussis Agreement, and agreeing on a clear Rights, and land reform. On 12 January, Pres- delegation of powers from the President to the ident Laurent Gbagbo met with Guillaume Soro, Prime Minister. The Council welcomed the leader of the Forces nouvelles, for the first time Agreement and urged all parties to implement it since that party had suspended participation in in good faith. the Government. On 28 January, President However, the parties failed to make much pro- Gbagbo agreed to restructure the management of gress in fulfilling the terms of the Agreement in the Ivorian Radio and Television, which had the following months. Hostilities broke out again been a source of major political friction. In addi- in early November when government forces tion, the Government took steps towards deploy- launched attacks against positions held by the ing State administration and providing basic Forces nouvelles in the north. Fighting and vio- services to Forces nouvelles–controlled areas. lent demonstrations quickly spread to other parts In the area of military cooperation, on 9 Janu- of the country, and nine French peacekeepers ary, the quadripartite commission (Forces were killed by government forces. On 6 Novem- armées nationales de Côte d’Ivoire (FANCI), the ber, the Secretary-General asked the Security armed wing of Forces nouvelles, ECOMICI and Council to confirm that UNOCI could use all nec- Licorne) signed the Yamoussoukro Agreement essary means to prevent any hostile action in the on the joint operational plan and guidelines for Zone of Confidence, which it did on the same the disarmament, demobilization and reintegra- day. Nine days later the Council took punitive tion programme. Both FANCI and the Forces nou- action against those involved in the fighting by velles committed themselves to implementing imposing an arms embargo against Côte d’Ivoire the programme. On 14February, the commission and a travel ban and a freeze of funds against met to consider further plans and agreed on an those blocking the peace process. The Council exchange of prisoners to be carried out on established a committee to designate those indi- 4 March. The Prime Minister, Seydou Diarra, an- viduals and entities subject to the sanctions. nounced that the programme would start on The events in November were a serious setback 8 March. However, the political climate began to to the prospects for peace. For the remainder of worsen. On 26 February, Mr. Soro declared that, the year, there was some progress in returning to unless all key issues of the Linas-Marcoussis negotiations, principally through the mediation Agreement were addressed, his movement would efforts of President Thabo Mbeki of South Af- not lay down arms before the October 2005 rica, who led an AU diplomatic initiative in co- elections. operation with the United Nations and ECOWAS. Communications (January/February). Pres- By late December, most of the major legislative ident Gbagbo, in a speech delivered on 20 Janu- reforms envisaged in the peace agreements had ary [S/2004/67], reported on the Government’s been drafted, including an amendment to article efforts towards achieving a peaceful solution to 35 of the Constitution on eligibility for the the crisis, and indicated that, within the powers presidency. granted to him by the Constitution, he intended to submit a number of issues to referendum. Political and security developments The AU Central Organ of the Mechanism for The Secretary-General reported [S/2004/443] a Conflict Prevention, Management and Resolu- number of encouraging developments in the tion, at a meeting on 30 January [S/2004/88],ex- peace process at the beginning of the year. On pressed satisfaction at the progress made in the 6 January, the Forces nouvelles returned to the Ivorian peace process, particularly the return of Government of National Reconciliation and the Forces nouvelles to the Government. It en- participated in subsequent meetings of the couraged the Ivorian political forces to continue Council of Ministers, where major legal reforms to honour their commitments, in conformity envisaged in the Linas-Marcoussis Agreement with the Linas-Marcoussis Agreement, and sup- were considered. On 14 January, the Secretary- ported the requests by Côte d’Ivoire and ECOWAS General of the Forces nouvelles reaffirmed his for the speedy deployment of a peacekeeping movement’s commitment to remain in the Gov- force in that country and the Secretary-General’s ernment. The first extraordinary session of the proposal for such a mission [YUN 2003, p. 171]. National Assembly was convened to consider Report of assessment mission. On 6 January some of the draft laws envisaged under the [S/2004/3], the Secretary-General reported on Agreement, including those related to the identi- MINUCI’s efforts to facilitate peace and security fication of the population and the residence in the country, including the report of an assess- status of foreigners, the reconstitution of the In- ment mission sent to Côte d’Ivoire from 3 to 11

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December 2003 [YUN 2003, p. 183] and his recom- Acting under Chapter VII of the Charter of the mendation for expanding MINUCI’s mandate in United Nations, the light of the realities on the ground. In the 1. Decides that the mandate of the United Nations meantime, the President of the General Assem- Mission in Côte d’Ivoire shall be extended until 27 February 2004; bly, in an 8 January letter [S/2004/100] to the 2. Decides also to renew until 27 February 2004 the Security Council President, drew attention to authorization given to Member States participating in resolution 58/275 [YUN 2003, p. 175] concerning forces of the Economic Community of West African consideration of the financing of MINUCI at the States, together with French Forces supporting them; Assembly’s resumed fifty-eighth (2004) session, 3. Takes note with appreciation of the report of the scheduled for 8 March to 2 April. Secretary-General of 6 January 2004 on the United Nations Mission in Côte d’Ivoire; SECURITY COUNCIL ACTION (4 February) 4. Calls upon the signatories to the Linas-Marcoussis Agreementtocarryoutexpeditiouslytheirresponsibili- On 4 February [meeting 4909], the Council unani- ties under the Linas-Marcoussis Agreement; mously adopted resolution 1527(2004). The draft 5. Also calls upon the signatories to the Linas- [S/2004/82] was prepared in consultations among Marcoussis Agreement to take the steps called for by Council members. the Secretary-General in paragraph 86 of his report, and expresses its readiness to help them to achieve last- The Security Council, ing peace and stability; Reaffirming its previous resolutions concerning Côte 6. Requests the Secretary-General, pending a deci- d’Ivoire, in particular its resolutions 1514(2003) of 13 sion by the Security Council on the reinforcement of November 2003, 1498(2003) of 4 August 2003 and the United Nations presence in Côte d’Ivoire as recom- 1464(2003) of 4 February 2003, mended in paragraph 61of the report of the Secretary- Reaffirming its strong commitment to the sovereignty, General, to prepare the possible deployment of a independence, territorial integrity and unity of Côte peacekeeping operation within five weeks after such d’Ivoire, and recalling the importance of the princi- decision by the Council; ples of good-neighbourliness, non-interference and 7. Decides to remain actively seized of the matter. cooperation in relations between the States of the re- gion, Reaffirming its endorsement of the agreement signed by Establishment of UNOCI the Ivorian political forces at Linas-Marcoussis, France, To help him finalize his proposals for expand- on 23 January 2003 (“the Linas-Marcoussis Agreement”) ing the UN peacekeeping mission in Côte and approved by the Conference of Heads of State on Côte d’Ivoire held in Paris on 25 and 26 January 2003, d’Ivoire, the Secretary-General sent a technical Stressing the importance of the complete and uncon- team to that country from 16 to 27 January to ditional implementation of the measures provided for evaluate the situation. In his 9 February report under the Linas-Marcoussis Agreement, and taking [S/2004/3/Add.1], he pointed out that under the note with satisfaction of the progress made recently in Linas-Marcoussis Agreement, the international this regard, community was requested to support the Gov- Recalling its full support for the efforts of the Eco- ernment of National Reconciliation in restruc- nomic Community of West African States and France turing the security forces. However, the conduct to promote a peaceful settlement of the conflict, and welcoming in particular the effective action taken by of the National Police and the Gendarmerie, in- the Economic Community of West African States Mis- cluding human rights violations, corruption and sion in Côte d’Ivoire in order to stabilize the country, extortion at checkpoints along major arteries, as well as the commitment of the African Union in contributed to a widespread culture of impunity. supporting the process of national reconciliation in The security forces had ceased to function in the Côte d’Ivoire, northern part of the country, where law enforce- Taking note of the message addressed to the Security ment and policing activities were carried out by Council on 10 November 2003 by the President of the “interim structures”. A plan was being prepared Republic of Côte d’Ivoire, in which he requested the transformation of the United Nations Mission in Côte for the return and reintegration of the National d’Ivoire into a peacekeeping operation, Police and the Gendarmerie to the north, which Noting the need for the Mission to continue carrying appeared to have the agreement of the Forces out its mandate as outlined in its resolution 1479(2003) nouvelles, but the latter insisted on a neutral UN of 13 May 2003, presence during the transition period. Another Affirming its readiness to consider the recommenda- important concern to be urgently addressed was tions contained in the report of the Secretary-General the restoration of law enforcement institutions of 6 January 2004 as well as the need for coordination and personnel in the zone of confidence. The ju- of the United Nations efforts in West Africa, dicial system had also ceased functioning in the Noting with concern the continued existence of chal- lenges to the stability of Côte d’Ivoire, and determin- north and in the zone of confidence. The prison ing that the situation in Côte d’Ivoire continues to con- system was underfunded and prisoners were stitute a threat to international peace and security in held without access to proper judicial proce- the region, dures.

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The Secretary-General proposed that in the SECURITY COUNCIL ACTION (27 February) southern part of the country where national po- On 27 February [meeting 4918], the Security lice operations had not been disrupted, the main Council unanimously adopted resolution 1528 role of the UN civilian police would be to advise (2004). The draft [S/2004/146] was prepared in con- the Government on restructuring the Gendar- sultations among Council members. merie and the National Police. It would also ad- The Security Council, vise law enforcement authorities and observe Recalling its resolutions 1464(2003) of 4 February their operation, with a view to deterring excesses 2003, 1479(2003) of 13 May 2003, 1498(2003) of 4 Au- and abuses. In the north and in the zone of confi- gust 2003, 1514(2003) of 13 November 2003 and 1527 dence, the UN civilian police would advise the (2004) of 4 February 2004, and the statements by its Government on the restoration of a police pres- President on Côte d’Ivoire, Reaffirming its strong commitment to the sovereignty, ence and instil confidence in the population so independence, territorial integrity and unity of Côte as to facilitate the restoration of that presence d’Ivoire, and recalling the importance of the princi- there. The UN civilian police, comprising 350 ples of good-neighbourliness, non-interference and UN officers, would provide advice and support regional cooperation, aimed at enhancing the operational capabilities Recalling that it endorsed the agreement signed by and professionalism of the police and gendar- the Ivorian political forces at Linas-Marcoussis, France, merie, and the restoration of law enforcement in- on 23 January 2003 (“the Linas-Marcoussis Agree- ment”) and approved by the Conference of Heads of stitutions and personnel in the zone of confi- StateonCôted’Ivoire,heldinParison25and26January dence and in the north. The deployment of all 2003, UN civilian police would begin in Abidjan in the Taking note with satisfaction of the recent progress, in south and Bouaké in the north, and gradually ex- particular the return of the Forces nouvelles to the pand throughout the country. Government, the agreement reached on the imple- The Secretary-General also recommended mentation of the programme of disarmament, demo- bilization and reintegration, and the talks between the the establishment of a small judicial unit to help President of the Republic of Côte d’Ivoire and the address key outstanding issues identified in Forces nouvelles, the Linas-Marcoussis Agreement relating to Considering that the Ivorian parties have made the strengthening the independence of the judiciary, progress called for by the Secretary-General towards national identification and citizenship, human the steps mentioned in paragraph 86 of his report of rights, land tenure, and the criteria for eligibility 6 January 2004 on the United Nations Mission in Côte for the presidency and other elections-related d’Ivoire, as confirmed to the Council on 4 February issues. The unit, comprising up to five interna- 2004, and encouraging the Ivorian parties to continue their efforts in that direction, tional staff, would support and advise judicial Calling upon the parties and the Government of Na- authorities and the Government on the re- tional Reconciliation to take all necessary steps to pre- establishment of an impartial judicial system in vent further violations of human rights and interna- areas where the administration of justice had bro- tional humanitarian law and to put an end to impunity, ken down, and encourage the transparency of Reaffirming its resolution 1325(2000) of 31 October the justice system. It would follow legislative, judi- 2000 on women and peace and security, its resolutions cial and administrative developments on matters 1379(2001) of 20 November 2001 and 1460(2003) of central to implementation of the Linas-Marcoussis 30 January 2003 on children and armed conflict, and its resolutions 1265(1999) of 17 September 1999 and Agreement. In view of the need to re-establish 1296(2000) of 19 April 2000 on the protection of civil- a prison system in the north and to strengthen ians in armed conflict, the system in the south, it was recommended that Welcoming and encouraging efforts by the United the civilian police and judicial component of the Nations to sensitize peacekeeping personnel in the proposed peacekeeping operation also include a prevention and control of HIV/AIDS and other commu- corrections unit to advise national authorities. nicable diseases in all its peacekeeping operations, Deeply concerned by the deteriorating economic In a later addendum [S/2004/3/Add.2], the situation in Côte d’Ivoire and its serious impact on the Secretary-General informed the Security Coun- subregion as a whole, cil that the financial implications for the deploy- Welcoming the commitment of the African Union in ment of a UN peacekeeping operation in Côte supporting the process of national reconciliation in d’Ivoire were projected at $303 million for a six- Côte d’Ivoire, month period, including $149 million in recur- Recalling its full support for the efforts of the Eco- rent and $154 million in non-recurrent costs. nomic Community of West African States and France The projections, which took into account to promote a peaceful settlement of the conflict, and welcoming in particular the effective action taken by MINUCI’s personnel and assets, provided for the the forces of the Economic Community of West Afri- deployment of 6,240 military personnel and 435 can States in order to stabilize the country, international and 529 national staff, as well as 119 Taking note of the message addressed to the Security United Nations Volunteers. Council on 10 November 2003 by the President of the

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Republic of Côte d’Ivoire, in which he requested the Monitoring of the ceasefire and movements of armed groups transformation of the United Nations Mission in Côte (a) To observe and monitor the implementation of d’Ivoire into a peacekeeping operation, the comprehensive ceasefire agreement of 3 May 2003, Taking note also of the request made by the Economic and to investigate violations of the ceasefire; Community of West African States to the Security (b) To liaise with the National Armed Forces of Council on 24 November 2003 to establish a peace- Côte d’Ivoire and the military elements of the Forces keeping operation in Côte d’Ivoire, nouvelles in order to promote, in coordination with Noting that lasting stability in Côte d’Ivoire will de- the French forces, the re-establishment of trust be- pend on peace in the subregion, especially in Liberia, tween all the Ivorian forces involved, as stated in its res- and emphasizing the importance of cooperation olution 1479(2003); among the countries of the subregion to this end, as (c) To assist the Government of National Reconcili- well as the need for coordination of the efforts of the ation in monitoring the borders, with particular atten- United Nations missions in the subregion to contribute tion to the situation of Liberian refugees and to the to the consolidation of peace and security, movement of combatants; Having considered the report of the Secretary-General Disarmament, demobilization, reintegration, on the United Nations Mission in Côte d’Ivoire, repatriation and resettlement Taking note of the letter dated 8 January 2004 from (d) To assist the Government of National Reconcili- the President of the General Assembly addressed to ation in undertaking the regrouping of all the Ivorian the President of the Security Council, forces involved and to ensure the security of their can- Aware of the persistent challenges to the stability of tonment sites; Côte d’Ivoire, and determining that the situation in (e) To help the Government of National Reconcilia- Côte d’Ivoire continues to pose a threat to interna- tion to implement the national programme for the dis- tional peace and security in the region, armament, demobilization and reintegration of the Acting under Chapter VII of the Charter of the combatants, with special attention to the specific needs United Nations, of women and children; 1. Decides to establish the United Nations Operation (f) To coordinate closely with the United Nations in Côte d’Ivoire for an initial period of twelve months as missions in Sierra Leone and in Liberia in the imple- from 4 April 2004, and requests the Secretary-General mentation of a voluntary repatriation and resettlement to transfer authority from the United Nations Mission programme for foreign ex-combatants, with special at- in Côte d’Ivoire and the forces of the Economic Com- tention to the specific needs of women and children, in munity of West African States to the United Nations support of the efforts of the Government of National Operation in Côte d’Ivoire on that date, and decides, Reconciliation and in cooperation with the Govern- therefore, to renew the mandate of the United Nations ments concerned, relevant international financial in- Mission in Côte d’Ivoire until 4 April 2004; stitutions, international development organizations 2. Decides also that the United Nations Operation in and donor nations; Côte d’Ivoire shall comprise, in addition to the appro- (g) To ensure that the programmes mentioned in priate civilian, judiciary and corrections component, a subparagraphs (e) and (f) above take into account the military strength of a maximum of 6,240 United need for a regional approach; Nations personnel, including 200 military observers (h) To guard weapons, ammunition and other ma- and 120 staff officers, and up to 350 civilian police offi- teriel handed over by the former combatants and to se- cers, as required to perform the mandated tasks de- cure, neutralize or destroy such materiel; scribed in paragraph 6 below; Protection of United Nations 3. Requests the Secretary-General to encourage the personnel, institutions and civilians United Nations missions in West Africa to share logis- (i) To protect United Nations personnel, installa- tic and administrative support, to the extent possible, tions and equipment, provide the security and free- without prejudicing their operational capabilities with dom of movement of United Nations personnel and, respect to their mandates, in order to maximize effec- without prejudice to the responsibility of the Govern- tiveness and minimize the cost of the missions; ment of National Reconciliation, to protect civilians 4. Requests the United Nations Operation in Côte under imminent threat of physical violence, within its d’Ivoire to carry out its mandate in close liaison with capabilities and its areas of deployment; the United Nations missions in Sierra Leone and in Li- (j) To support, in coordination with the Ivorian au- beria, including, especially, in the prevention of move- thorities, the provision of security for the ministers of ments of arms and combatants across shared borders the Government of National Reconciliation; and the implementation of disarmament and demobi- lization programmes; Support for humanitarian assistance 5. Reaffirms its strong support for the Special Repre- (k) To facilitate the free flow of people, goods and sentative of the Secretary-General for Côte d’Ivoire, humanitarian assistance, inter alia, by helping to es- and approves his full authority for the coordination tablish the necessary security conditions; and conduct of all the activities of the United Nations Support for the implementation of the peace process system in Côte d’Ivoire; (l) To facilitate, in cooperation with the Economic 6. Decides that the mandate of the United Nations Community of West African States and other interna- Operation in Côte d’Ivoire, in coordination with the tional partners, the re-establishment by the Govern- French forces authorized in paragraph 16 below, shall ment of National Reconciliation of the authority of the be the following: State throughout Côte d’Ivoire;

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(m) To provide oversight, guidance and technical 12. Reaffirms, in particular, the need for the Gov- assistance to the Government of National Reconcilia- ernment of National Reconciliation to undertake the tion, with the assistance of the Economic Community complete and immediate implementation of the dis- of West African States and other international part- armament, demobilization and reintegration pro- ners, to prepare for and assist in the conduct of free, gramme, including the disbanding of all armed fair and transparent electoral processes linked to the groups, in particular the militias, the curbing of all implementation of the Linas-Marcoussis Agreement, kinds of disruptive street protests, especially of the var- in particular the presidential election; ious youth groups, and the restructuring of the armed Assistance in the field of human rights forces and the internal security services; (n) To contribute to the promotion and protection 13 . Urges the international community to continue of human rights in Côte d’Ivoire, with special attention considering how it might help further economic devel- to violence committed against women and girls, and to opment in Côte d’Ivoire, with a view to achieving long- help to investigate human rights violations with a view term stability in Côte d’Ivoire and the whole sub- to helping to end impunity; region; 14 . Requests the Secretary-General to keep the Public information Council regularly informed of the situation in Côte (o) To promote understanding of the peace process d’Ivoire, the implementation of the Linas-Marcoussis and the role of the United Nations Operation in Côte Agreement and the implementation of the mandate of d’Ivoire among local communities and the parties the United Nations Operation in Côte d’Ivoire, and to through an effective public information capacity, in- report to it in this regard every three months, includ- cluding the establishment, as necessary, of a United ing a review of the troop level, with a view to a phasing- Nations radio broadcasting capability; down in the light of the progress achieved on the Law and order ground and the tasks remaining to be fulfilled; (p) To assist the Government of National Reconcili- 15. Decides to renew until 4 April 2004 the authori- ation, in conjunction with the Economic Community zation given to the French forces and the forces of the of West African States and other international organi- Economic Community of West African States through zations, in restoring a civilian policing presence its resolution 1527(2004); throughout Côte d’Ivoire, and to advise the Govern- 16. Authorizes, for a period of twelve months from ment of National Reconciliation on the restructuring 4 April 2004, the French forces to use all necessary of the internal security services; means in order to support the United Nations Opera- (q) To assist the Government of National Reconcili- tion in Côte d’Ivoire, in accordance with the agree- ation, in conjunction with the Economic Community ment to be reached between the United Nations Oper- of West African States and other international organi- ation in Côte d’Ivoire and the French authorities, and zations, in re-establishing the authority of the judi- in particular: ciary and the rule of law throughout Côte d’Ivoire; (a) To contribute to the general security of the area 7. Requests the Secretary-General to give special at- of activity of the international forces; tention to the gender and child-protection components (b) To intervene at the request of the United within the staff of the United Nations Operation in Nations Operation in Côte d’Ivoire in support of its el- Côte d’Ivoire; ements whose security may be threatened; 8. Authorizes the United Nations Operation in Côte (c) To intervene against belligerent actions, if the d’Ivoire to use all necessary means to carry out its security conditions so require, outside the areas di- mandate, within its capabilities and its areas of deploy- rectly controlled by the United Nations Operation in ment; Côte d’Ivoire; 9. Requests the Secretary-General and the Govern- (d) To help to protect civilians in the deployment ment of National Reconciliation to conclude a status-of- areas of their units; forces agreement within thirty days of the adoption of 17. Requests France to continue to report to it peri- the present resolution, taking into consideration Gen- odically on all aspects of its mandate in Côte d’Ivoire; eral Assembly resolution 58/82 of 9 December 2003 on 18. Decides to remain actively seized of the matter. the scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel, The Secretary-General, speaking after the and notes that, pending the conclusion of such an agree- vote, said that Côte d’Ivoire had come a long way ment, the model status-of-forces agreement dated 9 Oc- from the crisis that erupted in 2002. He noted tober 1990 shall apply provisionally; that the parties had recently agreed on arrange- 10. Stresses the importance of the complete and un- conditional implementation of the measures provided ments to implement the disarmament, de- for under the Linas-Marcoussis Agreement, and de- mobilization, reintegration and repatriation pro- mands that the parties fulfil their obligations under gramme, which was to start on 8 March. Other the Linas-Marcoussis Agreement so that, in particular, positive developments were the return of the the forthcoming presidential election can be held in Forces nouvelles to the Government of National 2005 in accordance with the constitutional deadlines; Reconstruction on 6 January and consideration 11 . Calls upon all parties to cooperate fully in the de- by the Council of Ministers of draft legislation ployment and operations of the United Nations Oper- ation in Côte d’Ivoire, in particular by guaranteeing and other reforms envisaged in the Linas- the safety, security and freedom of movement of Marcoussis Agreement. A strengthened UN United Nations personnel as well as associated person- presence would make implementation of the dis- nel throughout the territory of Côte d’Ivoire; armament, demobilization and reintegration

YUN04—6th proofs / OF July 24 2006 176 Political and security questions programme easier, facilitate the provision of hu- issues outlined in a “Memorandum of Political manitarian assistance and the restoration of State Signatories of the Linas-Marcoussis and Accra II authority throughout the country, contribute to Agreements” presented to him by a delegation of the promotion of human rights and the re- “Marcoussistes”. establishment of the rule of law, and help the On 24 March, the Secretary-General urged all country prepare for elections in 2005. Ivorian parties to exercise restraint and avoid ex- Appointment. On 25 March [S/2004/267], the acerbating the situation. He appealed to the lead- Secretary-General informed the Security Coun- ers of all Ivorian political parties to engage in cil of his intention to appoint Major General consultations in order to move forward with im- Abdoulaye Fall (Senegal) as Force Commander plementation of the Agreement, as did a number of UNOCI. The Council, on 31March [S/2004/268], of African leaders. Meanwhile, the Ivorian took note of his intention. armed forces and gendarmerie moved into the centre of Abidjan. Public institutions and schools Events of late March were closed until 29 March. Following those positive developments in the On 25 March, demonstrations took place in peace process, the political climate in Côte several parts of Abidjan, resulting in violent d’Ivoire began to worsen, the Secretary-General clashes between the Ivorian security forces and stated in his first report on UNOCI [S/2004/443]. demonstrators. Violence and sporadic shooting Following Mr. Soro’s 26 February declaration on occurred for two days in and around the capital. conditions for laying down arms (see p. 171), a At least 120 people were killed, 274wounded and number of political parties announced their in- 20 disappeared. Demonstrations also took place tention to suspend participation in the Govern- in Yamoussoukro and in Bouaké. The Secretary- ment due to concerns over the pace of implemen- General issued another statement, again urging tation of the reforms envisaged under the Linas- all parties to put the national interest foremost, Marcoussis Agreement, in particular those relat- stop confrontations and resume implementation ing to the devolution of power from the President of the Agreement. to the Government and the discretionary author- ity of ministers to make certain senior appoint- The events of 25 and 26 March dealt a serious ments within departments under their purview. blow to the peace process. Following those events, Forces from the parties were deployed along the Mr. Soro stated that his movement ruled out any zone of confidence separating the Government- possibility of disarmament or a return to the controlled south of the country from the rebel- Government as long as President Gbagbo re- controlled north. As a result of the political stale- mained in power. However, on 31 March, the mate, the disarmament, demobilization and rein- “Marcoussistes” presented a number of condi- tegration programme did not start as planned on tions for the resumption of dialogue with Pres- 8 March. Two days later, supporters of the Pres- ident Gbagbo, including recognition of their ident stormed the Ministry of Justice to protest constitutional right to demonstrate; enhanced appointments made by the Justice Minister, security for signatories of the Agreement to be Alassane Ouattara, who was also President of the provided by Ivorian, French and UN forces; bal- opposition party, Rally of the Republicans. anced coverage for all political parties in State- ECOWAS and French forces prevented them from owned media; permission to organize funerals attacking the residence of the Forces nouvelles and commemorative ceremonies for those who ministers in Abidjan. Following those develop- died on 25 March; and the establishment of an in- ments, the Council of Ministers, on 11 March, ternational commission of inquiry to investigate banned all demonstrations. In defiance, the “Co- all human rights violations committed in connec- alition des Marcoussistes” (a coalition of opposi- tion with the 25-26 March events. President tion parties, including Forces nouvelles) an- Gbago [S/2004/257] and Prime Minister Diarra nounced that it would organize a demonstration [S/2004/258] also requested the establishment of on 25 March to protest the stalemate in the peace an international commission of inquiry and process and to show support for implementation called on all the parties that had signed the of the Linas-Marcoussis Agreement. Despite a Agreement but had suspended their participa- decree signed by President Gbagbo on 23 March tion in governmental bodies to return to their limiting public demonstrations to enclosed places and to implement it fully. spaces, the opposition parties maintained their The Secretary-General supported the requests determination to proceed with the rally. In a for an International Commission of Inquiry and broadcast to the nation on the same day [S/2004/ instructed the Office of the United Nations High 241], the President announced that a meeting had Commissioner for Human Rights (OHCHR)to been scheduled for 29 March to examine all the proceed with its establishment (see p. 177).

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Security Council President press statement. The Council recalls that it endorsed the Linas- The Security Council President, in a 26 March Marcoussis Agreement, which remains the only pos- sible solution to the crisis in Côte d’Ivoire. press statement [SC/8043-AFR/869], said that Coun- cil members expressed grave concern at the The Council further recalls that all Ivorian politi- cal forces have committed themselves to implement events and stressed the importance of imple- fully and with no conditions the Linas-Marcoussis menting all the commitments in the Linas- Agreement. The Council decided, on the basis of Marcoussis Agreement, in particular disarma- this commitment, to deploy the United Nations Op- ment, to ensure the redeployment of the eration in Côte d’Ivoire to support the process of administration throughout the territory. peaceful settlement of the crisis, which is to culmi- nate in 2005 with the organization of free, fair and Communications (April). The EU, in a state- transparent elections. ment issued on 8 April [S/2004/309], deplored the The Council emphasizes the individual responsi- events of 25 March. It emphasized the impor- bility of each of the Ivorian actors in the settlement tance of prompt deployment of UN peace- of the crisis. keeping forces in Côte d’Ivoire to support imple- The Council expresses its readiness to consider mentation of the Agreement and urged the further steps to encourage full implementation of parties to resume political dialogue and partici- the Linas-Marcoussis Agreement and to promote the pate again in the Government of National process of national reconciliation in Côte d’Ivoire, Reconciliation. including actions that might be taken, if necessary, against individuals whose activities are an obstacle to On 22 April [S/2004/321], Côte d’Ivoire trans- the full implementation of the Linas-Marcoussis mitted to the Council the common platform on Agreement. conditions for the resumption of the political dia- logue, submitted by the Directorate for the Coor- Commission of inquiry dination of Political Forces for National Recon- ciliation, signatories of the Linas-Marcoussis OHCHR, as requested by the Secretary- Agreement, concluded during a meeting held on General, led the investigation into alleged hu- 13, 15 and 17April to consider the social and eco- man rights violations committed in connection nomic situation following the events of 25-26 with the demonstrations of 25 March. The com- March. Those conditions, as agreed to by the mission of inquiry visited Abidjan from 15 to 28 Government of National Reconciliation, con- April. In its report [S/2004/384], the commission cerned security guarantees for civilians and pol- concluded that the 25 March demonstration was itical leaders; the right to demonstrate; the hold- used for what turned out to be a carefully ing of a public commemoration for victims; the planned operation by the Ivorian security forces, establishment of an international commission of as well as special units and the so-called parallel inquiry to investigate the events of 25-26 March; forces, targeting opposition parties and com- and the impartial treatment of information by munity groups not only in Côte d’Ivoire, but also the State-run media. The letter also contained a in Burkina Faso, Mali and the Niger. In spite of schedule of specific actions in regard to each of public statements to the contrary, all evidence the conditions, and a list of legislation relating to suggested that there was no significant threat to the Agreement that had been submitted to the security forces by the demonstrators and that and/or adopted by Parliament. the repression and killings on 25 March and the following days represented a level of violence and excessive use of force that were not propor- SECURITY COUNCIL ACTION (April) tional to the situation, resulting in indiscriminate On 30 April [meeting 4959], following consulta- killing of innocent civilians and massive human tions among Security Council members, the Pres- rights violations. The events had to be seen in the ident made statement S/PRST/2004/12 on be- broader context of a fragile political system and a half of the Council: struggle for power, which was often violent. The political responsibility of those who planned the The Security Council expresses its grave concern march, in spite of the ban, the tense climate cre- at the events which occurred in Côte d’Ivoire at the end of March 2004 and at the current impasse in the ated by the drawing of a “red zone” (forbidden peace process defined in the Linas-Marcoussis area for unauthorized persons) and the mobiliza- Agreement. tion and use of the army were major factors in the The Council underscores the importance of inves- escalation of tension. Many of the killings took tigating all alleged violations of human rights com- place in the houses of would-be demonstrators or mitted in Côte d’Ivoire so that those responsible do even innocent civilians targeted by the security not remain unpunished. forces. Most of the human rights violations could The Council reaffirms its strong commitment to be characterized as a massacre in which summary the territorial integrity and unity of Côte d’Ivoire. executions, torture, disappearances and arbi-

YUN04—6th proofs / OF July 24 2006 178 Political and security questions trary detentions were repeatedly committed by conduct a comprehensive review of the violations units of the security forces, acting in coordina- from September 2002. He also indicated that two tion or in collusion with the parallel forces. national commissions of inquiry had been estab- In addition, the commission believed that lished to investigate the events of 25-26 March other massive human rights violations com- and that action would be taken to follow up on the mitted since 19September 2002 also needed to be conclusions of the Council’s inquiries. investigated, and proposed the establishment of an international commission of inquiry for that SECURITY COUNCIL ACTION (May) purpose. It also stated that other relevant issues On 25 May [meeting 4977], following consulta- needed to be resolved, such as reducing the un- tions among Security Council members, the Pres- even distribution of wealth, the systematic exclu- ident made statement S/PRST/2004/17 on be- sion of community groups and the low level of half of the Council: literacy, compounded by unemployment. The Security Council reiterates its grave concern Among its proposals, the commission recom- at the events which occurred in Côte d’Ivoire at the mended: the conduct of criminal investigations end of March 2004 and at the current impasse in the for those responsible for the massacres; the ex- peace process defined in the Linas-Marcoussis pansion of the UNOCI mandate to ensure the pro- Agreement. tection of witnesses to the indiscriminate killings The Council recalls that it endorsed the Linas- of 25 March and of relatives of massacre victims; Marcoussis Agreement, which is the only solution to the establishment of a mixed human rights court, the crisis in Côte d’Ivoire. with the participation of international judges, The Council reaffirms the individual responsibil- mandated to prosecute all past serious human ity of each of the Ivorian actors to ensure the full im- plementation of the Linas-Marcoussis Agreement. It rights violations, including those committed reiterates its complete readiness to take any neces- prior to 25 March 2004; the dismantlement and sary further steps against individuals who block the disarmament of all armed groups, including the full implementation of the Linas-Marcoussis Agree- so-called parallel forces, with the possible inte- ment. gration of those forces into regular security struc- The Council takes note with deep concern of the tures of the State; ensuring more effective protec- report of the commission of inquiry of the Office of tion of the basic human rights and fundamental the United Nations High Commissioner for Human freedoms of all individuals in Abidjan, to create Rights on the events that occurred in Abidjan on 25 and 26 March 2004. It expresses its appreciation for an environment conducive to holding fair elec- the work of the Office of the High Commissioner. tions in 2005; reform and training of the police The Council strongly condemns the violations of and security forces; reform and strengthening of human rights and international humanitarian law the judiciary; restructuring of the armed forces committed in Côte d’Ivoire, including those that oc- with the participation of all ethnic groups; estab- curred in Abidjan on 25 and 26 March 2004, and ex- lishment of a UN radio station to encourage mu- presses its determination to ensure that those re- tual respect and tolerance; and the establishment sponsible for all these violations are identified and of an independent human rights mechanism of that the Government of Côte d’Ivoire brings them to the Commission on Human Rights, such as a justice. The Council expects President Laurent Gbagbo to comply fully with the commitment he has country-based special rapporteur or an indepen- made in this regard, through the letter dated 20 May dent expert. 2004 from the Permanent Representative of Côte Security Council consideration. The Security d’Ivoire to the United Nations addressed to the Pres- Council, in a 14 May press statement of the Pres- ident of the Security Council. ident [SC/8094-AFR/929-HR/4756], following a brief- The Council therefore requests the Secretary- ing by the Acting High Commissioner for Hu- General to establish as soon as possible the interna- man Rights, welcomed OHCHR’s intention to tional commission of inquiry, as recommended by the commission of inquiry of the Office of the establish a commission to look into events dating United Nations High Commissioner for Human back to September 2002. They expressed their Rights and requested by the Government of Côte determination to consider rapidly steps to ensure d’Ivoire, in order to investigate all human rights vio- that those responsible for the violations of human lations committed in Côte d’Ivoire since 19 Septem- rights in Cote d’Ivoire since September 2002 were ber 2002 and determine responsibility. The Council held accountable for their actions. Council mem- calls upon all the Ivorian parties to cooperate fully bers urged the immediate establishment of the with this international commission of inquiry. National Human Rights Commission called for The Council reiterates its demand for the Govern- in the Linas-Marcoussis Agreement. ment of Côte d’Ivoire to bring to justice those re- sponsible for these violations of human rights. In Communications. President Gbagbo, on 18 this regard, it expresses its complete readiness to en- [S/2004/411] and 20 [S/2004/414] May, welcomed the courage possible international assistance to the decision to send a new commission of inquiry to Ivorian judicial authorities to this end and requests

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the Secretary-General to submit recommendations The Council takes note in this regard of the re- on the various possible options for such assistance. newed commitment of President Laurent Gbagbo, in The Council is deeply concerned by slogans and his message to the nation on 18 May 2004, to apply declarations of hate, in particular those directed fully the Linas-Marcoussis Agreement, and his re- against the personnel of the United Nations Opera- quest addressed to the Parliament to accelerate the tion in Côte d’Ivoire, and urges all the Ivorian actors achievement of the legislative reforms. It now ex- to refrain from any action or statement, especially in pects these commitments to be fulfilled in order that the media, which put at risk the security of United concrete steps can be undertaken to restore confi- Nations personnel and, more globally, the process of dence. national reconciliation. The Council recalls the obli- The Council also reaffirms the urgency of dis- gation of all Ivorian actors, in particular the Govern- banding militias and armed groups and proceeding ment of Côte d’Ivoire, to cooperate fully in the de- with operations to regroup the opposing forces in ployment and operations of the United Nations order to permit the start of disarmament and demo- Operation in Côte d’Ivoire, which is there at the re- bilization, which must precede their reintegration quest of the Government, in particular by guaran- into the regular army or civilian life. teeing the safety, security and freedom of movement The Council firmly rejects the assertion that dis- of all United Nations personnel. armament can be delayed until after the 2005 elec- The Council requests the United Nations Opera- tions and calls upon all parties to move immediately tion in Côte d’Ivoire to establish without delay its to begin this process. broadcasting capacity, as mandated in its resolution The Council underlines the responsibilities of the 1528 (2004) of 27 February 2004. Monitoring Committee as the guarantor of the im- The Council recalls that it decided, on the basis of plementation of the Linas-Marcoussis Agreement the commitment of all Ivorian political forces to im- and expresses its appreciation for further efforts it plement fully and without conditions the Linas- may undertake in order to overcome the current im- Marcoussis Agreement, to deploy the United passe in the peace process as well as in supporting the Nations Operation in Côte d’Ivoire to support the United Nations Operation in Côte d’Ivoire in carry- process of peaceful settlement of the crisis, which is ing out its mandate. to lead to the organization in 2005 of open, free and The Council calls upon all parties to take immedi- transparent elections. ate action to implement the steps above and empha- The Council underlines the fact that no concrete sizes that these measures are essential to enable Côte progress can be made in the implementation of the d’Ivoire and Ivorians to return to the path to peace, Linas-Marcoussis Agreement until the Government stability and economic development." of National Reconciliation composed on 13 March 2003 and completed on 12 September 2003 meets again under the authority of the Prime Minister. Further developments in peace process The Council is therefore deeply concerned by the Report of Secretary-General (June). The recent announcement by President Laurent Gbagbo that he would dismiss opposition ministers. The Secretary-General, in his first report on UNOCI, Council also reiterates its concerns at the continuing issued on 2 June [S/2004/443] in response to reso- non-participation of the opposition parties in the lution 1528(2004) (see p. 173), said that, in an Government of National Reconciliation. The Coun- effort to give new impetus to the peace process, a cil considers that such decisions undermine the nor- high-level delegation, led by the Under-Secretary- mal functioning of Ivorian institutions and the re- General for Peacekeeping Operations, Jean- sumption of dialogue between Ivorian parties which Marie Guéhenno, visited Côte d’Ivoire from 15to is the basis of the Linas-Marcoussis Agreement. 20 April. The delegation conveyed the interna- The Council underscores the importance of hav- ing all relevant Ivorian parties participate fully in the tional community’s preparedness to help Côte Government of National Reconciliation. In this re- d’Ivoire restore peace and normalcy, including gard, the Council calls upon all Ivorian parties to through the deployment of UNOCI, but the apply faithfully all the provisions of the Linas- Ivorian parties had the responsibility to proceed Marcoussis Agreement, including those regarding without further delay and in good faith with im- the composition and the functioning of the Govern- plementation of the Linas-Marcoussis Agree- ment of National Reconciliation, and to resume im- ment. It encouraged the President to use his au- mediately political dialogue with a view to ensuring the effective functioning of the Government of Na- thority to establish all necessary conditions to tional Reconciliation. enable the Government to function effectively,in- The Council reiterates its full support to Prime cluding full support for his Prime Minister, Minister Seydou Diarra, head of the Government of greater freedom for the ministers to appoint National Reconciliation, and encourages him to their aides and the immediate dismantling of any carry on his task until the completion of the peace parallel government structures. The delegation process, as foreseen in the Linas-Marcoussis Agree- called on the Forces nouvelles to proceed with ment. disarmament without delay. The Council recalls the importance it attaches to the early and full adoption of the constitutional and On 24 April, the “Coalition des Marcoussistes” legislative reforms provided for in the Linas- held a memorial service to honour the victims of Marcoussis Agreement. the 25 and 26 March events, which took place

YUN04—6th proofs / OF July 24 2006 180 Political and security questions without any serious incidents. The following day, The security situation, which deteriorated fol- supporters of President Gbagbo held a rally in lowing the events of 25-26 March, remained frag- Abidjan, demanding that UNOCI immediately ile throughout the country. Serious tensions re- disarm Forces nouvelles and the right to hold a sulted in shootings and violent attacks against rally in the Forces nouvelles stronghold of villagers. There was also an increase in militia ac- Bouaké. In the meantime, the political stalemate tivities in the western region. Ethnic and party continued and the parties hardened their posi- clashes were also reported. In the north, in Feb- tions. On 26 April, the Forces nouvelles leader ruary and March, inter-factional fighting esca- said that his movement would not disarm or re- lated between the military wings of Forces turn to the Government as long as President nouvelles. The continued de facto partitioning of Gbagbo remained in power and would re- the country contributed to the climate of uncer- establish social services and a police force in the tainty, and reinforced fears of a resumption of areas under its control. Two days later, a delega- civil conflict. Forces nouvelles was reported to be tion of the “Coalition des Marcoussistes”, es- strengthening its administrative activities in the corted by UNOCI troops, travelled to northern areas under its control, including the payment of Côte d’Ivoire for meetings aimed at promoting salaries to elements of the army and police and reconciliation. On 5 May, Prime Minister Diarra the establishment of custom services. Forces gave the Coalition assurances of impartial treat- nouvelles suspended its participation in meet- ment in access to the State media and enhanced ings of the quadripartite military commission, security, thereby satisfying the two remaining while FANCI no longer participated in joint pa- preconditions for the return of their ministers to trols with Forces nouvelles. In Abidjan, the the Government. In addition, the National As- security situation deteriorated, with various de- sembly decided to resume the debate on the law monstrations, mainly organized by pro–Ivorian on identification and to consider other draft laws Patriotic Front supporters to protest the findings envisaged under the Linas-Marcoussis Agree- of the international commission of inquiry (see ment. p. 177) and delays in implementing the disarma- On 18 May, however, President Gbagbo an- ment, demobilization and reintegration pro- nounced the suspension of support to the opposi- gramme. UNOCI and French troops also came tion ministers who had boycotted Cabinet meet- under attacks by groups of violent protesters. ings since early March, and signed a decree The human rights situation throughout Côte announcing the dismissal of three of them, in- d’Ivoire also deteriorated, with violations includ- cluding Mr. Soro. Forces nouvelles responded by ing arbitrary detention, extrajudicial killings and withdrawing all its remaining representatives discrimination and violence on the basis of na- from the capital to Bouaké. The tension contin- tionality, ethnic origin, gender and political ued to mount the next few days in Abidjan and opinion. In the northern area, there were acts of several businesses and schools were closed. extortion, arbitrary tax collection, forceful ab- Threats to UNOCI from pro-Gbagbo supporters duction and summary execution. The collapse of escalated, and the Secretary-General called on all the judicial system led to a dramatic increase in parties concerned to desist from action that child prostitution and sexual violence perpe- might lead to further violence and to cooperate trated by various uniformed elements. with the Linas-Marcoussis Monitoring Commit- The current political crisis had a negative tee and his Special Representative in resolving effect on election preparations. The National As- outstanding issues. The Monitoring Committee sembly adopted a law on the identification and formulated a programme of work to help the par- residence of aliens and the Government promul- ties overcome the political stalemate and proceed gated decrees on the establishment of a National with implementation of the Agreement. The Identification Supervisory Commission, changes programme included a timetable for disarma- to the National Identification Office, procedures ment, demobilization and reintegration opera- for the issuance and format of the national iden- tions; legislation relating to the identification tity card, and appointments to the National Iden- process; the reunification of the country, includ- tification Supervisory Commission. However, ing by redeploying the State administration and several draft laws were still awaiting legislative as- the provision of basic services throughout Côte sent. An electoral needs assessment mission, sent d’Ivoire; the reconstitution of the Independent to Côte d’Ivoire from 26 January to 6 February by Electoral Commission; equal access by all politi- the Secretary-General, recommended the estab- cal groups to public media; security arrange- lishment of an electoral component within ments for leaders of political parties and candi- UNOCI to provide technical assistance to national dates for presidential elections; and measures electoral authorities and monitor electoral prep- aimed at economic recovery. arations throughout the country.

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The crisis also affected significantly the overall the country, but would seriously upset the stabil- humanitarian and economic situation in the ity of the whole subregion. It noted the concern country and the West African subregion. Surveys expressed by the UNOCI Force Commander that, indicated that malnutrition rates were on the rise unlike the French Licorne force, the mission’s in the western part of the country owing to the rules of engagement did not permit it to use force loss of harvests, continued displacements, poor in monitoring the ceasefire and protecting civil- roads and limited access to health facilities. In ians in the Zone of Confidence, making it diffi- the north, the lack of deployment of local cult for the two forces to cooperate effectively. administration in the territory under the control of Forces nouvelles impacted negatively on the The mission recommended that the President provision of health services and education in and the Prime Minister should consult with all those areas. The health situation remained pre- the signatories to the Agreement on reconstitut- carious, owing to the closure of most health-care ing and reactivating the Government, including centres following the departure of up to 85 per an implementation schedule and ensuring that cent of the medical staff and lack of medical draft laws on political reform were adopted by supplies. the National Assembly by 28 July; the parties The Secretary-General concluded that Côte should commit to regular high-level dialogue d’Ivoire had reached a crossroads. He appealed without preconditions; the Government should to the Security Council, the AU, ECOWAS and halt hostile actions against UNOCI and UN and other international stakeholders to continue to other foreign representatives in the country; and play an active role in encouraging all Ivorian par- UNOCI should be brought up to full strength. In ties to resume political dialogue, and to all oppo- that regard, the Council would welcome advice sition parties to return to the Government of Na- on redefining the UNOCI mandate to allow for re- tional Reconciliation without delay. He said that adjustment of its rules of engagement. The mis- the Security Council’s upcoming mission to West sion also recommended that the Government Africa (see below) would provide an opportunity honour its commitment to authorize the opera- to remind all Ivorian parties of their respective tion of UNOCI’s radio by early July; the Monitor- responsibilities. He urged President Gbagbo ing Committee should work with the Govern- to ensure that the ban on disruptive activities was enforced without discrimination, that all ment and ECOWAS in monitoring the schedule of Ivorians were free to move safely throughout the compliance with the Agreement; UN representa- country and that the Government was allowed to tives should work with civil society organizations initiate the process of legislative reform unhin- to advance the peace process; the Government dered. should ensure that those responsible for human Report of Security Council mission. The rights violations were brought to justice; the par- Security Council mission to West Africa (20-29 ties should commit themselves to cooperating June) (see p. 169) visited Côte d’Ivoire on 22 and with the international commission of inquiry (see 23 June. In its report, submitted on 2 July p. 177) into human rights violations since Sep- [S/2004/525], the mission said that it had empha- tember 2002; UNOCI should assist in prepara- sized to leaders of Côte d’Ivoire its concern over tions for general elections; ECOWAS should re- the breakdown in the peace process, the impasse main engaged in efforts to resume the national in the implementation of the Linas-Marcoussis dialogue and help expedite legislative reforms Agreement and the non-functioning of the Gov- provided for in the Agreement; and the Security ernment. It identified three concrete measures as Council should monitor fulfilment of the vital for restarting the peace process: the recon- pledges made by President Gbagbo and other stitution of the Government, the resumption of Ivorian parties, particularly the adoption of laws its work and the establishment of a schedule for and the resolution of the issues of the status-of- implementing the Linas-Marcoussis Agreement; forces agreement and the operation of UNOCI ra- the early adoption by the National Assembly of dio by early July. The Council should consider political reforms envisaged in the Agreement; targeted measures against individuals who ob- and the parties acting in unity to forge a better structed implementation of those pledges. future for the country. The mission stressed that attacks against UN personnel and property had Côte d’Ivoire, in its observations on the report to cease. of the Security Council mission [S/2004/610], The mission agreed that failure to resolve the transmitted on 27 July, affirmed that President political impasse would not only provoke a major Gbagbo would ensure that the bills provided for socio-economic and humanitarian disaster and in the Agreement were adopted in compliance compound the existing North-South divide in with the national Constitution.

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Accra III Agreement of the Government, which should address all re- As the Ivorian peace process continued to face maining legal reforms. The Ivorian parties were serious difficulties, numerous initiatives were urged to establish security conditions necessary taken in mid-2004 by international stakeholders for State administration and economic activities to defuse the tensions, the Secretary-General re- nationwide, and for the preparation of elections, ported [S/2004/697]. His Special Representative, and participate in the disarmament, demobiliza- Albert Tévoédjrè, consulted with the President, tion and reintegration programme. It was also de- other government leaders and those of Ivorian cided that a meeting of all the Ivorian political political parties on ways to overcome the impasse forces would be convened in Accra, Ghana, on 29 in the peace process, while the Prime Minister July to give impetus to the peace process. Prior to consulted with the “Coalition des Mar- that meeting, a number of confidence-building coussistes”. On 20 June, the Presidents of Ghana, measures were to be taken: President Gbagbo Nigeria and Togo and the ECOWAS Executive Sec- would meet with the leaders of all Ivorian politi- retary met with President Gbagbo in Abuja, Ni- cal forces; the National Assembly would adopt all geria, at an ECOWAS mini-summit at which strate- legal reforms envisaged under the Agreement gies for putting the Ivorian peace process back on before the end of July; the Joint Côte d’Ivoire— track were discussed. Following the summit, Burkina Faso and Côte d’Ivoire—Mali Commis- President Gbagbo, in a 21 June speech, an- sions would be reactivated; and the heads of State nounced his determination to remove all obsta- of Burkina Faso, Côte d’Ivoire and Mali would cles to the peace process and condemned attacks hold a tripartite meeting to prepare for the Accra against French citizens and UN personnel. He summit. encouraged the Government to submit all re- The high-level meeting on Côte d’Ivoire was maining draft laws under the Linas-Marcoussis held in Accra on 29 and 30 July, bringing to- Agreement to the National Assembly for adop- gether 13 African heads of State, President tion. Gbagbo and Prime Minister Diarra, and most of Following further diplomatic initiatives by the the leaders of the 10Ivorian political forces signa- President of Gabon, President Gbagbo met with tory to the Linas-Marcoussis Agreement. The the major Ivorian political forces, including the parties reached a consensus on addressing the “Coalition des Marcoussistes”, and separately key outstanding issues facing the peace process, with them on 29 and 30 June, in an attempt to and signed the Accra III Agreement on 30 July. restart the political dialogue. That meeting dis- The text of the Agreement was forwarded to cussed the return of the three dismissed minis- the Security Council on 2 August [S/2004/629] by ters to the Government of National Reconcilia- Ghana. tion and the delegation of powers from the The Accra III Agreement provided a frame- President to the Prime Minister. Forces nouvelles work and a timetable for the reactivation of the did not participate in the meeting, but indicated peace process, with a view to ensuring the full im- that it would abide by any agreement reached by plementation of the Linas-Marcoussis Agree- the other members of the Coalition. The AU ment. With regard to the revision of article 35 of Peace and Security Council (Addis Ababa, Ethio- the Constitution concerning eligibility to the pia, 4 July) [S/2004/561] welcomed the ECOWAS me- presidency, the parties agreed that President diation efforts to relaunch the peace and recon- Gbagbo should use his constitutional powers to ciliation process as well as the resumption of implement that provision by the end of Septem- dialogue between the President and the political ber. They also agreed that the National Assembly opposition, and urged the Forces nouvelles to re- should adopt, by the end of August, all legal re- join the negotiation process. forms envisaged under the Agreement. They On 6 July, the Secretary-General convened a committed themselves to the commencement of mini-summit on Côte d’Ivoire, on the sidelines of the disarmament, demobilization and reintegra- the third AU summit in Addis Ababa. Attended by tion process by 15 October, which should include the Presidents of Benin, Burkina Faso, Côte all paramilitary and militia groups. The parties d’Ivoire, Gabon, Ghana, Mali and Nigeria, the agreed on the need for a clear delegation of Prime Minister of Togo and the ECOWAS Execu- powers from the President to the Prime Minister, tive Secretary, the summit called on the Ivorian to urgently resume the work of the Government parties to increase efforts to overcome the politi- of National Reconciliation and to convene a cal impasse; restore the integrity of, and confi- meeting of the Council of Ministers. dence in, the Government of National Reconcili- The parties also committed themselves to co- ation; and dismantle all paramilitary and militia operating fully with the international commis- groups. The President and Prime Minister were sion of inquiry to investigate the human rights vi- called upon to resume the effective functioning olations perpetrated in Côte d’Ivoire since

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September 2002 (see p. 177) and on the urgent ent elections can be held, as agreed, before the end of need to establish the National Human Rights 2005. It reaffirms its complete readiness to take any Commission. They agreed to establish a tripar- appropriate measure against individuals who im- pede the full implementation of the Linas- tite monitoring group, comprising representa- Marcoussis Agreement. ECOWAS AU UNOCI tives of , the and , which would The Council takes note with profound concern of submit fortnightly reports on progress in imple- the preliminary results of the investigation led by the menting the Accra III Agreement to the ECOWAS United Nations Operation in Côte d’Ivoire of the and AU Chairpersons and to the UN Secretary- massacres that occurred in Korhogo. It reiterates its General. firm condemnation of all atrocities and violations of In a statement issued on 5 August [S/2004/641], human rights and international humanitarian law the EU welcomed the Accra III Agreement and committed in Côte d’Ivoire and in particular those that occurred in Abidjan on 25 and 26 March 2004. urged all the parties concerned to commit them- It reiterates its full support to the international selves to the full application of its provisions. commission of inquiry put in place by the United Nations High Commissioner for Human Rights in SECURITY COUNCIL ACTION (August) order to establish the facts and circumstances of the On 5 August [meeting 5018], following consulta- perpetration of violations of human rights and inter- tions among Security Council members, the Pres- national humanitarian law which have occurred in ident made statement S/PRST/2004/29 on be- Côte d’Ivoire since 19 September 2002, and, as far as possible, to identify their authors. It recalls that all half of the Council: persons responsible for such violations will be The Security Council welcomes the signing, on 30 brought to justice. It encourages the Ivorian parties July 2004 at Accra, by the President of the Republic of to establish without further delay, in accordance Côte d’Ivoire, Mr. Laurent Gbagbo, the Prime Minis- with the commitment they have undertaken, the Na- ter of the Government of National Reconciliation, tional Human Rights Commission provided for in Mr. Seydou Elimane Diarra, and all the political the Linas-Marcoussis Agreement. forces of Côte d’Ivoire, of an agreement (“the Accra The Council expresses its intention to continue to III Agreement”) that consolidates the implementa- follow closely developments in the situation in Côte tion of the Linas-Marcoussis process. The Council re- d’Ivoire and the implementation of the Linas- calls that it endorsed the Linas-Marcoussis Agree- Marcoussis Agreement. It emphasizes in this regard ment. It welcomes the resolute commitment of the the importance of the follow-up mechanism and African Heads of State and Government, in particu- looks forward to the regular reports provided for in lar of the Chairman of the Economic Community of the Accra III Agreement of 30 July 2004. In this re- West African States, Mr. John Agyekum Kufuor, gard, the Council requests the Secretary-General to President of the Republic of Ghana, and the Chair- keep it regularly informed of the implementation of person of the African Union, Mr. Olusegun commitments under the Accra III Agreement. Obasanjo, President of the Federal Republic of Nige- ria, as well as of the Secretary-General of the United President Gbagbo, in an address to his country Nations and the other participants in the summit held on 6 August [S/2004/632], expressed his Govern- in Accra on 29 and 30 July 2004, thanks to which the conclusion of the Accra III Agreement was made pos- ment’s intention to implement the Accra Agree- sible. ment. The Council welcomes the spirit of dialogue and responsibility shown by President Gbagbo and each Tripartite Monitoring Group of the Ivorian parties, who have clearly demon- strated their willingness to lead the political process The tripartite Monitoring Group, set up in ac- in Côte d’Ivoire to its completion. It welcomes the cordance with the Accra III Agreement to review concrete measures agreed upon by the signatories to progress in its implementation, issued seven re- the Accra III Agreement with a view to facilitating ports in 2004 covering the periods 1 to 31 August the full and comprehensive implementation of the [S/2004/667, S/2004/716], 1 to 15 September [S/2004/ Linas-Marcoussis Agreement and because of the se- 748], 15 to 30 September [S/2004/800], 1 to 15 Octo- rious threats, caused by the continuing crisis, which ber [S/2004/878], 15 to 30 October [S/2004/944] and persist against the territorial integrity of Côte 16 to 30 November [S/2004/976]. Developments d’Ivoire. It urges the parties to adhere strictly to the deadlines that have been fixed, in particular to settle from 1 to 17December and from 18 December to the issue of eligibility for the Presidency of the Re- the end of the year were detailed in a later report public and to begin disarmament, in accordance [S/2005/82]. (For details of the last three reports, with the Linas-Marcoussis Agreement, for all para- see p. 191.) military groups and militias and disband disruptive The Group reported, among the major devel- youth groups. opments, that the Council of Ministers met on The Council urges all parties to implement in good faith, without delays or preconditions, the obli- 9 August and issued decrees reinstating the three gations they have undertaken in signing the Accra dismissed ministers to their previous posts in III Agreement. It calls upon them, in particular, to the Government; appointing a new government remain committed so that open, free and transpar- spokesperson; and delegating power to the Prime

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Minister. The Group followed the status of im- authorized strength of 350, assisted the mixed plementation of the pertinent texts of legislation national force of gendarmes, comprising Ivorian and decrees envisaged under the Linas- internal security forces and Forces nouvelles ele- Marcoussis and Accra III Agreements, and, in its ments, in training and facilitated cooperation be- second report, included a timetable for the dis- tween the two sides. The UNOCI deployment had armament, demobilization and reintegration a generally positive impact on the security situa- programme and a table setting out progress in re- tion in the country, which had become more sta- spect of the legislative texts. The Group noted ble. However, violent incidents, mostly involving sharp divisions between the parties over appoint- rival factions of Forces nouvelles in the north, ments to the Independent Electoral Commis- various youth groups in Abidjan and militias in sion. In addition, the gridlock in the National As- other parts of the country, led to an increased sembly did not augur well for the remaining level of tension. The presence of mercenaries was legislation to be considered and adopted by the also reported in both northern and southern Assembly, as scheduled. The Group warned that areas. In the north, “unidentified” heavily armed the political atmosphere could lead to a revival of elements, allegedly supporters of Staff Sergeant animosities, which could erode commitment to Ibrahim Coulibaly, launched an attack against the Accra III Agreement. the military elements of Forces nouvelles sta- By mid-September, the Group reported that, tioned in the Korhogo area on 20 June, resulting while the legislative process was slow, some pro- in 11 civilian deaths. The same elements then at- gress was achieved in the disarmament, demobi- tacked the convoy of the Secretary-General of lization and reintegration programme. However, Forces nouvelles, Mr. Soro, but no injuries were the critical problem of identification had to be reported. Forces nouvelles issued a communiqué solved before that exercise could begin. It also accusing the attackers of receiving support from noted some encouraging developments in hu- President Gbagbo and Guinean President man rights, specifically, that checkpoints and the Lansana Conté. On 21 June, clashes between the number of arrests, detentions and disappear- rival factions of Mr. Soro and Mr. Coulibaly in ances had decreased. In the light of the stalemate Bouaké resulted in a series of summary execu- within the National Assembly and the trend of tions. On 25 and 26 June, sporadic shooting be- political debate over issues relating to implemen- tween rival factions of Forces nouvelles was again tation of the Agreements, the tripartite Monitor- reported in Korhogo. Mass graves discovered in ing Group recommended that consultations be Korhogo were investigated by UNOCI, which con- held with President Gbagbo and other political firmed the existence of three such graves con- stakeholders to ascertain the difficulties facing taining at least 99 bodies. The situation in them in regard to the passage of the relevant legal Abidjan was calm, with a strong presence of reforms, and with the four major Ivorian politi- FANCI and Ivorian security forces. FANCI rein- cal leaders (President Gbagbo, Mr. Soro, Mr. forced its positions along the southern edge of Konan Bedie, Mr. Alassane Ouattara) to find a the Zone of Confidence to track possible infiltra- solution to the controversy surrounding article tion by armed elements from the north. Western 35 of the Constitution. However, the situation re- areas of the country remained volatile, mainly mained deadlocked over the issues of constitu- owing to a large presence of Liberian and tional reform and disarmament. Burkinabé refugees. Tensions were also rising be- tween local military forces in both the north and UNOCI activities south and the impartial forces, particularly the Report of Secretary-General (August). On 27 French Licorne force. A positive development August [S/2004/697], the Secretary-General, in re- was the resumption on 16 August of the Quadri- sponse to Security Council resolution 1528(2004) partite Commission meetings of FANCI, Forces (see p. 173), issued his second report on UNOCI, nouvelles, ONUCI and the Licorne force. covering developments since his 2 June report, The human rights situation in Côte d’Ivoire including events leading to the 30 July signing of continued to be of serious concern. Grave viola- the Accra III Agreement (see p. 183). tions occurred in the north, following inter- With a troop strength of 5,877 as at 20 August, factional fighting within Forces nouvelles. In the UNOCI’s activities focused on patrolling, includ- Government-controlled area, the situation was ing border patrolling and guard duties, and liais- marked by reports of ethnic tensions, including ing with FANCI, the military elements of Forces harassment and intimidation of foreigners and nouvelles and the Licorne force. It coordinated civilians from the north by paramilitary and mili- with humanitarian and development agencies to tia groups and other disruptive youth groups. In facilitate the delivery of assistance. The civilian western areas, the situation was dominated by police force, which had 160 officers, out of an intercommunal conflict, with land ownership at

YUN04—6th proofs / OF July 24 2006 Africa 185 the core of tensions. That dispute led to the ex- conditions, the disarmament, demobilization clusion of foreign migrants, mainly from Mali, and reintegration process to which they both had Guinea and Burkina Faso, and northern ethnic committed themselves. They also called on mili- groups. On 22 June, OHCHR established the In- tary groups to disarm and on members of Parlia- ternational Commission of Inquiry to investigate ment to accelerate consideration of legislative re- human rights violations since September 2002, forms. which arrived in the country on 15 July to begin Communication. Mr. Gbagbo, in an address to its work. Progress was made in the public infor- Ivorians on 12 October [S/2004/817], said that he mation area with the mission’s radio station, cov- would submit to Parliament the draft amend- ering the greater Abidjan area, beginning regu- ment to article 35 of the Constitution on eligibil- lar broadcasts on 13 August. ity, as soon as disarmament began. He reported The humanitarian situation was complicated that the armed forces on both sides had declared by the internal displacement of an estimated themselves ready to begin disarmament on 15Oc- 800,000 persons, of whom 500,000 had yet to be tober and he appealed to the political leaders to resettled. Humanitarian agencies reported a play their part. near total collapse of the provision of basic serv- ices in health, water and sanitation, education Renewed hostilities and protection in the north. Some 70,000 Libe- Despite the general improvement in security rian refugees continued to live in Côte d’Ivoire, between September and mid-October, the situa- where they encountered hostility from local ex- tion remained tense in Man and around Guiglo tremist groups and some political leaders. where militias operated freely, the Secretary- The Secretary-General observed that the General reported [S/2004/962]. The level of co- Accra III Agreement, containing a framework for operation between FANCI and the military ele- implementation of the main provisions of the ments of Forces nouvelles also improved, culmi- Linas-Marcoussis Agreement, provided a clear nating in the adoption on 11 October of the road map for progress in the peace process. Some Yamoussoukro Joint Declaration, in which the progress had been made, although much re- parties reaffirmed an earlier decision not to re- mained to be done to meet the established dead- sume armed hostilities and their commitment to lines. Reminding the Ivorian parties of their commencing the disarmament process. How- personal responsibility for ensuring that the ever, the lack of progress in the peace process im- commitments made in Accra were carried out, he pacted on the military and security situation in also drew their attention to the Council’s stated Côte d’Ivoire, with both FANCI and Forces intention to consider appropriate, targeted meas- nouvelles increasing their states of alert. Ten- ures against individuals who obstructed the sions mounted as the deadline for the disarma- implementation of the Linas-Marcoussis Agree- ment process approached, and demonstrations ment. While the international community re- were held in three northern towns in early Octo- mained ready to assist the Ivorian parties to bring ber, targeting both UNOCI and Licorne troops. the crisis to an end, it looked to President Gbagbo On 26 October, Forces nouvelles claimed to have and the Ivorian leadership to ensure that pro- discovered a large quantity of weapons and am- gress was made in the peace process. munition in a truck entering Bouaké. That led to Security Council consideration. The Security the suspension two days later of their participa- Council was briefed on 27 September on the situ- tion in the Government of National Reconcilia- ation in Côte d’Ivoire by the Secretary-General’s tion. Forces nouvelles declared a “state of emer- Special Representative, Albert Tévoédjrè. In a 27 gency”, imposed a curfew in areas under its September press statement of its President control, withdrew from the disarmament, demo- [SC/8197-AFR/1036], Council members noted the re- bilization and reintegration process and an- sumption of the activities of the Government of nounced that all vehicles entering areas under its National Reconciliation, in accordance with the control, including UN and humanitarian vehi- commitments made at the Accra III summit (see cles, would be searched. p. 182), but expressed concern over the lack of On 4 November, FANCI launched a military progress in other key sectors. They underlined operation against Forces nouvelles positions in that the situation was not only holding back the Bouaké and Korhogo. In Abidjan, the so-called peace process in Côte d’Ivoire, but was also detri- “young patriots”, supporters of President mental to further progress in the subregion. The Gbagbo, forcibly tried to seize the residence of members exhorted President Gbagbo to do ev- Forces nouvelles ministers. Meanwhile, the office erything in his power to ensure the revision of ar- of the Prime Minister was seized by FANCI and ticle 35 of the Constitution, and exhorted Forces the staff expelled. The “young patriots” also ran- nouvelles to start as soon as possible, without pre- sacked the offices of the National Commission

YUN04—6th proofs / OF July 24 2006 186 Political and security questions for Disarmament, Demobilization and Reinte- resulted in fatalities and other casualties, as well as gration and those of the opposition parties, and the fatal air strikes in the north by the national armed burned and looted the offices of three major forces of Côte d’Ivoire, as violations of the ceasefire agreement of 3 May 2003. newspapers. Following the attacks, the Secretary- The Council further condemns any effort by any General of Forces nouvelles declared the Accra party to send forces through the Zone of Confi- III and the Linas-Marcoussis Agreements “null dence. and void”. The Council demands the immediate cessation of On 5 November, FANCI forces carried out ad- all military operations by all Ivorian parties and full ditional attacks against Forces nouvelles, result- compliance with the ceasefire agreement of 3 May ing in further deaths of civilians and soldiers. De- 2003. spite UNOCI efforts to prevent infiltration The Council expresses its full support for the through the zone of confidence, on 6 November action undertaken by French forces and the United large numbers of FANCI troops moved across the Nations Operation in Côte d’Ivoire. zone and clashed with Forces nouvelles in The Council confirms that French forces and the Sakassou, south of Bouaké, and in Bouaké itself. United Nations Operation in Côte d’Ivoire are authorized to use all necessary means to carry out Meanwhile, President Gbagbo informed the UN fully their mandate in accordance with its resolution Secretary-General that the military operations 1528(2004) of 27 February 2004. It confirms also that under way were “limited and targeted at the re- the United Nations Operation in Côte d’Ivoire, with- capture of specific towns”. On the same day, a in its capabilities and areas of deployment, is author- base of the French Licorne force was bombed, re- ized to prevent any hostile action, in particular with- sulting in the deaths of nine French soldiers and in the Zone of Confidence. one American citizen, and the wounding of 38 The Council strongly recalls the obligations of all French soldiers. The French forces responded by Ivorian parties, the Government of Côte d’Ivoire as well as the Forces nouvelles, to refrain from any vio- destroying the planes used by FANCI during the lence against civilians and to cooperate fully with the raids, and military helicopters on the ground in activities of the United Nations Operation in Côte Yamoussoukro. The Ivorian authorities accused d’Ivoire. The Council firmly reminds all parties of the Licorne force of a disproportionate use of the need to guarantee the security and freedom of force in response to a “mistake” by the Ivorian movement of all United Nations personnel. security and defence forces, as the Government The Council intends to examine rapidly further explained in a letter of 16 November [S/2004/910]. actions, including individual measures to be taken. The Ivorian authorities asked for an interna- tional inquiry into the French action. That action The AU Peace and Security Council, in a com- had also heightened tensions in Abidjan and muniqué on Côte d’Ivoire adopted on 8 Novem- other major towns, fuelled by messages broadcast ber [S/2004/896], urged the Government and the on State-run radio and television inciting hatred parties to exercise maximum restraint, desist and violence against French forces and citizens, from pronouncements that might incite hatred leading to violent demonstrations. Calm was re- and violence, and recommit themselves to dia- stored on 7 November, as FANCI troops were or- logue and negotiations. It supported the decision dered to withdraw to their positions south of the of the AU Chairperson to mandate President Zone of Confidence and President Gbagbo ap- Thabo Mbeki of South Africa to undertake a mis- pealed for calm and for demonstrators to return sion to the country to promote a political solu- to their homes. tion. The Secretary-General, on 6 November On 29 November [S/2004/931], Côte d’Ivoire [S/2004/886], sought the Security Council’s confir- provided its version of the events that took place mation that, in accordance with resolution 1528 from 4 to 10 November and called for the forces (2004) (see p. 173), UNOCI was authorized to use in the zone of confidence to be unified under the all necessary means within its capabilities and United Nations. areas of deployment to prevent any hostile action within the zone of confidence, where the UNOCI Arms embargo and the French forces were deployed. On 10 November [S/2004/895], the Gambia, on behalf of the African Group of States, expressed SECURITY COUNCIL ACTION (6 November) deep regrets over the events that had occurred in On 6 November [meeting 5072], following con- Bouaké since 4 November. The Group expressed sultations among Security Council members, the reservations about the proposed Security Coun- President made statement S/PRST/2004/42 on cil resolution recommending the imposition of behalf of the Council: punitive measures against Côte d’Ivoire as they The Security Council condemns the attack against were incompatible with the AU’s strategy of en- French forces in Bouaké on 6 November 2004 that gagement with all the parties concerned, and ap-

YUN04—6th proofs / OF July 24 2006 Africa 187 pealed to the Council that the AU be allowed more 4. Urges, as a consequence, the President of the Re- time for its diplomatic efforts to come to fruition. public of Côte d’Ivoire, the heads of all the Ivorian pol- itical parties and the leaders of the Forces nouvelles SECURITY COUNCIL ACTION (15 November) immediately to begin resolutely implementing all the commitments they have made under those agree- On 15 November [meeting 5078], the Security ments; Council unanimously adopted resolution 1572 5. Expresses its full support for the efforts of the (2004). The draft [S/2004/892] was submitted by Secretary-General, the African Union and the Eco- Chile, France, Germany, Romania, Spain, the nomic Community of West African States, and encour- United Kingdom and the United States. ages them to continue these efforts in order to re- launch the peace process in Côte d’Ivoire; The Security Council, 6. Demands that the Ivorian authorities stop all ra- Recalling its resolution 1528(2004) of 27 February dio and television broadcasting inciting hatred, intol- 2004, as well as the relevant statements by its President, erance and violence, requests the United Nations Op- in particular those of 5 August and 6 November 2004, eration in Côte d’Ivoire to strengthen its monitoring Reaffirming its strong commitment to the sovereignty, role in this regard, and urges the Government of Côte independence, territorial integrity and unity of Côte d’Ivoire and the Forces nouvelles to take all necessary d’Ivoire, and recalling the importance of the princi- measures to ensure the security and safety of civilian ples of good-neighbourliness, non-interference and persons, including foreign nationals and their prop- regional cooperation, erty; Recalling that it endorsed the agreement signed by 7. Decides that all States shall, for a period of thir- the Ivorian political forces at Linas-Marcoussis, teen months from the date of adoption of the present France, on 23 January 2003 (the Linas-Marcoussis resolution, take the necessary measures to prevent the Agreement) and approved by the Conference of Heads direct or indirect supply, sale or transfer to Côte of State on Côte d’Ivoire, held in Paris on 25 and d’Ivoire from their territories or by their nationals, or 26 January 2003, and the agreement signed at Accra on using their flag vessels or aircraft, of arms or any re- 30 July 2004 (the Accra III Agreement), lated materiel, in particular military aircraft and Deploring the resumption of hostilities in Côte equipment, whether or not these originated in their d’Ivoire and the repeated violations of the ceasefire territories, as well as the provision of any assistance, agreement of 3 May 2003, advice or training related to military activities; Deeply concerned by the humanitarian situation in 8. Decides also that the measures imposed by para- Côte d’Ivoire, in particular in the northern part of the graph 7 above shall not apply to: country, and by the use of the media, in particular ra- (a) Supplies and technical assistance intended dio and television broadcasts, to incite hatred and vio- solely for the support of or use by the United Nations lence against foreigners in Côte d’Ivoire, Operation in Côte d’Ivoire and the French forces sup- Strongly recalling the obligations of all Ivorian par- porting them; ties, the Government of Côte d’Ivoire as well as the (b) Supplies of non-lethal military equipment in- Forces nouvelles, to refrain from any violence against tended solely for humanitarian or protective use, and civilians, including against foreign citizens, and to co- related technical assistance and training, as approved operate fully with the activities of the United Nations in advance by the Committee established pursuant to Operation in Côte d’Ivoire, paragraph 14 below; Welcoming the ongoing efforts of the Secretary- (c) Supplies of protective clothing, including flak General, the African Union and the Economic Com- jackets and military helmets, temporarily exported to munity of West African States towards re-establishing Côte d’Ivoire by United Nations personnel, represen- peace and stability in Côte d’Ivoire, tatives of the media and humanitarian and develop- Determining that the situation in Côte d’Ivoire con- ment workers and associated personnel for their per- tinues to pose a threat to international peace and sonal use only; security in the region, (d) Supplies temporarily exported to Côte d’Ivoire Acting under Chapter VII of the Charter of the to the forces of a State which is taking action, in accord- United Nations, ance with international law, solely and directly to facili- 1. Condemns the air strikes committed by the na- tate the evacuation of its nationals and those for whom tional armed forces of Côte d’Ivoire, which constitute it has consular responsibility in Côte d’Ivoire, as noti- flagrant violations of the ceasefire agreement of 3 May fied in advance to the Committee established pursuant 2003, and demands that all Ivorian parties to the con- to paragraph 14 below; flict, the Government of Côte d’Ivoire as well as the (e) Supplies of arms and related materiel and tech- Forces nouvelles, fully comply with the ceasefire; nical training and assistance intended solely for the 2. Reiterates its full support for the action undertaken support of or use in the process of restructuring de- by the United Nations Operation in Côte d’Ivoire and fence and security forces pursuant to paragraph 3 (f) of French forces in accordance with their mandate under the Linas-Marcoussis Agreement, as approved in ad- its resolution 1528(2004) and with the statement by its vance by the Committee established pursuant to para- President of 6 November 2004; graph 14 below; 3. Emphasizes again that there can be no military so- 9. Decides further that all States shall take the neces- lution to the crisis and that the full implementation of sary measures, for a period of twelve months, to pre- the Linas-Marcoussis Agreement and the Accra III vent the entry into or transit through their territories Agreement remains the only way to resolve the crisis of all persons designated by the Committee estab- persisting in the country; lished pursuant to paragraph 14 below who constitute

YUN04—6th proofs / OF July 24 2006 188 Political and security questions

a threat to the peace and national reconciliation pro- nancial assets and economic resources may be used to cess in Côte d’Ivoire, in particular those who block the satisfy that lien or judgement, provided that the lien or implementation of the Linas-Marcoussis and Accra III judgement was entered prior to the date of the present Agreements, any other person determined to be re- resolution, is not for the benefit of a person referred to sponsible for serious violations of human rights and in paragraph 11above or an individual or entity identi- international humanitarian law in Côte d’Ivoire on the fied by the Committee, and has been notified by the basis of relevant information, any other person who relevant States to the Committee; publicly incites hatred and violence, and any other 13 . Decides that, at the end of a period of thirteen person determined by the Committee to be in violation months from the date of adoption of the present reso- of the measures imposed by paragraph 7 above, pro- lution, the Security Council shall review the measures vided that nothing in the present paragraph shall imposed by paragraphs 7, 9 and 11 above, in the light oblige a State to refuse entry into its territory to its own of progress accomplished in the peace and national nationals; reconciliation process in Côte d’Ivoire as defined by 10. Decides that the measures imposed by para- the Linas-Marcoussis and Accra III Agreements, and graph 9 above shall not apply where the Committee es- expresses its readiness to consider the modification or tablished pursuant to paragraph 14 below determines termination of those measures before the aforesaid pe- that such travel is justified on the grounds of humani- riod of thirteen months only if the Linas-Marcoussis tarian need, including religious obligation, or where and Accra III Agreements have been fully imple- the Committee concludes that an exemption would mented; further the objectives of the resolutions of the Council, 14 . Decides also to establish, in accordance with for peace and national reconciliation in Côte d’Ivoire rule 28 of its provisional rules of procedure, a Com- and stability in the region; mittee of the Security Council consisting of all the 11. Decides also that all States shall, for the same pe- members of the Council (the Committee), to under- riod of twelve months, freeze immediately the funds, take the following tasks: other financial assets and economic resources that are (a) To designate the individuals and entities subject in their territories on the date of adoption of the pres- to the measures imposed by paragraphs 9 and 11 ent resolution or at any time thereafter, that are owned above, and to update that list regularly; or controlled directly or indirectly by the persons des- (b) To seek from all States concerned, and particu- ignated pursuant to paragraph 9 above by the Commit- larly those in the region, information regarding the ac- tee established pursuant to paragraph 14below, or that tions taken by them to implement the measures im- are held by entities owned or controlled directly or in- posed by paragraphs 7, 9 and 11 above, and whatever directly by any persons acting on their behalf or at their further information it may consider useful, including direction, as designated by the Committee, and de- by providing them with an opportunity to send repre- cides further that all States shall ensure that any funds, sentatives to meet with the Committee to discuss in financial assets or economic resources are prevented more detail any relevant issues; from being made available by their nationals or by any (c) To consider and decide upon requests for the persons within their territories to or for the benefit of exemptions set out in paragraphs 8, 10 and 12 above; such persons or entities; 12. Decides further that the provisions of para- (d) To make relevant information publicly available graph 11 above do not apply to funds, other financial through appropriate media, including the list of per- assets and economic resources: sons referred to in subparagraph (a) above; (a) That have been determined by relevant States to (e) To promulgate guidelines as may be necessary be necessary for basic expenses, including payment for to facilitate the implementation of the measures im- foodstuffs, rent or mortgage, medicines and medical posed by paragraphs 11 and 12 above; treatment, taxes, insurance premiums and public util- (f) To present regular reports to the Council on its ity charges, or exclusively for payment of reasonable work, with its observations and recommendations, in professional fees and reimbursement of incurred ex- particular on ways to strengthen the effectiveness of penses associated with the provision of legal services, the measures imposed by paragraphs 7, 9 and 11above; or fees or service charges, in accordance with national 15. Requests all States concerned, in particular those laws, for routine holding or maintenance of frozen in the region, to report to the Committee, within funds, other financial assets and economic resources, ninety days of the date of adoption of the present reso- after notification by the relevant States to the Commit- lution, on the actions they have taken to implement the tee established pursuant to paragraph 14 below of the measures imposed by paragraphs 7, 9 and 11 above, intention to authorize, where appropriate, access to and authorizes the Committee to request whatever fur- such funds, other financial assets and economic re- ther information it may consider necessary; sources and in the absence of a negative decision by the 16. Urges all States, relevant United Nations bodies Committee within two working days of such notifica- and, as appropriate, other organizations and inter- tion; ested parties, to cooperate fully with the Committee, (b) That have been determined by relevant States to in particular by supplying any information at their dis- be necessary for extraordinary expenses, provided that posal on possible violations of the measures imposed such determination has been notified by the relevant by paragraphs 7, 9 and 11 above; States to the Committee and has been approved by the 17. Expresses its determination to consider without de- Committee; or lay further steps to ensure the effective monitoring (c) That have been determined by relevant States to and implementation of the measures imposed by para- be the subject of a judicial, administrative or arbitral graphs 7, 9 and 11 above, in particular the establish- lien or judgement, in which case the funds, other fi- ment of a panel of experts;

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18. Requests the Secretary-General to submit a report and with Burkina Faso’s President on 13 Novem- to the Council by 15 March 2005, drawing on informa- ber. Following further meetings in Pretoria on 20 tion from all relevant sources, including the Govern- and 21 November with the Secretary-General of ment of National Reconciliation in Côte d’Ivoire, the United Nations Operation in Côte d’Ivoire, the Eco- Forces nouvelles, President Mbeki returned to nomic Community of West African States and the Afri- Côte d’Ivoire on 2 December for a four-day visit canUnion,onprogressmadetowardsthegoalsde- to meet with the Ivorian parties and examine pro- scribed in paragraph 13 above; posals for the resumption of the peace process. 19 . Decides that the measures imposed by para- During that visit, the parties agreed on a plan of graphs 9 and 11 above shall enter into force on 15 De- action for resuming the peace process. cember 2004, unless the Council shall determine be- In other developments, on 14November, Pres- fore then that the signatories to the Linas-Marcoussis and Accra III Agreements have implemented all their ident Obasanjo of Nigeria, in his capacity as AU commitments under the Accra III Agreement and are Chairperson, convened a summit in Abuja, at- embarked towards full implementation of the Linas- tended by six regional heads of State, which Marcoussis Agreement; urged all Ivorian parties to observe the ceasefire 20. Decides also to remain actively seized of the mat- and called on the international community to ter. stop the flow of arms to the country. On 18 November, for the first time since the The Council, by a 6 December note of its Pres- outbreak of hostilities, the Council of Ministers ident [S/2004/950], agreed that Gunter Pleuger met under the chairmanship of President (Germany) would serve, from 6 to 31 December Gbagbo. None of the Forces nouvelles ministers 2004, as Chairman of the Security Council Com- attended. The meeting examined draft legisla- mittee established pursuant to resolution 1572 tion to enact the reforms envisaged under the (2004) (above) concerning Côte d’Ivoire. The Linas-Marcoussis Agreement. The second ordi- Committee held its first meeting on 6 December nary session of the National Assembly resumed [SC/8261-AFR/1077]. on 29 November. The National Commission for Disarmament, End-of-year developments Demobilization and Reintegration indicated that Report of Secretary-General (December). some 30,000 ex-combatants would participate in The Secretary-General, on 9 December, issued the programme, including 26,000 from Forces his third progress report on UNOCI [S/2004/962 & nouvelles, of which 3,000 were children. How- Add.1], covering developments since his 27 August ever, the programme did not commence as report (see p. 184). He continued to report a lack scheduled in October because Forces nouvelles of progress in the implementation of the peace was not prepared to disarm in the absence of pro- agreements, which was further complicated by gress in the adoption of key constitutional and le- the launching of a military operation by FANCI in gal reforms. The rehabilitation of the disarma- early November (see p. 185). Following the out- ment, demobilization and reintegration sites in break of hostilities, actions by the AU, ECOWAS the south were completed, while those in the and the United Nations focused on the restora- north were not, due to continued protests and tion of calm and security and on facilitating a re- lack of authorization for access. The programme sumption of dialogue among the Ivorian parties. continued to face severe financial difficulties. On 7 November, President Gbagbo appealed However, France had provided 1 million euros, for calm and for demonstrators to return to their which enabled the programme to begin in the homes, and the next day, UNOCI and FANCI re- eastern region. sumed joint patrols, both of which contributed to On 15 October, the International Commission a reduction of tensions. The Ivorian authorities of Inquiry, established under the Linas- reported that 57 people were killed during the Marcoussis Agreement to investigate all serious November disturbances. Some 9,000 expatriates violations of human rights and humanitarian law left the country, and a number of UN staff were perpetrated in Côte d’Ivoire since 19 September relocated to Accra, Ghana. Throughout the cri- 2002, submitted its report to the United Nations sis, UNOCI troops maintained contacts with both High Commissioner for Human Rights. It was FANCI and Forces nouvelles. subsequently circulated to the Ivorian parties sig- On 9 November, President Mbeki of South Af- natory to that Agreement for their comments and rica led an AU mission to Abidjan aimed at bring- was finalized and submitted to the Secretary- ing about a resumption of the peace process. The General on 19 November for transmission to the mission held discussions with President Gbagbo Security Council (see p. 177). During the crisis, and other leaders. On 11 November, President the UNOCI public information unit increased its Mbeki held further consultations in Pretoria, monitoring and analysis of daily media and South Africa, with several opposition leaders, launched a public information strategy focusing

YUN04—6th proofs / OF July 24 2006 190 Political and security questions on countering disinformation, propaganda and underlines that it will monitor with vigilance their media broadcasts inciting hatred, intolerance full implementation. and violence. The Council reaffirms its conviction that the full implementation of resolution 1572(2004) is a key ele- The Secretary-General observed that the No- ment in ensuring that all Ivorian parties commit vember crisis had strained UNOCI’s capacity to themselves fully to the implementation of the peace implement its mandate. As an emergency meas- and national reconciliation process in Côte d’Ivoire, ure, he recommended that the mission be rein- and deplores the fact that the signatories to the forced by an additional infantry battalion of 850 Linas-Marcoussis Agreement and the Accra III military personnel to act as a reserve force to be Agreement have not implemented by 15 December stationed in Abidjan. It would be reinforced by 2004 all their commitments under the Accra III an additional aviation unit of both attack and Agreement. The Council underlines that any failure by any light helicopters and 270 support personnel, as Ivorian party to respect its commitments made to well as a small-boat unit of 30 personnel. He also President Mbeki would constitute a threat to the im- proposed the deployment of an additional 76 plementation of the peace and national reconcilia- personnel to provide protection to ministers of tion process as defined in the Linas-Marcoussis and the Government, bringing the level of the gen- Accra III Agreements, and recalls in this regard the darme unit to 282. Those adjustments would in- measures referred to in paragraphs 9 and 11of reso- lution 1572(2004). crease the total UNOCI force to 7,466 military per- The Council requests the Committee established sonnel. A formed police unit of 125 personnel pursuant to resolution 1572(2004) to continue its was also recommended to assist in protecting of work, taking fully into account the developments in UNOCI headquarters and a level 1+ military med- the peace process in Côte d’Ivoire arising from the ical facility for emergency requirements. facilitation efforts undertaken by the African Union. In an addendum to the report [S/2004/962/ In addition, the Council demands that all Ivorian Add.1], the Secretary-General informed the Coun- parties stop all incitement to violence and hatred in cil that the financial implications arising from the broadcast, written and other media, and calls upon the Committee to monitor this closely without delay. reinforcement of UNOCI was estimated, on a full- The Council also demands that all Ivorian parties cost basis, at some $27.3 million for the period ensure freedom of the press and unlimited access to ending 30 June 2005. information throughout Côte d’Ivoire. Communication. Côte d’Ivoire, on 21 Decem- The Council expresses its intention to consider ber [S/2004/988], commented on and raised objec- without delay further steps to ensure the effective tions to some of the statements in the Secretary- monitoring and implementation of the arms em- General’s report, which, it said, failed to take into bargo imposed by resolution 1572(2004). account several relevant concerns on the ground The Council expresses its appreciation to the Spe- cial Representative of the Secretary-General for Côte and to address those expressed by the Ivorian d’Ivoire, Mr. Albert Tévoédjrè, for his unsparing President and Government well before its prep- efforts to support the restoration of a durable peace aration. Côte d’Ivoire had called for a Security in Côte d’Ivoire under challenging circumstances. Council meeting on France’s “reprisals” and for an international inquiry to be conducted into the Later developments. In a later report [S/2005/ events of 4 to 10 November (see p. 185). It also 186], the Secretary-General said that President urged that the French Licorne force be placed Gbagbo’s decision in late December to ban street under UNOCI command. marches and demonstrations in Abidjan for three months helped calm the situation in the SECURITY COUNCIL ACTION (December) city, but the security situation in the country as a On 16 December [meeting 5103], following con- whole remained very tense. sultations among Security Council members, the Before the completion of its extraordinary ses- President made statement S/PRST/2004/48 on sion in late December, the National Assembly behalf of the Council: adopted most of the major legislative reforms The Security Council commends the efforts made (the amendment to the Citizenship Code, the by the African Union and, in particular, the personal Special Law on Naturalization and the law con- involvement of Mr. Thabo Mbeki, President of the senting to a proposed amendment to articles 35 Republic of South Africa, to promote dialogue and and 55 of the Constitution) envisaged in the relaunch the peace and national reconciliation pro- Linas-Marcoussis Agreement, which were subse- cess in Côte d’Ivoire. It expresses its full support for quently promulgated. In that context, the Assem- the facilitation mission undertaken by President Mbeki on behalf of the African Union. bly’s adoption of the amendment to article 35 of The Council welcomes the encouraging prospects the Constitution relating to eligibility of candi- resulting from these efforts and the commitments dates for the presidency was a significant step for- made by all Ivorian parties, demands that all Ivorian ward. However, Mr. Gbagbo had repeatedly parties fully comply with their commitments, and stated his intention to submit the proposed

YUN04—6th proofs / OF July 24 2006 Africa 191 amendment to a national referendum. That posi- the confusion and uncertainties in the general tion was challenged by the opposition parties. political and social situation had scuttled any The G-7, a group of opposition political parties, local initiatives for restoring dialogue among the further claimed that some of the legislation was Ivorian political actors. The ongoing consulta- not in conformity with the Linas-Marcoussis tions by President Mbeki (see p. 189) were the Agreement and called for the revision of those only glimmer of hope in the prevailing circum- laws. The Assembly also adopted a new law on the stances, and it was in the interest of the interna- press and one on audio-visual communication. A tional community to support that AU initiative. presidential decree was issued on 24 December In the report covering activities from 1 to 17 changing the status of the Ivorian Radio and December [S/2005/82], the Group provided infor- Television into a State-owned company. mation on the broad outlines agreed upon by the Communication. On 20 December [S/2004/987], Ivorian parties under the five clusters proposed Côte d’Ivoire informed the Security Council that by the AU facilitation mission (2-6 December): the the basic laws called for under the Linas- legislative programme; disarmament, demobili- Marcoussis and Accra III Agreements were ap- zation and reintegration; functioning of the Gov- proved by the National Assembly on 17 Decem- ernment of National Reconciliation; creating a ber, and that other related bills would be con- climate conducive to free political activity and the cluded on 31 December. Côte d’Ivoire reiterated functioning of State institutions; and restoration President Gbagbo’s position that the amendment of social services and redeployment of adminis- to article 35 required approval in a national refer- tration throughout the country. Under the pro- endum. Drawing attention to article 127 of the gramme of action, the parties agreed that the Constitution which stated that no amendment Government would forward to the National As- procedure might be initiated so long as the integ- sembly all outstanding legislative texts envisaged rity of the national territory was threatened, it under the Linas-Marcoussis Agreement. All par- said that, while President Gbagbo wished to fin- ties agreed that the disarmament, demobilization ish amending article 35, adherence to the rule of and reintegration programme would start imme- law and the Constitution required that the diately and would be carried out in the context of country be reunified so that the amendment the Agreement reached earlier at Yamoussoukro could be put to a referendum. among the military Quadripartite Commission. Monitoring Group (December). On 2 Decem- Implementation would be the responsibility of ber [S/2004/944], the Secretary-General for- the National Commission for Disarmament, De- warded to the Security Council the sixth and sev- mobilization and Reintegration, although Forces enth reports of the tripartite Monitoring Group nouvelles insisted that only UNOCI should carry established under the Accra III Agreement, out the exercise in zones under its control. It was covering the periods from 15 to 30 October and agreed that all ministers of the Government from 1 to 15 November. The Group noted that should return to their posts and work as a team. the deadline of 15 October passed without the However, security had to be improved for their commencement of the disarmament, demobili- safety. To enhance general security, the parties zation and reintegration programme, underscor- agreed on joint patrols by FANCI and UNOCI; the ing the failure of the parties to implement the “young patriots” should be encouraged to get off time frame set under that Agreement. Further- the streets; restoration of the regular manage- more, the conditions for the organization of the ment of the national television company; and elections had not been met. The FANCI military an end to the hate campaign in the media. It was operations in early November, followed by retal- also agreed that measures would be taken pro- iatory action by the Licorne force, which de- gressively to urgently restore social services and stroyed much Ivorian military equipment, led to public utilities. rising tensions. The resumption of armed hostil- ities had complicated, if not scuttled, the initia- UNOCI financing tives that were ongoing in search of a way out of the Ivorian crisis. By mid-November, the atmos- The Secretary-General submitted the UNOCI phere for negotiations was confused even as re- budget for the period from 4 April to 30 June ports of consultations and good offices might 2004 and from 1 July 2004 to 30 June 2005, which have otherwise given hope for some compromise. amounted to a total of $502,354,400 ($101,061,200 The situation had not changed much by the and $401,293,200, respectively) [A/58/788]. end of the month, as the Monitoring Group ACABQ, in its report [A/58/806] on the proposed observed in its eighth report [S/2004/976],cover- budget, recommended that the total be reduced ing the period from 16 to 30 November. While by $205,339,700, bringing the total figure to the overall military situation had calmed down, $297,014,700, due to delayed deployment rates

YUN04—6th proofs / OF July 24 2006 192 Political and security questions

for military and other personnel and the vacancy sentative of the Secretary-General posts and provide rates in authorized posts. detailed information thereon in the next budget sub- mission; GENERAL ASSEMBLY ACTION (June) 8. Takes note of paragraphs 26 to 28 of the report of the Advisory Committee, and requests the Secretary- On 18 June [meeting 91], the General Assembly, General to ensure that the functions assigned to the on the recommendation of the Fifth Committee Deputy Special Representatives of the Secretary- [A/58/831], adopted resolution 58/310 without General are performed consistent with the mandate of vote [agenda item 167]. the Operation, until such time as the General Assem- bly is able to take a decision on the revised organiza- Financing of the United Nations tional structure; Operation in Côte d’Ivoire 9. Requests the Secretary-General to take all neces- The General Assembly, sary action to ensure that the Operation is adminis- Having considered the report of the Secretary- tered with a maximum of efficiency and economy; General on the financing of the United Nations Oper- 10. Also requests the Secretary-General, in order to ation in Côte d’Ivoire and the related report of the Ad- reduce the cost of employing General Service staff, to visory Committee on Administrative and Budgetary continue efforts to recruit local staff for the Operation Questions, against General Service posts, commensurate with the Recalling Security Council resolution 1528(2004) of requirements of the Operation; 27 February 2004, by which the Council established the United Nations Operation in Côte d’Ivoire for an Budget estimates for the period initial period of twelve months as from 4 April 2004, from 4 April to 31 December 2004 Recognizing that the costs of the Operation are ex- 11. Authorizes the Secretary-General to establish a penses of the Organization to be borne by Member special account for the United Nations Operation in States in accordance with Article 17, paragraph 2, of Côte d’Ivoire for the purpose of accounting for the in- the Charter of the United Nations, come received and expenditure incurred in respect of Reaffirming the general principles underlying the fi- the Operation; nancing of United Nations peacekeeping operations, 12. Decides to appropriate to the Special Account as stated in General Assembly resolutions 1874(S-IV) for the United Nations Operation in Côte d’Ivoire the of 27 June 1963, 3101(XXVIII) of 11 December 1973 amount of 96,368,100 United States dollars for the pe- and 55/235 of 23 December 2000, riod from 4 April to 30 June 2004 for the establish- Mindful of the fact that it is essential to provide the ment of the Operation, inclusive of the amount of Operation with the necessary financial resources to 49,943,300 dollars previously authorized by the Advi- enable it to fulfil its responsibilities under the relevant sory Committee under the terms of section IV of Gen- resolution of the Security Council, eral Assembly resolution 49/233 A of 23 December 1. Expresses concern at the financial situation with re- 1994; gard to peacekeeping activities, in particular as re- 13 . Decides also to appropriate to the Special Ac- gards the reimbursements to troop contributors that count for the Operation the amount of 211,101,400 dol- bear additional burdens owing to overdue payments lars, inclusive of 200,646,600 dollars for the mainte- by Member States of their assessments; nance of the Operation for the period from 1 July to 31 2. Also expresses concern at the delay experienced by December 2004, 8,547,300 dollars for the support ac- the Secretary-General in deploying and providing ade- count for peacekeeping operations and 1,907,500 dol- quate resources to some recent peacekeeping missions, lars for the United Nations Logistics Base for the pe- in particular those in Africa; riod from 1 July 2004 to 30 June 2005; 3. Emphasizes that all future and existing peace- keeping missions shall be given equal and non- Financing of the appropriation discriminatory treatment in respect of financial and 14 . Decides further to apportion among Member administrative arrangements; States the amount of 96,368,100 dollars for the Opera- 4. Also emphasizes that all peacekeeping missions tion for the period from 4 April to 30 June 2004, in ac- shall be provided with adequate resources for the cordance with the levels set out in General Assembly effective and efficient discharge of their respective resolution 55/235, as adjusted by the Assembly in its mandates; resolution 55/236 of 23 December 2000 and updated 5. Reiterates its request to the Secretary-General to in its resolution 58/256 of 23 December 2003, taking make the fullest possible use of facilities and equip- into account the scale of assessments for 2004, as set ment at the United Nations Logistics Base at Brindisi, out in its resolution 58/1 B of 23 December 2003; Italy, in order to minimize the costs of procurement for 15. Decides that, in accordance with the provisions the Operation; of its resolution 973(X) of 15 December 1955, there 6. Endorses the conclusions and recommendations shall be set off against the apportionment among contained in the report of the Advisory Committee on Member States, as provided for in paragraph 14 above, Administrative and Budgetary Questions, and requests their respective share in the Tax Equalization Fund of the Secretary-General to ensure their full implementa- 766,900 dollars, representing the estimated staff as- tion, subject to the provisions of the present resolution; sessment income approved for the Operation for the 7. Requests the Secretary-General to review the or- period from 4 April to 30 June 2004; ganizational and management structures of the Opera- 16. Decides also to apportion among Member States tion and, in this regard, to pay particular attention to the amount of 200,646,600 dollars for the Operation the level and functions of the Deputy Special Repre- for the period from 1 July to 31 December 2004, in ac-

YUN04—6th proofs / OF July 24 2006 Africa 193 cordance with the scheme set out in paragraph 14 Financing of the United Nations Operation above; in Côte d’Ivoire 17. Decides further that, in accordance with the provi- The General Assembly, sions of its resolution 973(X), there shall be set off Having considered the report of the Secretary- against the apportionment among Member States, as General on the financing of the United Nations Oper- provided for in paragraph 16 above, their respective ation in Côte d’Ivoire and the related report of the Ad- share in the Tax Equalization Fund of 3,588,000 dol- visory Committee on Administrative and Budgetary lars, representing the estimated staff assessment in- Questions, come approved for the Operation for the period from Recalling Security Council resolution 1528(2004) of 1 July to 31 December 2004; 27 February 2004, by which the Council established 18. Decides to apportion among Member States the the United Nations Operation in Côte d’Ivoire for an amount of 8,547,300 dollars for the support account initial period of twelve months as from 4 April 2004, and the amount of 1,907,500 dollars for the United Recalling also its resolution 58/310 of 18 June 2004 Nations Logistics Base for the period from 1 July 2004 on the financing of the Operation, to 30 June 2005, in accordance with the scheme set out Reaffirming the general principles underlying the fi- in paragraph 14 above and taking into account the nancing of United Nations peacekeeping operations, scale of assessments for 2004 and 2005, as set out in its as stated in General Assembly resolutions 1874(S-IV) resolution 58/1 B; of 27 June 1963, 3101(XXVIII) of 11 December 1973 19 . Decides also that, in accordance with the provi- and 55/235 of 23 December 2000, sions of its resolution 973(X), there shall be set off Mindful that it is essential to provide the Operation against the apportionment among Member States, as with the necessary financial resources to enable it to provided for in paragraph 18 above, their respective fulfil its responsibilities under the relevant resolution share in the Tax Equalization Fund of 1,354,700 dol- of the Security Council, lars for the period from 1 July 2004 to 30 June 2005, 1. Takes note of the status of contributions to the comprising the prorated share of 1,247,300 dollars of United Nations Operation in Côte d’Ivoire as at 30 the estimated staff assessment income approved for September 2004, including the contributions out- the support account and the prorated share of 107,400 standing in the amount of 201.2 million United States dollars of the estimated staff assessment income ap- dollars, representing some 66 per cent of the total as- proved for the United Nations Logistics Base; sessed contributions, notes with concern that only 20. Emphasizes that no peacekeeping mission shall thirty-one Member States have paid their assessed con- be financed by borrowing funds from other active tributions in full, and urges all other Member States, peacekeeping missions; in particular those in arrears, to ensure payment of 21. Encourages the Secretary-General to continue to their outstanding assessed contributions; take additional measures to ensure the safety and 2. Expresses its appreciation to those Member States security of all personnel under the auspices of the which have paid their assessed contributions in full, United Nations participating in the Operation; and urges all other Member States to make every possi- 22. Invites voluntary contributions to the Operation ble effort to ensure payment of their assessed contribu- in cash and in the form of services and supplies accept- tions to the Operation in full; able to the Secretary-General, to be administered, as 3. Expresses concern at the financial situation with appropriate, in accordance with the procedure and regard to peacekeeping activities, in particular as re- practices established by the General Assembly; gards the reimbursements to troop contributors that 23. Decides to include in the provisional agenda of bear additional burdens owing to overdue payments its fifty-ninth session the item entitled “Financing of by Member States of their assessments; the United Nations Operation in Côte d’Ivoire”. 4. Also expresses concern at the delay experienced by the Secretary-General in deploying and providing ade- quate resources to some recent peacekeeping missions, On 23 August [A/59/289], the Secretary-General in particular those in Africa; submitted the UNOCI budget for the period from 5. Emphasizes that all future and existing peace- 1 July 2004 to 30 June 2005, which amounted to keeping missions shall be given equal and non- $384,350,400 and superseded the budgetary pro- discriminatory treatment in respect of financial and posals for the same period set out earlier (see administrative arrangements; p. 191). 6. Also emphasizes that all peacekeeping missions shall be provided with adequate resources for the ACABQ, in its report [A/59/419 & Corr.1], recom- effective and efficient discharge of their respective mended a reduction of $5,877,600 from the pro- mandates; posed budget, for a total amount of $378,472,800 7. Reiterates its request to the Secretary-General to gross ($372,129,600 net), inclusive of the make the fullest possible use of facilities and equip- $200,646,600 already appropriated under As- ment at the United Nations Logistics Base at Brindisi, sembly resolution 58/310 (above). Italy, in order to minimize the costs of procurement for the Operation; GENERAL ASSEMBLY ACTION (October) 8. Endorses the conclusions and recommendations contained in the report of the Advisory Committee on On 29 October [meeting 46], the General Assem- Administrative and Budgetary Questions, subject to bly,on the recommendation of the Fifth Commit- the provisions of the present resolution; tee [A/59/529], adopted resolution 59/16 without 9. Authorizes the Secretary-General to fill the fol- vote [agenda item 154]. lowing posts at appropriate grades until 30 June 2005:

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Director in the Office of the Special Representative provided for in paragraph 15 above, their respective of the Secretary-General; share in the Tax Equalization Fund of 1,316,374 dol- Special Assistant to the Special Representative; lars, representing the estimated staff assessment in- Two Protocol Officers (one Professional and one Na- come approved for the Operation for the period from tional Officer); 5 April to 30 June 2005; Deputy Special Representative for Humanitarian 17. Emphasizes that no peacekeeping mission shall Coordination, Recovery and Reconstruction; be financed by borrowing funds from other active Principal Legal Adviser; peacekeeping missions; Chief of the Communications and Public Informa- 18. Encourages the Secretary-General to continue to tion Office; take additional measures to ensure the safety and Spokesperson; security of all personnel under the auspices of the and requests the Secretary-General to re-justify these United Nations participating in the Operation; posts in his next budget with additional information 19 . Invites voluntary contributions to the Operation on appropriate grades; in cash and in the form of services and supplies accept- 10. Requests the Secretary-General to take all neces- able to the Secretary-General, to be administered, as sary action to ensure that the Operation is adminis- appropriate, in accordance with the procedure and tered with a maximum of efficiency and economy; practices established by the General Assembly; 11. Also requests the Secretary-General, in order to 20. Decides to keep under review during its fifty- reduce the cost of employing General Service staff, to ninth session the item entitled “Financing of the continue efforts to recruit local staff for the Operation United Nations Operation in Côte d’Ivoire”. against General Service posts, commensurate with the requirements of the Operation; On 23 December, the Assembly, by decision Budget estimates for the period 59/552, decided that the agenda item on UNOCI from 1 July 2004 to 30 June 2005 financing would remain for consideration dur- 12. Decides to appropriate to the Special Account ing its resumed fifty-ninth (2005) session. for the United Nations Operation in Côte d’Ivoire the amount of 177,826,200 dollars for the maintenance of the Operation for the period from 1 July 2004 to 30 June 2005, in addition to the amount of 200,646,600 Liberia dollars already appropriated for the maintenance of Liberia’s political transition showed measured the Operation for the period from 1 July to 31 Decem- progress in 2004, as efforts intensified to imple- ber 2004 under the terms of General Assembly resolu- ment the 2003 Comprehensive Peace Agreement tion 58/310; [YUN 2003, p. 192] concluded by Liberia’s Govern- Financing of the appropriation ment, the two main rebel groups (the Liberians 13 . Decides also to apportion among Member States United for Reconciliation and Democracy the amount of 92,864,793 dollars for the Operation for (LURD) and the Movement for Democracy in Li- the period from 1 January to 4 April 2005, in addition to the amount of 200,646,600 dollars already appor- beria (MODEL)), 18 political parties and civil soci- tioned for the period from 1 July to 31 December 2004 ety leaders. That Agreement, which ended the under the terms of its resolution 58/310, in accordance war and provided for the establishment of a Na- with the levels set out in General Assembly resolution tional Transitional Government, was monitored 55/235, as adjusted by the Assembly in its resolution by three mechanisms: the Joint Monitoring Com- 55/236 of 23 December 2000, and updated in its reso- mittee, chaired by the Force Commander of the lution 58/256 of 23 December 2003, taking into ac- United Nations Mission in Liberia (UNMIL), count the scale of assessments for 2005, as set out in its resolution 58/1 B of 23 December 2003; which assessed the compliance by armed groups 14 . Decides further that, in accordance with the pro- with the ceasefire; the Implementation Monitor- visions of its resolution 973(X) of 15 December 1955, ing Committee, chaired by ECOWAS and charged there shall be set off against the apportionment among with monitoring and ensuring implementation Member States, as provided for in paragraph 13 above, of the Agreement; and the International Contact their respective share in the Tax Equalization Fund of Group on Liberia. UNMIL, established in 2003 1,438,826 dollars, representing the estimated addi- with an authorized strength of 15,000, continued tional staff assessment income approved for the Oper- ation for the period from 1 January to 4 April 2005; to observe and monitor the implementation of 15. Decides to apportion among Member States the the agreed ceasefire, assist in developing canton- amount of 84,961,407 dollars at a monthly rate of ment sites and disarming combatants, monitor 29,637,700 dollars for the period from 5 April to 30 disengagement and cantonment, and facilitate June 2005, in accordance with the scheme set out in delivery of humanitarian aid. As at 1 December paragraph 13 above, and taking into account the scale 2004, the Mission’s strength stood at 14,541 of assessments for 2005, as set out in its resolution troops and 1,104 civilian police. 58/1 B, subject to a decision of the Security Council to extend the mandate of the Operation; Throughout 2004, UNMIL made progress in sta- 16. Decides also that, in accordance with the provi- bilizing Liberia and providing assistance to create sions of its resolution 973(X), there shall be set off the security conditions for the full implementation against the apportionment among Member States, as of the Agreement. The deployment of its troops in

YUN04—6th proofs / OF July 24 2006 Africa 195 all areas brought relative calm and security that fa- tation of the other aspects of its mandate, was cilitated the delivery of humanitarian assistance deployed throughout the country,with the excep- and progress towards the restoration of State au- tion of the area along the border with Côte thority. On 31 October, the disarmament and de- d’Ivoire in Grand Gedeh and Maryland counties. mobilization of armed forces was completed, and During the reporting period, there was general the armed factions were formally disbanded. By compliance with the ceasefire in most of the the end of the year, further progress was made, in- country, except for reports of minor violations by cluding the commencement of the repatriation of all three armed groups (LURD, MODEL and for- refugees and the resettlement of internally dis- mer Government of Liberia forces) outside the placed persons. State authority was extended to capital, including illegal checkpoints and spo- most counties and the new Liberian National Po- radic shooting, as well as the harassment of civil- lice Service was strengthened through recruitment ians, extortion and looting. Security in areas and training, with UN assistance. Despite those where UNMIL had deployed improved and achievements, many challenges remained, in armed groups in those areas generally respected particular the limitations on the capacity of the the ban on the public display of arms. National Transitional Government to deliver The Joint Monitoring Committee continued to basic services and to extend civil administration monitor the ceasefire, maintain dialogue among throughout the entire country. The electoral re- the armed groups and facilitate contacts between form bill was held up due to disagreement on the UNMIL and ground commanders of the three fac- allocation of seats in the future legislative assem- tions. It held six meetings during the reporting bly,and disagreements within the LURD leadership period to discuss ceasefire violations, prepara- complicated negotiations among the parties on tions for disarmament, demobilization, reinte- power sharing. gration and repatriation, and efforts to retrieve However, the peace process encountered seri- looted vehicles from the armed factions. UNMIL ous setbacks, especially the outbreak of violence pressed the factions to submit lists of their com- in Monrovia from 28 to 31 October, apparently batants, indicating their locations and military fueled by ethnic divisions and exploited by for- equipment. MODEL and forces of the former mer combatants. The security situation re- Government of Liberia forces indicated that they mained relatively calm, although it was marred were finalizing nominal lists, while LURD had yet by an increasing number of incidents of mob to provide a response. violence and armed robberies. The Implementation Monitoring Committee The Security Council considered the reports met on 4 March to review preparations for re- of its two subsidiary bodies established to assess launching the disarmament, demobilization, re- the effectiveness of its arms embargo, diamond integration and repatriation process. UNMIL, and timber sanctions against Liberia, and a ban ECOWAS and the International Contact Group on on travel of individuals deemed to be harmful to Liberia were also working to advance the peace the peace process, and those of the Panel of Ex- process, calling on all parties to refrain from perts appointed to advise on compliance with action that could jeopardize the work of the Na- those sanctions. While noting that the Transi- tional Transitional Government, and to turn to tional Government had made progress in meet- the politics of dialogue and accommodation. ing the conditions for lifting the measures, in The National Transitional Legislative Assem- particular diamond and timber sanctions, the bly completed the nomination of 19 of the 23 Council determined that much remained to be ministerial positions as allocated by the Agree- done to fulfil the conditions for lifting the sanc- ment. However, the issue of appointments to 84 tions and therefore decided to renew the meas- assistant ministerial positions not provided for ures. It also imposed further measures against under the Agreement continued to be a source of former President Charles Taylor and his immedi- tension between some leaders of the armed fac- ate family. tions and Chairman Charles Gyude Bryant of the National Transitional Government. By early Peace-building efforts March, the Transitional Government submitted Report of Secretary-General (March). In re- 66 nominations to the Transitional Legislative sponse to Security Council resolution 1509(2003) Assembly for those posts, but none had been for- [YUN 2003, p. 194], the Secretary-General, on 22 mally confirmed. The approval process was also March [S/2004/229], issued his second progress re- complicated by a leadership struggle within port on UNMIL, covering the period since his pre- LURD. vious report of 15 December 2003 [YUN 2003, The situation in Liberia further heightened p. 197]. The Mission, whose task was to stabilize the tension in the region, and Chairman Bryant paid country and create conditions for the implemen- visits to Guinea and Sierra Leone to help revive

YUN04—6th proofs / OF July 24 2006 196 Political and security questions cooperation among the Mano River Union (MRU) faced such problems as insufficient prison facili- countries. A meeting of the Force Commanders ties, untimely processing of cases and a lack of of UNMIL, UNAMSIL and MINUCI was held in security. Abidjan on 13 February to discuss regional as- UNMIL assisted the Transitional Government pects of conflicts, including military coordina- to prepare for the re-establishment of State au- tion in addressing cross-border activities. The thority throughout the country. Progress was Secretary-General’s Special Representatives for made in meeting civil servants’ salary arrears, but Liberia, Côte d’Ivoire, Sierra Leone, Guinea- most ministries still lacked operational facilities, Bissau and West Africa met in Dakar from 18 to having been looted during the fighting in 21 February to review and address cross-border Monrovia in 2003. UNMIL assisted ministries and issues, such as the movement of combatants, the other governmental institutions to develop plans use of mercenaries, the circulation of small arms for restructuring and enhancing their opera- and the repatriation of foreign combatants. The tional capacities and for restoring civil adminis- International Contact Group on Liberia, in a tration in the interior of the country. Its civil af- statement issued following its 5 February meet- fairs officers helped to resolve disputes over ing, urged all States in the subregion to prevent illegally occupied dwellings and land restitution. their territories from being used by armed ele- The human rights and protection component ments to destabilize their neighbours and to worked with the gender unit in building the strengthen subregional cooperation. It urged capacity of the Ministry of Gender and Develop- UNMIL, the Transitional Government and the ment. It also assisted the Transitional Govern- leadership of the warring parties to contain all ment in preparing draft legislation for the estab- Liberian fighters within the territory of Liberia lishment of the Truth and Reconciliation to enable the peace process in neighbouring Commission and other human rights legislation. countries to succeed. The Mission’s public information component The disarmament, demobilization and reinte- promoted the peace process through UNMIL Ra- gration process, which was suspended in Decem- dio, working with national and international me- ber 2003 [YUN 2003, p. 199], was revived at a meeting dia. held on 15 January 2004 among UNMIL, the fac- With the deployment of UNMIL outside tion commanders, the Transitional Government, Monrovia, humanitarian access to vulnerable UN agencies and other stakeholders. The meet- populations in the interior of the country im- ing agreed that the programme would be contin- proved. About 12,000 refugees from neighbour- gent on the implementation of a sensitization ing countries returned home spontaneously, rais- campaign for combatants; provision by the three ing protection concerns in those parts of the armed factions of lists of their combatants, loca- country where UNMIL had not been deployed. tions and weapons; the establishment of canton- The Office of the United Nations High Commis- ment sites; and adequate deployment of UNMIL sioner for Refugees (UNHCR) led the overall pro- troops to provide security. The TechnicalCoordi- gramme for the eventual return and resettlement nation Committee completed the operational of refugees and other displaced persons. How- plans for the disarmament and demobilization ever, the humanitarian situation in the camps for process and identified disarmament and canton- internally displaced persons around Monrovia, ment sites, in conjunction with UNMIL. The Gov- hosting some 250,000 people, was dire. Between ernment arranged for the distribution of rice November 2003 and January 2004, UN agencies to combatants, for which UNMIL provided logisti- and NGOs relocated about 25,000 internally dis- cal assistance. As at 5 March, $11.3 million in placed persons from shelters in Monrovia back to pledges had been made to the UNDP Trust Fund their homes or to recognized camps. An esti- for disarmament demobilization, reintegration mated 10,000 internally displaced persons had and repatriation, of which $8 million had been spontaneously returned from camps to areas that received, but additional funds were urgently were relatively accessible, such as Bomi, Bong, needed. Margibi and Grand Cape Mount counties. How- The UNMIL civilian police worked to re- ever, they all faced problems of lack of housing, establish police services where the police had food, tools for farming and poor infrastructure. been forced to withdraw for security reasons. It A number of UN aid agencies were working to also conducted joint force patrols to locations meet those challenges. throughout the country. On 12 January, UNMIL By early March, UNMIL had undertaken over launched a training programme for a Liberian 50 quick-impact projects in Monrovia utilizing interim police force of 400 officers. The civilian local contractors, and another 45 projects were police consulted with justice officials to improve under review, mainly in the education, health, conditions in the correctional system, which water and sanitation areas. Support was made

YUN04—6th proofs / OF July 24 2006 Africa 197 available by UNDP, the World Bank and UNICEF, The International Contact Group on Liberia among others. A results-focused transition frame- met in London on 11May to assess progress made work addressing Liberia’s short- to medium-term in the Liberian peace process. It recognized the reconstruction and development needs was pre- need for a subregional approach to resolving sented at the International Reconstruction Con- many of the issues at hand and, to that end, pro- ference for Liberia (New York, 5-6 February), posed that the Group’s mandate be expanded to where $522 million was pledged for relief and re- cover not only Liberia but also the wider construction. subregional issues. The Secretary-General concluded that not- Both the National Transitional Government withstanding the difficulties encountered in and the National Transitional Legislative Assem- launching the disarmament, demobilization, re- bly were making sincere efforts to carry out their integration and repatriation programme, signifi- responsibilities. The major issue of appoint- cant progress was made in improving security, fa- ments to the Transitional Government, which cilitating the delivery of humanitarian assistance had strained relations between Chairman Bryant and implementing the peace process. He empha- and the armed factions and made it difficult for sized the need for the parties to work together the Transitional Government to function, was constructively and refrain from jeopardizing the largely resolved. The process of confirming functioning of the National Transitional Govern- nominees to the 81assistant ministerial and other ment. He added that there were still many diffi- executive positions began, and the 21-member cult challenges requiring careful management, Cabinet was formally sworn in on 23 March. and the Implementation Monitoring Committee However, two seats in the Legislative Assembly would have to play a more central role in the com- remained vacant because of ongoing disagree- ing months to facilitate dialogue among the ments among the stakeholders in Grand Kru parties and in helping to overcome any obstacles county and the All Liberian Coalition Party. to the peace process. On 15 April, UNMIL re-launched the disarma- ment, demobilization, rehabilitation and reinte- Security Council consideration. On 29 March gration programme at a cantonment site in [S/2004/328], the Under-Secretary-General for Gbarnga for LURD combatants. Additional can- Peacekeeping Operations briefed the Security tonment sites were opened in Buchanan (for Council during consideration of the Secretary- MODEL), in Tubmanburg (for LURD) and near General’s report. Council members welcomed Monrovia (for former government forces). Disarm- the significant progress made towards improving ament commenced on 6 May for ex-Government security in Liberia, while recognizing that much of Liberia militias at Kakata and the next day in more remained to be done, especially disarma- the Buchanan cantonment site initially used for ment, demobilization, reintegration and repatri- MODEL combatants, without major problems. ation, one of the biggest challenges ahead. They However, on 17 May, riots erupted in Monrovia noted that the increased stability in the country when a group of armed ex-Government of Libe- should encourage the Government to extend ria combatants, demanding to be transported to a State authority throughout Liberia. cantonment site to be disarmed, were informed Report of Secretary-General (May). In May that they were scheduled to undergo the process [S/2004/430 & Corr.1], the Secretary-General, up- at a later stage. UNMIL troops and civilian police dating the information on Liberia since his had to intervene to prevent the situation from es- March report (see p. 196), indicated that UNMIL calating. As at 18 May, 17,485 combatants had was able to move into areas previously controlled been disarmed since 15 April, bringing the over- by LURD elements along the Guinea-Liberia all total to nearly 31,000 since December 2003, border and along Liberia’s borders with Sierra out of an anticipated caseload of 53,000. Some Leone and Côte d’Ivoire. The ceasefire contin- 14,368weapons were also surrendered, but there ued to hold, although the security situation re- were signs that some of the heavy weapons were mained fragile, mainly because the disarmament not being turned in, while others were being process was yet to be completed. Intra-faction dis- smuggled across Liberia’s borders. Modalities putes, particularly within LURD, created tension were being finalized for the voluntary reintegra- and resulted in some shooting incidents. The tion and repatriation of foreign combatants to Joint Monitoring Committee held five meetings their countries of origin, with particular atten- during the reporting period and noted that, tion to the special needs of women and children while fighting among the armed groups had al- associated with the fighting forces. With disarm- most completely ended, intra-faction disputes ament and demobilization components of the and criminal activities remained a serious threat programme on track, UNMIL and others con- to security. cerned turned their focus to the reintegration as-

YUN04—6th proofs / OF July 24 2006 198 Political and security questions pects of the programme, in collaboration with a ing countries were of concern as they negatively number of agencies, including UN agencies, the impacted on the Liberian peace process. United States Agency for International Develop- The improved security situation and the re- ment, the EU and NGOs. sumption of the disarmament process had en- In the security sector, the registration of Libe- abled humanitarian agencies and human rights rian law enforcement personnel was proceeding groups to extend their activities to formerly inac- on schedule. The process, due to be completed by cessible areas, and displaced people and refugees September, had enabled, as at 1 May, 3,492 mem- were returning to their former homes. UNMIL bers of the Liberian National Police to be regis- also assisted in the restoration of the judicial tered. UNMIL provided training for 530 officers. system and prisons, with 17 courts being A Rule of Law Implementation Committee was reconstituted in the Monrovia area. established to coordinate the reform of the po- The Special Representative observed that lice, the judiciary and correctional institutions. It there were numerous challenges ahead, as pro- was formulating a strategy for the reform and re- gress was still fragile. Ensuring weapons hand- structuring of the police force, renamed the Li- over remained a priority. Until the disarmament, berian Police Service. UNMIL also worked on demobilization, reintegration and repatriation problems facing the legal and judicial system, in- programme and the troop deployment process cluding rehabilitation work on the infrastructure were completed, inter- and intra-factional con- of the Temple of Justice in Monrovia and coordi- flicts might persist in remote parts of the nating plans for opening circuit and magistrates country. The capacity of the Transitional Gov- courts. ernment to deliver services and extend its author- ity throughout the country also remained very UNMIL continued to work with the Liberian limited. However, he anticipated no major set- authorities to formulate and execute a compre- back in efforts to bring peace and stability to Li- hensive strategy for the return of government of- beria. ficials to their areas of authority. A task force for the restoration of civil authority was established Security Council mission. The Security Coun- to formulate a gradual deployment of govern- cil mission to West Africa (see p. 169), which vis- ment officials to all counties. ited Liberia on 24 June, reported on 2 July [S/2004/525] that it was impressed by the progress As preparations for elections continued, an as- made there since the National Transitional Gov- sessment mission was sent to Liberia in April to ernment took office and UNMIL deployment in develop proposals on the UN role in supporting October 2003. It recognized, however, that the that process. The assessment team drew up pro- challenges of reconstruction and peace-building posals for the reform of the electoral system and were so great that the international community a possible time line of activities. It recommended would have to remain engaged for some time to that a meeting be held as soon as possible with all come. The mission identified several immediate signatories to the Agreement to clarify issues priorities for Liberia, the most urgent of which such as voter education and registration, was establishing security, particularly in view of constituency delimitation and polling. reports of cross-border movements. The mission Security Council consideration. The Security recommended that UNMIL pay particular atten- Council, at a 3 June meeting [meeting 4981] to con- tion to monitoring Liberia’s external borders. To sider the Secretary-General’s third progress re- help establish government authority throughout port on UNMIL (see p. 197), was briefed by the the country, it recommended that the remaining Special Representative of the Secretary-General UNMIL civilian personnel, including human for Liberia, Jacques Paul Klein. He reported that rights officers, be deployed as soon as possible. It progress had been made in deploying troops welcomed the United States assistance in military throughout Liberia, disarming armed groups training. The mission encouraged donors to pro- and restructuring the law and order institutions, vide financial and technical support for election which had exceeded the Mission’s expectations. preparations and underlined the importance of UNMIL’s deployment throughout Liberia had helping women to participate in those elections. greatly improved security along its porous bor- It also urged donors to disburse quickly the ders. The United Nations was pleased that the pledges made at the international donors’ confer- United States had offered to take the lead in as- ence on Liberia in February (see p. 915). sisting and advising the National Transitional In regard to sanctions imposed against Liberia Government on the restructuring of the army. (see p. 204) by Security Council resolution 1521 Meanwhile, UNMIL was preparing a draft restruc- (2003) [YUN 2003, p. 208], the mission reiterated the turing scheme, and a draft defence policy was Council’s wish to see sanctions ended as soon as being reviewed. Developments in the surround- the conditions outlined in that resolution were

YUN04—6th proofs / OF July 24 2006 Africa 199 met. It clarified that the diamond ban could be The third phase of the disarmament and de- lifted once Liberia had a transparent and inter- mobilization programme commenced, with dis- nationally verifiable diamond certification armament carried out in several remote border scheme, thus paving the way for the country to areas, and new cantonment sites opened in join the Kimberley Process for diamond certifi- Zwedru (for MODEL) and Ganta (for the former cation (see p. 57). The mission recommended Government of Liberia forces). Operations at the that the Government continue efforts to achieve cantonment sites in Gbarnga (for LURD) and Bu- the goals in its action plan on timber, including chanan (for MODEL) concluded in July. As at 30 the transparent management of government rev- August, a total of 71,000 combatants had been enues. It also recommended that the Council disarmed since December 2003. UNMIL had reg- consider the Special Representative’s proposal istered 530 foreign combatants, most of whom that UNMIL play a more active role in monitoring were from Guinea, Sierra Leone and Côte sanctions. d’Ivoire. UNMIL worked with UN and other The mission encouraged the Government to agencies to strengthen linkages between the rein- combat corruption and to explore ways of attract- tegration of ex-combatants and internally dis- ing private investment, in conjunction with do- placed persons and refugees who returned to nors and development partners. The mission their communities. recommended that UNMIL continue to coordi- UNMIL also worked with the Liberian National nate with other UN missions in the subregion to Police Service in recruiting and training police develop a more effective response to cross-border officers. Through quick-impact projects, it problems, such as the movements of arms and helped to facilitate the rehabilitation and reopen- mercenaries and human trafficking. ing of the law school, and provided legal support The Council considered the mission’s visit and to committees and organizations to build ca- report at meetings held on 30 June and 16 July pacity for good governance, transparency and [meetings 5000 & 5005]. the supremacy of the rule of law. It also worked Report of Secretary-General (September). with the juvenile justice system by collaborating The Secretary-General, in his 10 September re- with national counterparts, through education port on UNMIL [S/2004/725], covering develop- and legal reform initiatives. UNMIL developed, in ments in Liberia since his 26 May report (see collaboration with others, training programmes p. 197), said that the overall security situation re- for justices of the peace, magistrates and circuit mained calm, although there were a few minor and specialized court judges, and strengthened skirmishes and incidents, primarily related to the the correctional system. intra-faction dispute within LURD. Disarmament Some progress was made towards the restora- was nearing completion and UNMIL continued tion of State authority throughout the country. searches to curb the illegal movement of weapons UNMIL assisted the national Task Force for the across the country. In July, a large quantity of Restoration of State Authority in the Ministry of arms and ammunition was confiscated during Internal Affairs in developing and implementing checkpoint and search-and-seizure operations in a nationwide programme for that purpose, and central Liberia. The Mission also continued to helped in the deployment of immigration and conduct land and air patrols to monitor the situa- customs officials to border crossing points. tion along the borders. At the same time, there UNMIL civil affairs officers were deployed to all was an increase in minor crimes and civil unrest, 15counties, where they supported the restoration particularly in Monrovia, where many disarmed of State authority and the revival of government ex-combatants had moved. However, the security institutions, including negotiating with mem- situation around the city had improved overall, bers of the armed factions to ensure that they primarily owing to the presence of UNMIL troops vacated State-owned buildings. and joint patrols by UNMIL civilian police and the ECOWAS, UNMIL and the National Elections Liberian National Police throughout the capital. Commission, at a meeting on 31 May, agreed that The patrols quelled demonstrations by ex- the Commission would be responsible for con- combatants and others, which at times turned vi- ducting elections and that the United Nations olent. Criminal activity and violent incidents also would take the lead in coordinating all electoral increased in some areas in the interior, partially assistance for the Commission. At subsequent linked to growing frustration among combatants meetings, the Commission determined that there still awaiting the commencement of the disarma- was general consensus that the local elections ment and demobilization programme in outlying would take place after the presidential and legis- counties and those awaiting the start of the reha- lative elections in October 2005 and after the bilitation and reintegration programme in their elected government had taken office. On 30 Au- chosen communities. gust, the Commission submitted the draft elec-

YUN04—6th proofs / OF July 24 2006 200 Political and security questions toral reform legislation to the National Transi- for measures against any individuals engaged in activi- tional Legislative Assembly. Voter registration ties aimed at undermining peace and stability in was expected to begin in April 2005. Liberia and the subregion, 1. Decides to extend the mandate of the United The Secretary-General, while noting the pro- Nations Mission in Liberia until 19 September 2005; gress made in stabilizing Liberia and in creating 2. Calls upon all Liberian parties to demonstrate the security conditions for implementation of the their full commitment to the peace process and to Comprehensive Peace Agreement, said that he work together to ensure that free, fair and transparent remained concerned about the capacity of the elections take place as planned no later than October National Transitional Government to deliver ba- 2005; sic services and extend civil administration 3. Calls upon the international community to re- spond to the continuing need for funds for the criti- throughout the country. Protracted disputes, in- cally important rehabilitation and reintegration phase cluding over claims by some ministers that indi- and to fulfil pledges made at the International Recon- viduals from their respective factions should be struction Conference on Liberia, held in New York on nominated to key government and parastatal 5 and 6 February 2004; positions, had hindered the functioning of the 4. Requests the Secretary-General through his Spe- Transitional Government, as had the continuing cial Representative to continue to report periodically to divisions within LURD. Liberia was entering the the Council on the progress made by the Mission in the rehabilitation and reintegration phase of the dis- implementation of its mandate; 5. Decides to remain actively seized of the matter. armament, demobilization, reintegration and re- patriation programme, a vital element in the pro- The United States, speaking in explanation of cess of ensuring durable peace and in enhancing its vote, said that its policy was to ensure that its subregional security. There were some 70,000 ex- armed services participating in UN peace opera- combatants seeking to benefit from the reinte- tions were protected from criminal prosecution gration programme, which was experiencing a or other assertion of jurisdiction by the Interna- funding shortfall. In the light of the new phase of tional Criminal Court. Normally, it would seek UNMIL operations, focusing on rehabilitation express provisions providing such protection for and reintegration, the restoration of State personnel from States not party to the Rome Stat- administration nationwide, the strengthening of ute establishing the Court [YUN 1998,p. 1209].How- the rule-of-law institutions, promotion of recov- ever, the United States maintained sufficient bi- ery and reconstruction, and the organization of lateral protections with Liberia to facilitate its elections, the Secretary-General recommended continued participation in UNMIL, absent such that the UNMIL mandate be extended for 12 express provisions (see p. 198). months, until 19 September 2005. Report of Secretary-General (December). The Secretary-General, on 17 December [S/2004/ SECURITY COUNCIL ACTION (September) 972], issued his fifth progress report on UNMIL, On 17 September [meeting 5036], the Security covering developments in Liberia since his 10 Council unanimously adopted resolution 1561 September report (see p. 199). During that pe- (2004). The draft [S/2004/740] was prepared in riod, progress was made in implementing the consultations among Council members. Comprehensive Peace Agreement, including the The Security Council, completion of disarmament and demobilization Recalling its previous resolutions and statements by on 31 October, the formal disbandment of the its President on Liberia, including its resolutions armed factions on 3 November, the commence- 1497(2003) of 1 August 2003 and 1509(2003) of 19 Sep- ment of the repatriation of refugees on 1 October tember 2003 and the statement by its President of and the resettlement of internally displaced per- 27 August 2003, and other relevant resolutions and sons on 8 November. State authority was ex- statements, tended to several additional counties and the Welcoming the report of the Secretary-General of 10 September 2004 and its recommendations, training of recruits for the new Liberian National Recognizing the critical role the Economic Com- Police Service continued. munity of West African States continues to play in the At the same time, the peace process encoun- Liberian peace process, and welcoming the support tered several major challenges, in particular an and continued engagement of the African Union and outbreak of violence in Monrovia from 28 to 31 its close coordination with the Economic Community October, resulting in destruction of property and of West African States and the United Nations, loss of life, continued disputes among the LURD Noting the substantial progress made to date in the disarmament phase of the programme of disarma- leadership, violent demonstrations by various ment, demobilization, rehabilitation and reintegration disaffected groups and slow progress in the rein- of ex-combatants, tegration of ex-combatants. Progress was also Recalling that its resolutions 1521(2003) of 22 De- hampered by the limited capacity of the National cember 2003 and 1532(2004) of 12 March 2004 provide Transitional Government to provide social serv-

YUN04—6th proofs / OF July 24 2006 Africa 201 ices and consolidate State authority, disputes vember. As at 1 December, the Supreme Court among the former armed factions regarding the had yet to rule on the matter. (See section on distribution of government posts, and delays in sanctions.) the passage of the electoral reform bill. Divisions within LURD deepened on 27 Octo- Early reports of the October disturbances indi- ber, when one faction unilaterally elected new ex- cated that a land dispute might have triggered ecutive members for LURD. At the intervention of the rioting, which rapidly assumed ethnic and re- the Special Representative and regional leaders, ligious dimensions involving members of the pre- the leadership of the two opposing LURD factions dominantly Mandingo ethnic group. The situa- were brought together at a 30 October meeting, at tion was exploited by disgruntled combatants which a memorandum of understanding was awaiting reintegration, loyalists of former Pres- signed for transforming LURD into a political ident Charles Taylor and some elements of the movement; however, feuding flared up again opposing factions within LURD. A number of reli- shortly thereafter. gious, commercial and residential properties Meanwhile, there were growing signs of public were destroyed during the uprising and 19 peo- dissatisfaction with the limited progress of the ple killed. UNMIL initially responded to the riots Government in improving basic living condi- by deploying its civilian police and Liberian po- tions. Several protests occurred linked to low or lice units, but as the situation escalated, its troops delayed payment of salaries, labour disputes, had to undertake robust action to bring it under poor teaching conditions and high registration control. The continuing disagreement among fees for high school students. splinter groups within LURD posed serious prob- Following the completion of the disarmament lems for the peace process, and there were re- and demobilization exercise, which officially ports that some members were attempting to un- ended on 31 October, 48 commanders from the seat Chairman Bryant and unravel the peace three armed factions handed in their weapons process. To guard against the derailment of the and demobilized on 2 November. The next day, peace process, UNMIL, in a meeting with other in- the three armed factions signed a joint declara- ternational partners on 13 and 15 October, tion attesting to the completion of disarmament agreed that the National Transitional Govern- and demobilization and acknowledging the ces- ment should be encouraged to address the griev- sation of their military existence with the dis- ances of the population, specifically: paying civil bandment of their forces and command struc- servants’ salary arrears; instituting measures to tures. As at 1 December, a total of 101,449 address corruption; ensuring transparency in the combatants had been disarmed and demobilized, management of public funds; and improving including over 22,000 women and nearly 11,000 communication with the public. It urged the Na- children, and 27,892 weapons and 33,000 pieces tional Transitional Government to consult civil of heavy munitions and unexploded ordnance society groups, and Chairman Bryant to convene had been collected. UNMIL continued to make regular Cabinet meetings so as to ensure trans- payments to the demobilized combatants, but parency and inclusiveness in decision-making. implementation of an effective rehabilitation On 18 October, the Implementation Monitor- and reintegration programme for those ex- ing Committee issued a press statement warning combatants remained a major challenge. UNMIL the Liberian factions that the international com- also initiated discussions with neighbouring munity would not allow any disruption of the countries on the repatriation of disarmed com- functioning of the National Transitional Govern- batants who had identified themselves as nation- ment, including the unseating of Chairman als of those States. Bryant, and drawing attention to the measures Some progress was made in the restoration of provided for in Security Council resolutions State authority. During the reporting period, 1521(2003) [YUN 2003, p. 208] and 1532(2004) (see Chairman Bryant submitted for confirmation p. 204) that would be taken against any individual the names of eight nominees for county superin- undermining peace and stability in Liberia and tendent posts. UNMIL, in collaboration with the subregion. On 19 October, the Minister of UNDP, facilitated the establishment of District Justice announced that the National Transitional Development Councils to enhance community Government had commenced legal action to participation in local projects and governance. freeze the economic assets of the former Com- Meanwhile, the United Nations Office for Proj- missioner of the Maritime Bureau, Benoni Urey, ect Services assisted in the development of a na- and the former Finance Minister, Emmanuel tional plan for reconstruction, including rehabil- Shaw. However, following a legal petition by the itation of the free port area in Monrovia. UNMIL two men, the Liberian Supreme Court ordered a also assisted the Government with the deploy- suspension of the freeze until a hearing on 2 No- ment of officials, particularly at the border entry

YUN04—6th proofs / OF July 24 2006 202 Political and security questions points. However, the deployed officials’ ability essential to counter the threat they posed to to function was hampered by a lack of adequate security and stability. facilities and equipment. UNMIL civil affairs county coordinators continued to support the UNMIL financing restoration of State authority and the revival of government institutions. 2003/04 financial arrangements and performance The National Transitional Legislative Assem- In a 12 May note [A/58/792] on financing ar- bly reached its full strength of 76 members, with rangements for UNMIL for the period from 1 Au- the 12 October election of the representative for gust 2003 to 30 June 2004, the Secretary-General Grand Kru county, thereby fulfilling another reported that, as at 30 March 2004, expenditures provision of the Comprehensive Peace Agree- incurred by UNMIL amounted to $237,837,300 ment. The electoral reform bill had not been gross ($237,260,700 net), or 42 per cent of the adopted due to disagreement on the basis to be $564,494,300 gross ($560,733,400 net) appropri- used for allocating seats (either on the number of ated by the General Assembly for that period to registered voters or on actual population fig- the Special Account for UNMIL in resolution ures). The delay hindered preparations for the 58/261 A [YUN 2003, p. 200]. It was anticipated that October 2005 elections. the remainder would be fully utilized and that an additional $114,494,300 would be needed for the On 1 October, UNHCR, in collaboration with budget, as States had been apportioned for only the Government, began to facilitate the voluntary $450,000,000. The Assembly was also requested repatriation of Liberian refugees from neigh- to approve the reduction in the estimated staff as- bouring countries, estimated to total nearly sessment income from $5,210,000 as apportioned 100,000 by the end of the year. That action fol- to $3,760,900. lowed the signing of agreements between UNHCR On 20 December [A/59/624], the Secretary- and Liberia, Sierra Leone, Côte d’Ivoire, Ghana General issued a performance report on the and Guinea, providing the legal framework for UNMIL budget for the period from 1 August 2003 repatriation. In addition, it was estimated that to 30 June 2004. Actual expenditure amounted there were more than 260,000 internally dis- to $548,178,700, a variance of 2.9 per cent, leav- placed persons in Liberia. UN organizations, ing an unencumbered balance of $16,315,600. such as WFP, FAO, UNICEF, WHO and the United Nations Human Settlements Programme (UN- 2004/05 budget estimates Habitat) increased their deployment throughout the country to bring humanitarian aid to those On 22 March [A/58/744], the Secretary-General outside the capital. submitted the budget for UNMIL for the period from 1 July 2004 to 30 June 2005, which The Secretary-General said that the peace pro- amounted to $839,711,300, inclusive of budgeted cess was at a critical juncture, with the focus of at- voluntary contributions in kind valued at tention shifting to the preparations for the Octo- $120,000. ber 2005 elections, the need to resettle internally ACABQ, in its 14 May report [A/58/798], having displaced persons and refugees and provide rein- considered the financial arrangements for the tegration opportunities for ex-combatants, and period from 1 August 2003 to 30 June 2004 and further the extension of State authority nation- the 2004/05 budget, proposed a number of revi- wide. Many serious issues remained to be effec- sions to the budget, particularly for streamlining tively addressed, so that the gains made so far UNMIL’s structure and downgrading five posts. It were not undermined. In addition to paying civil recommended that the estimated budget re- servants’ salaries, the Government needed to quirement be reduced to $821,986,000. address corruption and ensure transparency in order to attract donor funding for reconstruc- GENERAL ASSEMBLY ACTION tion. Consideration should also be given to in- On 18 June [meeting 91], the General Assembly, creasing independent oversight of the Govern- on the recommendation of the Fifth Committee ment’s public revenue management. The [A/58/589/Add.1], adopted resolution 58/261 B Government should also actively engage and con- without vote [agenda item 165]. sult with civil society,as part of an overall strategy to enhance public understanding of and pro- Financing of the United Nations Mission in Liberia mote support for the transition process, expand The General Assembly, Having considered the reports of the Secretary- its authority nationwide and promote reconcilia- General and his note on the financing of the United tion and religious tolerance among the diverse Nations Mission in Liberia and the related reports of groups in the country. The reintegration of ex- the Advisory Committee on Administrative and Bud- combatants, largely unemployed and restive, was getary Questions,

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Recalling Security Council resolution 1497(2003) of order to ensure the implementation of those projects 1 August 2003, by which the Council declared its readi- that are required for the successful implementation of ness to establish a United Nations stabilization force to the mandate, and to report thereon in the perform- support the transitional government and to assist in ance report; the implementation of a comprehensive peace agree- 10. Also requests the Secretary-General to take all ment in Liberia, necessary action to ensure that the Mission is adminis- Recalling also Security Council resolution 1509(2003) tered with a maximum of efficiency and economy; of 19September 2003, by which the Council decided to 11. Further requests the Secretary-General, in order establish the United Nations Mission in Liberia for a to reduce the cost of employing General Service staff, period of twelve months, to continue efforts to recruit local staff for the Mission Recalling further its resolution 58/261 A of 23 De- against General Service posts, commensurate with the cember 2003 on the financing of the Mission, requirements of the Mission; Reaffirming the general principles underlying the fi- nancing of United Nations peacekeeping operations, Budget estimates for the period as stated in General Assembly resolutions 1874 (S-IV) from 1 July 2004 to 30 June 2005 of 27 June 1963, 3101(XXVIII) of 11 December 1973 12. Decides to appropriate to the Special Account for and 55/235 of 23 December 2000, the United Nations Mission in Liberia the amount of Noting with appreciation that voluntary contributions 864,815,900 dollars for the period from 1 July 2004 to have been made to the Mission, 30 June 2005, inclusive of 821,986,000 dollars for the Mindful of the fact that it is essential to provide the maintenance of the Mission, 35,015,300 dollars for the Mission with the necessary financial resources to en- support account for peacekeeping operations and able it to fulfil its responsibilities under the relevant 7,814,600dollarsfortheUnitedNationsLogisticsBase; resolution of the Security Council, Financing of the appropriation 1. Takes note of the status of contributions to the 13 . Decides also to apportion among Member States United Nations Mission in Liberia as at 15 April 2004, the amount of 864,815,900 dollars at a monthly rate of including the contributions outstanding in the amount 72,067,991 dollars, in accordance with the levels set out of 139.3 million United States dollars, representing in General Assembly resolution 55/235, as adjusted by some 31 per cent of the total assessed contributions, the Assembly in its resolution 55/236 of 23 December notes with concern that only thirty-eight Member 2000 and updated in its resolution 58/256 of 23 De- States have paid their assessed contributions in full, cember 2003, taking into account the scale of assess- and urges all other Member States, in particular those ments for 2004 and 2005 as set out in its resolution in arrears, to ensure payment of their outstanding as- 58/1 B of 23 December 2003, subject to a decision of sessed contributions; the Security Council to extend the mandate of the Mis- 2. Expresses its appreciation to those Member States sion; which have paid their assessed contributions in full, 14 . 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 13 above, 3. Expresses concern at the financial situation with their respective share in the Tax Equalization Fund of regard to peacekeeping activities, in particular as re- 15,634,600 dollars, comprising the estimated staff as- gards the reimbursements to troop contributors that sessment income of 10,084,900 dollars approved for bear additional burdens owing to overdue payments the Mission, the prorated share of 5,109,600 dollars of by Member States of their assessments; the estimated staff assessment income approved for 4. Also expresses concern at the delay experienced by the support account and the prorated share of 440,100 the Secretary-General in deploying and providing ade- dollars of the estimated staff assessment income ap- quate resources to some recent peacekeeping missions, proved for the United Nations Logistics Base; in particular those in Africa; 5. Emphasizes that all future and existing peace- Financing of the appropriation for the keeping missions shall be given equal and non- period from 1 August 2003 to 30 June 2004 discriminatory treatment in respect of financial and 15. Takes note of the note by the Secretary-General administrative arrangements; on the financing arrangements of the Mission for the 6. Also emphasizes that all peacekeeping missions period from 1 August 2003 to 30 June 2004; shall be provided with adequate resources for the effec- 16. Decides to apportion among Member States the tiveandefficientdischargeoftheirrespectivemandates; additional amount of 114,494,300 dollars already ap- 7. Reiterates its request to the Secretary-General to propriated for the maintenance of the Mission for the make the fullest possible use of facilities and equip- period from 1 August 2003 to 30 June 2004 under the ment at the United Nations Logistics Base at Brindisi, terms of General Assembly resolution 58/261 A, at a Italy, in order to minimize the costs of procurement for monthly rate of 10,408,600 dollars, in accordance with the Mission; the levels set out in Assembly resolution 55/235, as ad- 8. Endorses the conclusions and recommendations justed by the Assembly in its resolution 55/236 and its contained in the report of the Advisory Committee on resolution 57/290 A of 20 December 2002 and up- Administrative and Budgetary Questions, subject to the dated in its resolution 58/256, and taking into account provisions of the present resolution, and requests the the scale of assessments for 2003, as set out in its reso- Secretary-Generaltoensuretheirfullimplementation; lutions 55/5 B of 23 December 2000 and 57/4 B of 20 9. Requests the Secretary-General to review the proj- December 2002 and the scale of assessments for 2004 ects that may require the services of consultants, in as set out in its resolution 58/1 B;

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17. Approves the reduction in the estimated staff as- including any violations involving rebel move- sessment income approved for the Mission in the ments and neighbouring countries, and any amount of 1,449,100 dollars, from 5,210,000 dollars to information relevant to the designation by the 3,760,900 dollars; 18. Emphasizes that no peacekeeping mission shall Committee established pursuant to resolution be financed by borrowing funds from other active 1521(2003) of the individuals described in the res- peacekeeping missions; olution, and the various sources of financing, 19 . Encourages the Secretary-General to continue to such as from natural resources, for the illicit take additional measures to ensure the safety and trade of arms. security of all personnel under the auspices of the United Nations participating in the Mission; SECURITY COUNCIL ACTION (March) 20. Invites voluntary contributions to the Mission in cash and in the form of services and supplies accepta- On 12 March [meeting 4925], the Security Coun- ble to the Secretary-General, to be administered, as ap- cil unanimously adopted resolution 1532(2004). propriate, in accordance with the procedure and prac- The draft [S/2004/189] was prepared in consulta- tices established by the General Assembly; tions among Council members. 21. Decides to include in the provisional agenda of its fifty-ninth session the item entitled “Financing of The Security Council, the United Nations Mission in Liberia”. Recalling its resolution 1521(2003) of 22 December 2003 and its other resolutions and the statements by its President on the situation in Liberia and West Africa, 2005/06 budget estimates Noting with concern that the actions and policies of On 20 December [A/59/630], the Secretary- former President of Liberia Charles Taylor and other General submitted proposed budget estimates persons, in particular their depletion of Liberian re- for the maintenance of UNMIL for the period sources and their removal from Liberia and secreting from 1 July 2005 to 30 June 2006, which of Liberian funds and property, have undermined Li- amounted to $722,753,600 inclusive of budgeted beria’s transition to democracy and the orderly devel- voluntary contributions in kind in the amount of opment of its political, administrative and economic institutions and resources, $120,000. Recognizing the negative impact on Liberia of the On 23 December, the General Assembly de- transfer abroad of misappropriated funds and assets cided that the agenda item on UNMIL financing and the need for the international community to en- would remain for consideration at its resumed sure as soon as possible, in accordance with para- fifty-ninth (2005) session (decision 59/552). The graph 6 below, the return of such funds and assets to Assembly also called on the international com- Liberia, munity to provide assistance for the rehabilita- Expressing concern that former President Taylor, in tion and reconstruction of Liberia in resolution collaboration with others still closely associated with him, continues to exercise control over and to have ac- 59/219 (see p. 929). cess to such misappropriated funds and property, with which he and his associates are able to engage in activi- Sanctions ties that undermine peace and stability in Liberia and The Security Council received several reports the region, on the implementation of sanctions imposed on Determining that this situation constitutes a threat to international peace and security in West Africa, in par- Liberia pursuant to Council resolutions 1343 ticular to the peace process in Liberia, (2001) [YUN 2001, p. 181], 1478(2003) [YUN 2003, p. 203] Acting under Chapter VII of the Charter of the and 1521(2003) [ibid., p. 208]. Those sanctions United Nations, banned arms and related materiel, military train- 1. Decides that, to prevent former President of Libe- ing, the export of Liberian timber products and ria Charles Taylor, his immediate family members, in rough diamonds and international travel of those particular Jewel Howard Taylor and Charles Taylor, individuals so designated, who constituted a Jr., senior officials of the former Taylor regime, or threat to the peace process in Liberia and the sub- other close allies or associates as designated by the region. On 12 March 2004, the Council imposed Committee established pursuant to paragraph 21 of resolution 1521(2003) (hereinafter “the Committee”) further financial sanctions on Charles Taylor and from using misappropriated funds and property to in- his immediate family (see below). terfere in the restoration of peace and stability in Libe- On 16 January [S/2004/40], the Secretary- ria and the subregion, all States in which there are, at General informed the Council, as requested by the date of adoption of the present resolution or at any resolution 1521(2003), of his appointment of five time thereafter, funds, other financial assets and eco- members of the Panel of Experts established pur- nomic resources owned or controlled directly or indi- suant to resolution 1478(2003). The Panel was rectly by Charles Taylor, Jewel Howard Taylor and Charles Taylor, Jr. and/or those other individuals des- mandated to conduct a follow-up assessment mis- ignated by the Committee, including funds, other fi- sion to Liberia and neighbouring States, to inves- nancial assets and economic resources held by entities tigate and report on the implementation of reso- owned or controlled, directly or indirectly, by any of lution 1521(2003) and violations of the sanctions, them or by any persons acting on their behalf or at

YUN04—6th proofs / OF July 24 2006 Africa 205 their direction, as designated by the Committee, shall (d) Seek from all States information regarding the freeze without delay all such funds, other financial actions taken by them to trace and freeze such funds, assets and economic resources and shall ensure that other financial assets and economic resources; neither these nor any other funds, other financial 5. Decides also to review the measures imposed by assets or economic resources are made available, by paragraph 1 above at least once a year, the first review their nationals or by any persons within their territory, taking place by 22 December 2004 in conjunction with directly or indirectly, to or for the benefit of such its review of the measures imposed by paragraphs 2, 4, persons; 6 and 10 of resolution 1521(2003), and to determine at 2. Decides also that the provisions of paragraph 1 that time what further action is appropriate; above do not apply to funds, other financial assets and 6. Expresses its intention to consider whether and economic resources: how to make available the funds, other financial assets (a) That have been determined by relevant State(s) and economic resources frozen pursuant to para- to be necessary for basic expenses, including payment graph 1 above to the Government of Liberia, once that for foodstuffs, rent or mortgage, medicines and medi- Government has established transparent accounting cal treatment, taxes, insurance premiums and public and auditing mechanisms to ensure the responsible utility charges, or exclusively for payment of reason- use of government revenue to benefit directly the peo- able professional fees and reimbursement of incurred ple of Liberia; expenses associated with the provision of legal serv- ices, or fees or service charges for routine holding or 7. Decides to remain actively seized of the matter. maintenance of frozen funds, other financial assets and economic resources, after notification by the rele- Implementation of sanctions regime vant State(s) to the Committee of the intention to authorize, where appropriate, access to such funds, Report of Committee established pursuant to other financial assets and economic resources and in resolution 1343(2001). On 23 February [S/2004/ the absence of a negative decision by the Committee 139 & Corr.1], the Security Council Committee es- within two working days of such notification; tablished pursuant to resolution 1343(2001) con- (b) That have been determined by relevant State(s) cerning Liberia reported to the Council. It was to be necessary for extraordinary expenses, provided tasked with reporting on any Liberian military or that such determination has been notified by the rele- vant State(s) to the Committee and has been approved financial support to the Revolutionary United by the Committee; or Front (RUF) of Sierra Leone and other rebel (c) That have been determined by relevant State(s) movements, including transfer of arms, military to be the subject of a judicial, administrative or arbitral training and provision of communications and lien or judgement, in which case the funds, other fi- logistical assistance, as well as on the bans on the nancial assets and economic resources may be used to travel of key individuals providing support to satisfy that lien or judgement, provided that the lien or rebels and the import of Sierra Leone rough dia- judgement was entered prior to the date of the present monds not controlled through the certificate-of- resolution, is not for the benefit of a person referred to in paragraph 1 above or an individual or entity identi- origin regime. The report covered the period fied by the Committee, and has been notified by the from 21 December 2002 to 22 December 2003, relevant State(s) to the Committee; when the Council decided, in resolution 1521 3. Decides further that all States may allow for the (2003), to dissolve the Committee and to revise addition to accounts subject to the provisions of para- the legal basis of the sanctions to reflect the graph 1 above of: changed circumstances in Liberia, in particular (a) Interest or other earnings due on those ac- the departure of former President Charles Tay- counts; and lor, the formation of the National Transitional (b) Payments due under contracts, agreements or Government and progress with the peace process obligations that arose prior to the date on which those accounts became subject to the provisions of para- in Sierra Leone. During the reporting period, graph 1 above; the Committee received 11 notifications of travel provided that any such interest, other earnings and of individuals on the travel ban list and granted payments continue to be subject to those provisions; 22 of the 29 requests for waivers of the ban. It 4. Decides that the Committee shall: conducted reviews of the travel ban list on three (a) Identify individuals and entities of the types de- occasions, and removed the names of two RUF scribed in paragraph 1 above and promptly circulate to members from the list of persons to be expelled all States a list of said individuals and entities, includ- from Liberia. In response to the Council’s re- ing by posting such a list on the web site of the Com- quest, the Committee received a total of 116 re- mittee; plies from States on measures they had taken to (b) Maintain and regularly update and review every implement the travel ban. The Committee six months the list of those individuals and entities identified by the Committee as being subject to the sought information from States on alleged viola- measures set forth in paragraph 1 above; tions reported by the Panel of Experts of the Li- (c) Assist States, where necessary, in tracing and beria sanctions regime. At its request, the Com- freezing the funds, other financial assets and eco- mittee received a report from the Panel of nomic resources of such individuals and entities; Experts on violations of the embargo on the im-

YUN04—6th proofs / OF July 24 2006 206 Political and security questions portation of all round logs and timber products the Secretary-General said, notwithstanding a originating in Liberia. number of serious resource and operational con- Report of Secretary-General (April). In re- straints. Much remained to be done to apply and sponse to Security Council resolution 1478(2003) implement the recommendations for reform of [YUN 2003, p. 203], the Secretary-General, on the timber sector made by the Timber Sanctions 1 April [S/2004/272], reported on Liberia’s compli- Review Committee. The reform programme ance with that resolution. Since his 22 April 2003 needed to be developed into a comprehensive report [YUN 2003, p. 202], there had been signifi- package, with fully defined recommendations, cant developments in Liberia, in particular the an implementation strategy and timelines. Al- resignation of President Charles Taylor on 11Au- though some steps had been taken, such as a re- gust 2003 and his departure from the country, view of logging concessions, there were still con- the signing of the Comprehensive Peace Agree- cerns about the current pace of the review ment [ibid., p. 192] and the establishment of UNMIL process and the way concessions could be [ibid., p. 194]. The report also described the dissolu- awarded by the Government. The Forestry De- tion of RUF in Sierra Leone over the previous two velopment Authority would need to ensure trans- years, and its transformation into a political parency in revising all forestry concession agree- party,the Revolutionary United Front Party. Sub- ments to reflect international standards and sequently, there were reports of former RUF sustainable forest management practices. members being recruited to fight in Liberia on The Government did not have full authority behalf of the forces of the Government of Liberia and control over the timber-producing areas. or LURD. However, with the deaths of some RUF However, with the steady deployment and patrol- fighters, including its leader, Sam Bockarie, the ling of UNMIL forces throughout the country, in force was substantially weakened. Noting the particular to logging areas such as Buchanan, changed circumstances, the Council had accord- Greenville and Zwedru, the Government’s ingly revised the legal basis of its sanctions and capacity was increasing, although it would take agreed not to renew the prohibition against the some time to establish local administration in for- import of rough diamonds from Sierra Leone est areas. The most pressing concerns continued not controlled by the certificate-of-origin regime, to be the lack of structure, oversight and account- thus making the demand contained in paragraph ability in the financial management systems of 2 (c) of resolution 1343(2001) obsolete. There- the timber sector. fore, the Secretary-General intended to make the In the diamond sector, the Government was report currently before the Council his last, pur- making gradual progress in preparing its appli- suant to paragraph 20 of resolution 1478(2003). cation to join the Kimberley Process for the certi- He would report to the Council by 30 May on fication of rough diamonds (see p. 198). In doing progress made towards the revised benchmarks so, the Government would need to ensure trans- for lifting sanctions, in accordance with para- parency in its procedures and methods for insti- graph 26 of resolution 1521(2003). tuting controls over the export, import and Report of Secretary-General (May). On 26 transit of rough diamonds. May [S/2004/428], the Secretary-General sub- Report of Panel of Experts (June). The Panel mitted a report pursuant to Security Council res- of Experts established pursuant to paragraph 22 olution 1521(2003) regarding Liberia, covering of Security Council resolution 1521(2003) con- progress made towards the goals described in cerning sanctions against Liberia transmitted a paragraphs 5, 7 and 11 of that resolution, which report to the Council on 1 June [S/2004/396 & dealt with the imposition of arms, diamond and Corr.1,2]. The Panel, having visited the country, timber sanctions. The report described progress said that it found no evidence of weapons traf- in a number of areas: disarmament, demobiliza- ficking into Liberia since August 2003; however, tion, reintegration and repatriation; restructur- organized, international smuggling networks re- ing the security sector; implementing the Com- mained in place. Disarmament was progressing, prehensive Peace Agreement; maintaining but there was a strong possibility that factions stability in Liberia and the subregion; establish- might have cached weapons either within Liberia ing a certificate-of-origin regime for trade in Li- or in neighbouring countries, making regional berian rough diamonds; and control over the tim- stability a continuing concern. Therefore, it af- ber-producing areas and use of revenues from firmed that the arms sanctions should remain in the timber industry. place, the ECOWAS moratorium on small arms Since its establishment on 14October 2003, the should be implemented (see p. 166), and the ori- National Transitional Government had made gin of weapons surrendered in the disarmament some encouraging progress towards meeting the process should be established. Regarding civil objectives contained in paragraphs 5, 7 and 11, aviation, the Panel said that the Government was

YUN04—6th proofs / OF July 24 2006 Africa 207 currently applying international civil aviation 1521(2003) approved additions to the list of indi- regulations and flights were operating more viduals subject to the travel restrictions imposed safely than in the past when arms were entering by paragraph 4 (a) of that resolution. the country. It recommended that the Liberian Security Council consideration. The Security civil aviation authority continue to implement the Council, which considered the 26 May report of international standards. the Secretary-General on 3 June [meeting 4981], In the context of the poor internal security sit- heard a statement by the Special Representative uation, diamond mining in Liberia had virtually for Liberia, who affirmed that, as part of its man- ceased, and consequently the current level of date, UNMIL monitored progress made by the diamond smuggling was negligible. The Govern- Government to put in place mechanisms to en- ment had taken steps towards establishing an sure the proper management of the natural effective certificate-of-origin scheme for trade in resource industries under sanctions, namely dia- rough diamonds that was transparent and inter- monds and timber. He pointed out that the Gov- nationally verifiable, with a view to joining the ernment badly needed reliable sources of reve- Kimberley Process. The Panel recommended nue in order to function effectively. Liberia’s that those positive steps be accelerated by provid- long-term security and stability would come only ing financial and technical support. with a robust economy that could offer steady Sanctions on timber products appeared to be employment for young adult males, supported by effective, as there was no evidence of widespread a responsible credible, democratic and account- exports. However, UNMIL had not deployed to able Government. It was therefore necessary for the heavily forested south-east of Liberia, and the the international community to provide all neces- Forestry Development Authority did not func- sary support to enable the Government to meet tion outside Monrovia. Given the evidence of the the requirements of resolution 1521(2003). Authority’s past complicity with human rights The Chairman of the National Transitional abuses and widespread corruption, an indepen- Government of Liberia, Charles Gyude Bryant, dent review of the industry was required. The in his address to the Council, made the case for lack of trained personnel suggested that a man- lifting the sanctions, especially those on dia- agement company should be appointed to run monds and timber. He said that the forestry sec- the Authority. Until the Authority was opera- tor held the greatest short-term promise for job tional and security achieved, the conditions nec- creation and fostering economic recovery, and essary to lift sanctions would not be met, as the diamond production was an economic mainstay revenue from forestry and the security forces for a substantial number of people and a foreign used by logging companies could be a source of exchange earner. He enumerated the steps Libe- regional instability. ria had taken to meet the demands of the Council In terms of the humanitarian impact, the for lifting the sanctions in both industries and Panel determined that the sanctions against Libe- drew attention to the fact that the United States ria had contributed significantly to ending the had unilaterally lifted sanctions on the importa- country’s 14-year cycle of armed conflicts and tion of diamonds from Liberia. laying the foundations for lasting peace and good On 10 June, the Council conducted a mid-term governance. The erosion of former President review of the sanctions imposed on Liberia. In a Taylor’s power base was a direct result of the sanc- statement of the same day issued by its President tions, as had been the inability of former warring [SC/8119-AFR/966], Council members acknow- factions and their expatriate counterparts to use ledged progress made by the Liberian Govern- diamonds and timber to prolong the conflict. At ment in meeting the conditions for lifting the the same time, the sanctions on diamonds and measures, in particular the diamonds and timber timber had had some adverse effects, such as the sanctions. While noting that no major violations absence of employment for thousands of Liberi- of the arms embargo and the diamond and tim- ans, the loss of tax revenues to the Government ber sanctions had been reported since August and road maintenance opportunities previously 2003, the members felt that the conditions for lift- provided by logging companies. Nevertheless, ing the sanctions were yet to be fully met. They Liberians seemed to understand the rationale for also noted the views expressed by the Special their imposition and viewed the international Representative and the Chairman of the National community’s efforts to facilitate reforms in Libe- Transitional Government, and said that the ria as positive. measures were not meant to be punitive but to en- On several occasions throughout the year sure that the peace process was irreversible. They [SC/8027, SC/8033, SC/8062, SC/8123, SC/8133, SC/8145, expressed their readiness to keep the measures SC/8147, SC/8176/Rev.1, SC/8211], the Security Council on diamonds and timber under regular review Committee established pursuant to resolution with a view to their possible termination, based

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on further evaluation of progress made on the gress made towards the goals identified in resolution benchmarks established for lifting them. 1521(2003), in particular in paragraphs 7 and 11of that resolution, and also requests that the Panel present a final report to the Council, through the Committee, SECURITY COUNCIL ACTION (June) no later than 10 December 2004, covering all the tasks On 17 June [meeting 4991], the Security Council assigned to it in paragraph 1 above; unanimously adopted resolution 1549(2004). 3. Requests the Secretary-General, upon adoption The draft [S/2004/495] was prepared in consulta- of the present resolution and acting in consultation tions among Council members. with the Committee, to appoint by 30 June 2004 no more than five experts, with the range of expertise The Security Council, necessary to fulfil the mandate of the Panel referred to Recalling its resolutions, in particular resolutions above, drawing as much as possible and as appropriate 1521(2003) of 22 December 2003 and 1532(2004) of on the expertise of the members of the Panel of Ex- 12 March 2004, on the situation in Liberia and West perts appointed pursuant to paragraph 22 of resolu- Africa, tion 1521(2003), and further requests the Secretary- Taking note of the report of the Secretary-General on General to make the necessary financial arrangements Liberia of 26 May 2004 and the report of the Panel of to support the work of the Panel; Experts on Liberia of 17 May 2004, both submitted 4. Encourages the National Transitional Govern- pursuant to resolution 1521(2003), ment of Liberia to take urgent steps to establish an Taking note also of the views expressed by the effective certificate-of-origin regime for trade in Libe- Chairman of the National Transitional Government of rian rough diamonds that is transparent and interna- Liberia in the Security Council on 3 June 2004 appeal- tionally verifiable, and urges the Transitional Govern- ing for the lifting of current sanctions on Liberia’s tim- ment to establish its full authority and control over the ber and diamonds, and the request that Council ex- timber-producing areas and to take all necessary steps perts visit Liberia within the next ninety days to assess to ensure that government revenues from the Liberian the performance of the Transitional Government in timber industry are not used to fuel conflict or other- fulfilling the conditions for the lifting of sanctions, wise in violation of the resolutions of the Council but 1. Decides to re-establish the Panel of Experts ap- are used for legitimate purposes for the benefit of the pointed pursuant to paragraph 22 of resolution 1521 Liberian people, including development; (2003) for a further period commencing no later than 5. Reiterates its call upon States, relevant interna- 30 June and ending on 21 December 2004 to under- tional organizations and others in a position to do so to take the following tasks: offer assistance to the National Transitional Govern- (a) To conduct a follow-up assessment mission to Li- ment of Liberia in achieving the objectives set forth in beria and neighbouring States in order to investigate paragraphs 5, 7 and 11 of resolution 1521(2003); and compile a report on the implementation, and any 6. Reiterates its previous appeals to the international violations, particularly ongoing violations, of the community to provide timely and adequate assistance measures referred to in paragraphs 2, 4, 6 and 10 of for the reconstruction and economic recovery of Libe- resolution 1521(2003), including any violations involv- ria and, in particular, to redeem the pledges made at ing rebel movements and neighbouring countries, and the International Reconstruction Conference on Libe- including any information relevant to designation by ria, held in New York on 5 and 6 February 2004; the Security Council Committee established pursuant 7. Urges all States, relevant United Nations bodies to resolution 1521(2003) (hereinafter “the Committee”) and, as appropriate, other organizations and inter- of the individuals described in paragraph 4 (a) of reso- ested parties to cooperate fully with the Committee lution 1521(2003), and also including the various and the Panel of Experts, including by supplying in- sources of financing, such as from natural resources, formation on possible violations of the measures im- for the illicit trade in arms; posed by paragraphs 2, 4, 6 and 10 of resolution (b) To assess the progress made towards the goals 1521(2003) and paragraph 1 of resolution 1532(2004); described in paragraphs 5, 7 and 11 of resolution 1521 8. Decides to remain actively seized of the matter. (2003); (c) To monitor the implementation and enforce- The Secretary-General, on 2 July [S/2004/531], ment of the measures imposed by paragraph 1 of reso- informed the Security Council of the names of lution 1532(2004), particularly in Liberia and in neigh- the five experts he had appointed to the Panel bouring States, as well as in other regions, and to provide the Committee with any information that the of Experts pursuant to resolution 1549(2004) Panel acquires which will facilitate the identification (above). of individuals and entities of the types described in Report of Expert Panel (September). The paragraph 1 of resolution 1532(2004), and with recom- Panel of Experts submitted, on 23 September mendations on technical assistance that Liberia and [S/2004/752], its midterm report, prepared in ac- other States might require to implement the measures; cordance with resolution 1549(2004) (above). (d) To assess the socio-economic and humanitarian The Panel, which visited Liberia in August, re- impact of the measures imposed by resolutions 1521 (2003) and 1532(2004); ported, with regard to the timber industry, that 2. Requests the Panel to provide a mid-term report sanctions remained effective and appeared to to the Council for its review, through the Committee, have halted exports of timber. There was no evi- no later than 30 September 2004, with its observations dence of widespread logging and the Panel could and recommendations, taking into consideration pro- not confirm allegations of exports to Côte

YUN04—6th proofs / OF July 24 2006 Africa 209 d’Ivoire and Guinea. However, a pre-audit of the for lifting sanctions. They encouraged the Libe- Forestry Development Authority, the Govern- rian authorities to take the necessary measures ment’s regulatory agency, revealed a complete to establish full authority and control over the lack of financial management systems. An inde- timber-producing areas and to ensure proper uti- pendent firm was appointed to provide financial lization of the revenues of the timber industry. management. The Government, which had, in While recognizing the need to lift the diamonds December 2003, produced a road map of reforms and timber sanctions as soon as possible, and ac- necessary for sanctions to be lifted, reported on knowledging the progress made so far, Council progress in meeting those reforms. The Panel members concluded that the conditions for lift- pointed out that, without sufficient security, con- ing them were not fully met and called on the flict could resume; without financial oversight, Government to take the necessary steps for meet- misappropriation would facilitate corruption; ing those benchmarks. and without enforcement, timber companies Report of Expert Panel (December). The might violate regulations with impunity; there- Panel of Experts transmitted a report to the fore reform was required. Because reforms had Security Council on 6 December [S/2004/955],cov- not been instituted, nor had the conditions set ering the socio-economic and humanitarian situ- out in Security Council resolution 1521(2003) ation in the country, the impact of sanctions on been met, the Panel recommended that the tim- that situation, weapons trafficking, the travel ban ber sanctions remain in place. against certain individuals, diamond mining and The Panel reported that illegal Liberian ex- trading, and the timber industry. It reported that ports of rough diamonds continued to be negligi- small quantities of arms imported to Liberia ble. That situation was a result of poor weather were smuggled in from neighbouring countries, conditions, concerns regarding overall security such as Guinea and Sierra Leone, for the purpose in mining areas, particularly as disarmament re- of being surrendered in the disarmament, demo- mained to be completed in those areas, and acute bilization, reintegration and repatriation process shortages of mining equipment. In August, the in Liberia. More than 27,000weapons were recov- National Transitional Legislative Assembly ered, indicating a benchmark return rate of more adopted an Act amending the Minerals and Min- than 60 per cent. ing Law, providing for controls on the export, im- The Government remained committed to port and transit of rough diamonds. In addition, meeting the requirements for lifting the em- some institutional and technical structures were bargo on rough diamonds, but it was hampered set up for implementing the Kimberley Process by a lack of funding and institutional capacity. Certification Scheme. In that regard, the Minis- With the onset of the dry season and better try of Lands, Mines and Energy would monitor security, mining activity had increased, much of buying and selling transactions to ensure greater which was, however, illegal. Reports indicated transparency in the flow of diamonds from the that the production from those mines was being mine to the granting of a Kimberley Process smuggled through neighbouring countries to certificate and export. A plan was drawn up for reach the international market. There was wide- establishing mining cooperatives and for train- spread compliance with timber sanctions. How- ing mines inspectors. Overall, the Panel deter- ever, the Forestry Development Authority had mined that the Government was proceeding well not completed the reforms required by the Coun- towards meeting the Council’s requirements for cil, such as financial oversight and expansion of lifting sanctions on the export of Liberian rough its operations to the field. The Panel recom- diamonds. However, its biggest obstacle re- mended that the current embargoes on Liberian mained funding for the materials and mecha- diamond and timber exports remain in effect. nisms necessary for implementing the Kimberley The Panel criticized the Government’s han- Process Certification Scheme; without funding, dling of the national budget, which reflected it was unlikely that the Government would be misplaced priorities. In addition, the Govern- able to meeting those requirements by the end of ment had not prepared accounts for the previous 2004. two budgets, and, from February to June, had al- Security Council consideration. Following a lowed excess expenditure of $8.6 million without review of the sanctions on Liberia by the Security any allotments from the Bureau of the Budget, Council, the President, in a 7 October press state- nor any supplementary budget approved by the ment [SC/8212-AFR/1045], said that Council mem- National Assembly. There were also large varia- bers, noting that no violations of the diamond tions between amounts budgeted and amounts and timber sanctions were reported in recent spent and a lack of audits. Among its recommen- months, appreciated the Government’s efforts to dations, the Panel proposed that UNMIL be em- meet the goals identified in resolution 1521(2003) powered to take a proactive stance in identifying

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and publicizing high-level corruption and other ernment of Liberia has not yet established its authority violations of public trust, so as to emphasize the throughout Liberia, importance of and urgent need for accountabil- Expressing concern that former President of Liberia Charles Taylor and others still closely associated with ity and transparency. him continue to engage in activities that undermine The Government had delayed action to freeze peace and stability in Liberia and the region, the assets of the persons designated by the Having reviewed the measures imposed by para- Security Council, and finally took action against graphs 2, 4, 6 and 10 of resolution 1521(2003) and para- 2 of the 26 persons on the list, and without graph 1 of resolution 1532(2004) of 12 March 2004 and proper preparation. The Panel, having contacted the progress made towards achieving the objectives set forth in paragraphs 5, 7 and 11 of resolution 1521 a number of countries to obtain information (2003), about the assets frozen by them, in pursuance of Welcoming the steps taken by the National Transi- Council resolution 1532(2004), learned that Ger- tional Government of Liberia towards meeting the many, the United Kingdom and the United conditions established by the Security Council for lift- States had identified and frozen the assets of ing the measures imposed by resolution 1521(2003), three listed individuals. Noting the completion of demobilization and disarm- The Panel was concerned about aircraft regis- ament, respect for the ceasefire, and implementation of the Comprehensive Peace Agreement,but emphasizing tered in Liberia, as it believed that Liberian regis- that significant challenges remain in completing the re- tered aircraft were still flying elsewhere in the integration, repatriation and restructuring of the world for illicit activities. The Panel approved the security sector, as well as establishing and maintaining permanent presence of UNMIL police officers at stability in Liberia and the subregion, Robertsfield International Airport to enhance Noting with concern that, despite having initiated im- security procedures and allow for overall super- portant reforms, the National Transitional Govern- vision of airport civilian security personnel. ment of Liberia has made only limited progress to- wards establishing its full authority and control over the timber-producing areas and towards ensuring that SECURITY COUNCIL ACTION (December) government revenues from the Liberian timber indus- On 21 December [meeting 5105], the Security try are not used to fuel conflict or otherwise in viola- Council unanimously adopted resolution 1579 tion of the resolutions of the Council but are used for (2004). The draft [S/2004/981] was prepared in con- legitimate purposes for the benefit of the Liberian sultations among Council members. people, including development, Welcoming the start of preparations by the National The Security Council, Transitional Government of Liberia to establish an Recalling its previous resolutions and the statements effective certificate-of-origin regime for trade in rough by its President on the situation in Liberia and West diamonds that is transparent and internationally veri- Africa, fiable, looking forward to the visit by representatives - Taking note of the reports of the Panel of Experts on of the Kimberley Process to Liberia in early 2005, en Liberia of 24 September and 6 December 2004 sub- couraging the Government to continue its prepara- mitted pursuant to resolution 1549(2004) of 17 June tions in that regard, and urging States to increase their 2004, support for its efforts, Determining that the situation in Liberia continues to Taking note also of the letter dated 13 December 2004 constitute a threat to international peace and security from the Special Representative of the Secretary- in the region, General in Liberia to the Chairman of the Security Acting under Chapter VII of the Charter of the Council Committee established pursuant to para- United Nations, graph21ofresolution1521(2003)of22December2003, 1. Decides, on the basis of its assessments above of Recognizing the linkage between the illegal exploita- progress made by the National Transitional Govern- tion of natural resources such as diamonds and timber, ment of Liberia towards meeting the conditions for the illicit trade in such resources and the proliferation lifting the measures imposed by resolution 1521(2003): and trafficking of arms as one of the sources of fuel- (a) To renew the measures on arms and travel im- ling and exacerbating conflicts in West Africa, particu- posed by paragraphs 2 and 4 of resolution 1521(2003) larly in Liberia, for a further period of twelve months from the date of Recalling that the measures imposed under resolu- adoption of the present resolution, and to review them tion 1521(2003) were designed to prevent such illegal after six months; exploitation from fuelling a resumption of the conflict (b) To renew the measures on timber imposed by in Liberia, as well as to support the implementation of paragraph 10 of resolution 1521(2003) for a further pe- the Comprehensive Peace Agreement signed at Accra riod of twelve months from the date of adoption of the on 18 August 2003, and the extension of the authority, presentresolution,andtoreviewthemaftersixmonths; throughout Liberia, of the National Transitional Gov- (c) To renew the measures on diamonds imposed ernment of Liberia, by paragraph 6 of resolution 1521(2003) for a further Expressing its satisfaction that the full deployment of period of six months from the date of adoption of the the United Nations Mission in Liberia has contributed present resolution, but to review them after three to the improvement of security throughout Liberia, months in the light of the visit by representatives of the while recognizing that the National Transitional Gov- Kimberley Process and the preliminary report of the

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Panel of Experts on Liberia, requested in para- in paragraph 4 (a) of resolution 1521(2003) and para- graph 8 (f) below, with a view to lifting the measures as graph 1 of resolution 1532(2004), and including the soon as possible, when the Council concludes that the various sources of financing, such as from natural re- National Transitional Government has established an sources, for the illicit trade of arms; effective certificate-of-origin regime for trade in rough (b) To assess the impact and effectiveness of the diamonds that is transparent and internationally veri- measures imposed by paragraph 1 of resolution 1532 fiable; (2004); 2. Reiterates the Council’s readiness to terminate (c) To assess the progress made towards meeting these measures once the conditions referred to in para- the conditions referred to in paragraph 1 above; graph 1 above have been met; (d) To assess the humanitarian and socio-economic 3. Encourages the National Transitional Govern- impact of the measures imposed by paragraphs 2, 4, 6 ment of Liberia to intensify its efforts to meet these and 10 of resolution 1521(2003); conditions, in particular by implementing the Liberia (e) To report to the Council, through the Commit- Forest Initiative and the necessary reforms in the For- tee, by 7 June 2005 on all the issues listed in the present estry Development Authority, and urges all members paragraph; of the National Transitional Government to commit (f) To provide a preliminary report to the Council, themselves to this end for the benefit of the Liberian through the Committee, by 21 March 2005 on progress people; made towards meeting the conditions for lifting the 4. Notes that the measures imposed by paragraph 1 measures on diamonds imposed by paragraph 6 of res- of resolution 1532(2004) remain in force to prevent olution 1521(2003); former President Charles Taylor, his immediate family 9. Requests the Secretary-General, acting in consul- members, senior officials of the former Taylor regime, tation with the Committee, to appoint as soon as possi- or other close allies or associates from using misappro- ble no more than five experts, with the appropriate priated funds and property to interfere in the restora- range of expertise, in particular on arms, timber, dia- tion of peace and stability in Liberia and the sub- monds, finance, humanitarian and socio-economic region, and reconfirms its intention to review these and any other relevant issues, drawing as much as pos- measures at least once a year; sible on the expertise of the members of the Panel of 5. Reiterates its call upon the international donor Experts established pursuant to resolution 1549(2004), community to continue to provide assistance to the and further requests the Secretary-General to make peace process, including for reintegration and recon- the necessary financial and security arrangements to struction, to contribute generously to consolidated hu- support the work of the Panel; manitarian appeals, to disburse as soon as possible the 10. Callsupon theUnitedNationsMissioninLiberia, pledges made at the International Reconstruction the United Nations Mission in Sierra Leone and the Conference on Liberia, held in New York on 5 and United Nations Mission in Côte d’Ivoire to continue as- 6 February 2004, and to respond to the immediate fi- sisting the Committee and the Panel of Experts in ac- nancial, administrative and technical needs of the Na- cordance with paragraph 23 of resolution 1521(2003); tional Transitional Government of Liberia, in particu- 11. Calls upon all States and the National Transi- lar to assist the Government to meet the conditions tional Government of Liberia to cooperate fully with referred to in paragraph 1 above, so that the measures the Panel of Experts; can be lifted as soon as possible; 12. Requests the Secretary-General to submit a re- 6. Restates its demand that all States refrain from any port to the Council by 7 June 2005, drawing on infor- action that might contribute to further destabilization mation from all relevant sources, including the Na- of the situation in the subregion, and further demands tional Transitional Government of Liberia, the United that all West African States take action to prevent Nations Mission in Liberia and the Economic Com- armed individuals and groups from using their terri- munity of West African States, on progress made to- tory to prepare and commit attacks on neighbouring wards meeting the conditions mentioned in para- countries; graph 1 above; 7. Reminds all States of their obligation to imple- 13 . Decides to remain seized of the matter. ment all the measures under resolutions 1521(2003) and 1532(2004), and particularly urges the National Security Council Committee. On 31 Decem- Transitional Government of Liberia to implement ber 2004 [S/2004/1025], the Security Council Com- without delay its obligations under paragraph 1 of res- mittee established pursuant to resolution 1521 olution 1532(2004) to freeze the assets of all persons designated by the Security Council Committee estab- (2003) concerning Liberia submitted a report on lished pursuant to paragraph 21 of resolution 1521 its activities since its establishment on 22 Decem- (2003) (hereinafter “the Committee”); ber 2003. 8. Decides to re-establish the Panel of Experts ap- Since the adoption of that resolution, the Com- pointed pursuant to resolution 1549(2004) for a fur- mittee received and approved one request to per- ther period until 21 June 2005 to undertake the follow- mit UNMIL to import into Liberia weapons and ing tasks: ammunition to be used in the training of Libe- (a) To conduct a follow-up assessment mission to rian police. The Committee considered 10 re- Liberia and neighbouring States in order to investigate and compile a report on the implementation, and any quests for travel-ban waivers, of which 7 were violations, of the measures referred to in paragraph 1 granted. It held quarterly reviews of the travel- above, including any information relevant to the desig- ban list established on 16 March 2004, retaining nation by the Committee of the individuals described the names of 19 persons and adding five more to

YUN04—6th proofs / OF July 24 2006 212 Political and security questions that list. The Committee conducted its first for- police force and to enhance its capabilities so that mal review of the assets-freeze list on 17 and 20 officers could be deployed to all provinces, in- December, placing three persons on the list dur- cluding the diamond-mining and border areas. ing the reporting period. At the same time, the Government took steps to The Committee adopted procedures for up- strengthen the operational capacity of its armed dating and maintaining its travel-ban list, han- forces, to enable it to assume responsibility for dling requests for exemptions and conducting re- external security and to backstop the police in views of its travel-ban and assets-freeze lists. maintaining public order, which allowed it to ex- Fifteen States responded to the Committee’s re- tend State authority to all 12 administrative dis- quest for information regarding their actions to tricts of the country. However, the judicial system enforce the sanctions. was unable to function effectively due to lack of No major violations of the arms embargo were trained magistrates and other personnel, logis- reported, and the diamond and timber sanctions tics and infrastructure. were being largely implemented. No responses As the security situation remained stable, had been received to its request to 13States for in- UNAMSIL was able to hand over to the Govern- formation on alleged violations. ment the primary responsibility for security in the north and south of the country first and later in the eastern and western areas, but continued to Sierra Leone cooperate with Sierra Leone forces in patrolling In 2004, Sierra Leone, building on the pro- and monitoring border areas. The disarmament, gress achieved in 2003 in implementing the pro- demobilization and reintegration programme visions of the 2000 Agreement on the Ceasefire closed on 31March after four years, with a total of and Cessation of Hostilities (Abuja Agreement) 54,000 ex-combatants having received benefits. [YUN 2000, p. 210], made significant strides in the Other significant achievements recorded by Si- peace consolidation process in the country, with erra Leone included the successful holding of the completion of the disarmament, demobiliza- local elections on 22 May for the first time in 32 tion and reintegration process, the holding of years, the completion by the Special Court for local elections, the successful ending of the work Sierrra Leone of two full years of operation in of the Truth and Reconciliation Commission, the trying those accused of serious human rights gradual handover of responsibility for security abuses and crimes against humanity during the to the Government and the progressive consoli- decade-long civil war, the completion in July of dation of State authority. the repatriation by UNHCR of Sierra Leonean ref- The United Nations Mission in Sierra Leone ugees, mainly from Guinea and Liberia, and the (UNAMSIL) continued in 2004 to assist the Gov- release, in October, of the final report of the ernment in re-establishing a functioning State Truth and Reconciliation Commission, which and in meeting the benchmarks for the Mission’s provided an analysis of the causes, nature and drawdown and eventual withdrawal by the end circumstances that fuelled the war. of 2004. The Security Council, while noting the Having received reports of gradual and steady progress made by Sierra Leone, extended the progress in the Government’s achievement of the Mission’s mandate until 30 September. However, benchmarks, the Council, in September, ex- recognizing that some major gaps still existed, in tended UNAMSIL’s mandate for nine months. It particular with regard to the capacity of the Si- also defined the military, civilian police and erra Leone police and armed forces to maintain civilian tasks of UNAMSIL’s residual presence, security and stability, the Council acted on the which would remain in Sierra Leone for an initial Secretary-General’s recommendation that the period of six months from 1 January 2005. The timetable for the drawdown be extended to ensure Council agreed to review the presence of the a more gradual reduction in military strength, residual force in 2005. thus allowing for a smooth transition to a follow- on mission and eventual assumption by the Gov- UNAMSIL activities ernment of primary responsibility for national Report of Secretary-General (March). On 19 security. The Council decided that a residual March [S/2004/228], the Secretary-General issued UNAMSIL presence would remain in Sierra Le- his twenty-first report on UNAMSIL, in which he one, for an initial period of six months from outlined his proposals for a residual UN peace- 1 January 2005, to be reduced from 5,000 troops keeping presence in Sierra Leone after the termi- at the end of 2004 to 3,250 troops by 28 February nation of UNAMSIL’s mandate, based on the find- 2005. ings of a UN interdepartmental assessment Throughout 2004, Sierra Leone, with interna- mission, which visited Sierra Leone (9-19 Febru- tional assistance, worked to increase the size of its ary) to evaluate progress and collect information.

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The mission reported that the drawdown of tion assistance. The majority of the 6,845 child UNAMSIL, which was scheduled to take place in combatants who were demobilized were reunited December, was proceeding according to the plan with their families. outlined in resolution 1492(2003) [YUN 2003, p. 217]. State authority was consolidated, with govern- While significant progress had been made in ment officials deployed in all 12 administrative meeting the benchmarks [YUN 2002, p. 155] re- districts of the country and the return of para- quired for that process to continue, some major mount chiefs to their chiefdoms. Magistrate gaps remained, particularly with regard to the courts were rehabilitated in all districts, but the security sector, in consolidating State adminis- recruitment of judges and magistrates was ham- tration throughout the country and restoring pered by the poor conditions of service. Only five government control over diamond-mining activi- magistrates were assigned to service the 12 dis- ties. The Sierra Leone police force, with assist- tricts. As a temporary measure, justices of the ance in training and recruiting provided by an peace, trained with UNDP support, were deployed international police team, made progress in to 18 locations to perform judicial functions building its capacity to assume full responsibility under the supervision of the magistrates. Pro- for internal security. As of February,some 980 re- gress was also made in re-establishing govern- cruits were trained, bringing its strength to 7,115 ment administrative, security and judicial struc- officers, with the eventual aim of reaching its tures throughout the country, but their capacity pre-war level of 9,500 officers. The newly trained to function remained severely limited by the lack police were being deployed to the provinces, es- of logistics, infrastructure and qualified person- pecially in areas vacated by UNAMSIL and to the nel. diamond-mining and border areas in the east. The Government reasserted its control over The Government re-established a police pres- diamond mining through vigorous law-enforcement ence in all provincial and district headquarters measures, including the deployment of mine and major towns, and intended to deploy police monitors and wardens in mining areas, and in- in each chiefdom. UNAMSIL also provided advice centives to encourage legal mining. UNAMSIL co- on cross-border policing, airport security, crimi- operated with the Government in conducting ae- nal intelligence, policy and planning, and juve- rial surveys and ground patrols of mining areas. nile justice. Despite those gains, the national po- Among challenges faced by the industry were lice force was not yet capable of handling the fact that more than 50 per cent of diamond- widespread public disturbances, particularly in mining activities in the country remained unlicensed Freetown and the diamond-mining areas. In ad- and disputes continued among chiefdoms over dition, the force lacked the necessary accommo- diamond-mining rights and boundaries. dation and police stations. The assessment mission made suggestions for With regard to the armed forces, the Govern- remedial action that the Government and its ment, with international assistance, launched a partners could take to accelerate progress on the programme for building their operational benchmarks, minimize threats to stability and capacity to assume responsibility for external enable national institutions to take primary re- security and to backstop the police in maintain- sponsibility for security and national recovery. ing public order. Those measures included the The Government needed to sensitize the general deployment of three brigades to the provinces populace and explain the measures it was taking and border areas; the restructuring of the armed to address the economic and social challenges, forces to reduce troop strength from 14,000 to and encourage potential investors, in particular 10,500; and forging a cooperative relationship in the agriculture and mining sectors, to create between the armed forces, the National Security employment opportunities for youth. Prepara- Council and the National Security Council Coor- tions for the elections needed to be transparent dinating Group. and the necessary security arrangements put in UNAMSIL continued to conduct joint patrols place. In that respect, UNAMSIL conducted a and exercises with the Sierra Leone forces and threat assessment and a security plan was drawn police, but leaders stated that the armed forces up, in coordination with the Sierra Leone police. were not fully prepared or equipped to take over At the subregional level, the MRU countries security responsibilities from UNAMSIL by the (Guinea, Liberia and Sierra Leone) should re- end of the year, an assessment shared by all stake- sume dialogue aimed at building subregional holders and the UN assessment team. security structures and revitalizing the MRU sec- The Government closed the initial pro- retariat. The three UN peacekeeping missions in gramme for the reintegration of ex-combatants the area (UNAMSIL, UNMIL and MINUCI) should on 31 December 2003, with a total of 51,000 indi- continued cooperating on cross-border issues and viduals having received medium-term reintegra- in joint planning and sharing of information.

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Under consideration were the possibility of “hot sion would remain in Sierra Leone until the end pursuit” operations, joint air patrolling, shared of 2005, with a midyear review. border responsibility, the establishment of a sub- The Secretary-General invited the Security regional reserve force and joint planning for the Council to authorize the establishment of a resid- repatriation of foreign combatants. ual UN peacekeeping operation in Sierra Leone, In view of its assessment that key security as well as an appropriate adjustment in the cur- benchmarks would most likely not be met by De- rent drawdown plan of UNAMSIL, which would cember, the mission reported that all national include the retention of 1,500 troops from rele- and international stakeholders had emphasized vant UNAMSIL support units, for two months, to the need to maintain a post-UNAMSIL peace- facilitate a seamless transition to the follow-on keeping presence to, among other tasks, assist the mission. country in assuming its full responsibilities in the security sector. SECURITY COUNCIL ACTION (March) The Secretary-General recommended that the On 30 March [meeting 4938], the Security Coun- UNAMSIL drawdown plan be adjusted to avoid a cil unanimously adopted resolution 1537(2004). steep drop in the Mission’s military strength in The draft [S/2004/256] was prepared in consulta- the remaining phases of the withdrawal process, tions among Council members. reducing the military strength gradually from The Security Council, the current level of 11,500 to 5,000 between June Recalling its resolutions and the statements by its and 31 December 2004. A new follow-on mission President concerning the situation in Sierra Leone, would be established, whose primary purpose Affirming the commitment of all States to respect the would be to provide back-up security and accom- sovereignty, political independence and territorial in- pany the transition to national primacy until the tegrity of Sierra Leone, Commending the efforts of the Economic Com- Government’s security sector was adequately de- munity of West African States towards building peace veloped. The post-UNAMSIL peacekeeping mis- in the subregion, and encouraging the Presidents of sion would focus on three geographical areas: the the member States of the Mano River Union to resume west, including Freetown; the centre of the dialogue and to renew their commitment to building country, which was the stronghold of the former regional peace and security, Civil Defence Force (CDF); and the east, specifi- Expressing its appreciation to those Member States cally the border and diamond-mining areas. In providing troops, civilian police personnel and the centre, the new mission would act as a deter- support elements to the United Nations Mission in Sierra Leone, rent against possible destabilization of the work Having considered the report of the Secretary- of the Special Court for Sierra Leone or the Gov- General of 19 March 2004, ernment, backstop the police in maintaining Welcoming the significant progress made towards the security, provide security for UN personnel and benchmarks for the drawdown of the Mission, in ac- reinforce the western and eastern areas. In the cordance with Security Council resolutions 1436(2002) east, it would compensate for the lack of capacity of 24 September 2002 and 1492(2003) of 18 July 2003, by the Sierra Leone police and army to fully mon- and commending the Mission for the progress made to date in the adjustments to its size, composition and de- itor the border and maintain security in other ployment, parts of the country. The mission would consist Noting, however, that progress towards the bench- of three battalions, with 3,250 troops, 141 mili- marks remains fragile and some major gaps still re- tary observers and 80 civilian police personnel. main, in particular with regard to the capacity of the Certain tasks currently performed by UNAMSIL Sierra Leone police and armed forces to maintain would be assumed by other UN agencies by the security and stability effectively, end of 2004, while some of its offices, such as the Reiterating the importance of the effective consolida- electoral unit, would be phased out. The new tion of stability and State authority throughout Sierra Leone, particularly in the sensitive diamond- mission would have a public information unit producing areas and in the border areas, and stressing and a political policy and planning unit. It would continued United Nations support to the Government be headed by the Special Representative of the of Sierra Leone in fulfilling these objectives, Secretary-General and supported by a Deputy Emphasizing the importance of free, fair and trans- Special Representative, who would also serve as parent local elections in May 2004, and encouraging the UN Resident Coordinator and Humanitarian the Government of Sierra Leone to make the neces- Coordinator. Wherever UN military observers, sary preparations, assisted by the Mission, within its civil affairs, political and human rights officers mandate, Encouraging the Truth and Reconciliation Commis- and civilian police personnel were co-deployed, sion to produce its report as soon as possible, and wel- they would function as integrated units, in close coming the intention of the Government of Sierra collaboration with the UN country team and its Leone to establish a Human Rights Commission there- transitional support teams. The proposed mis- after,

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Noting the Secretary-General’s analysis of the need sider a contribution to the financing of the Court from for a significantly reduced United Nations peace- the regular budget, as contained in the report of the keeping presence to remain in Sierra Leone into 2005, Secretary-General to the General Assembly of 15 Emphasizing the importance of the Government of March 2004, and urges all States to cooperate fully Sierra Leone assuming full responsibility for national with the Court; security as soon as possible, 10. Commends the efforts of the Secretary-General 1. Decides that the mandate of the United Nations to establish cooperation between the United Nations Mission in Sierra Leone shall be extended for a period missions in the subregion, and welcomes his intention, of six months until 30 September 2004; set out in paragraph 65 of his report, to submit recom- 2. Welcomes the intention of the Secretary-General mendations to the Council by the end of 2004 on how to adjust the timetable for the drawdown of the Mis- such cooperation might be strengthened; sion during 2004, in order to ensure a more gradual 11. Requests the Mission to share its experience with reduction in its military strength, as outlined in para- the United Nations Mission in Liberia and the United graph 72 of his report; Nations Operation in Côte d’Ivoire and to carry out its 3. Urges the Government of Sierra Leone to inten- mandate in close liaison with them, especially in the sify its efforts to develop an effective and sustainable po- prevention of movements of arms and combatants lice force, army, penal system and independent judi- across borders and in the implementation of disarma- ciary,so that the Government can rapidly take over from ment, demobilization and reintegration programmes; the Mission full responsibility for maintaining law and 12. Decides to remain actively seized of the matter. orderthroughoutSierraLeone,andencouragesdonors and the Mission, in accordance with its mandate, to con- tinue to assist the Government in this regard; Security Council mission. The Security Coun- 4. Also urges the Government of Sierra Leone to cil mission to West Africa (see p. 169), which vis- continue to strengthen its control over and regulation ited Sierra Leone on 25 June, reported on 2 July of diamond mining, including through the High-level [S/2004/525] that it was pleased to see that signifi- Steering Committee; cant progress had been achieved in the peace con- 5. Decides that a residual Mission presence will re- solidation process in the country. However, the main in Sierra Leone, for an initial period of six gains remained fragile and considerable chal- months from 1 January 2005, reduced from the De- cember 2004 level of 5,000 troops to a new ceiling of lenges still faced the Government, such as wide- 3,250 troops, 141 military observers and 80 United spread unemployment; trials under way at the Nations civilian police personnel by 28 February 2005, Special Court for Sierra Leone; control over the and requests the Secretary-General to proceed with diamond-mining areas; and potential external planning on the basis of the recommendations con- threats from spillover from other conflicts in the tained in his report, in order to ensure a seamless tran- region. Noting President Alhaji Ahmad Tejan sition from the current configuration of the Mission to Kabbah’s hope that the maintenance of the residual presence; UNAMSIL’s presence in the country from January 6. Affirms its intention to confirm the precise tasks of the residual Mission presence, and the benchmarks for 2005 would allow the Sierra Leone army and po- its duration, no later than 30 September 2004; lice force to strengthen their capacity and re- 7. Requests the Secretary-General to provide by sources to assume responsibility for national 15 September 2004 a progress report, including pro- security, the mission underlined the importance gress made in the work of the Special Court for Sierra of that goal and encouraged donors to contribute Leone, progress in resolving the conflict in Liberia, to the restructuring and strengthening of the further increases in the capability of the Sierra Leone security sector. It also encouraged donors to con- police and armed forces and strengthened coopera- tion among United Nations missions in the subregion, tribute to the Court for Sierra Leone, given its with recommendations for any modifications that such importance for long-term reconciliation. The progress might allow to the size, composition, duration mission stressed the need to address the root and benchmarks of the residual Mission presence; causes of the conflict, including through a pov- 8. Welcomes the intention of the Secretary-General erty reduction strategy, the continuing consolida- to keep the security, political, humanitarian and hu- tion of State authority throughout the country man rights situation in Sierra Leone under close re- and anti-corruption measures. view and to report to the Council, after due consulta- tions with troop-contributing countries and the Report of Secretary-General (July). On 6 July Government of Sierra Leone, including by quarterly [S/2004/536], the Secretary-General, in his twenty- assessments of progress against the benchmarks for second report on UNAMSIL, noted that the overall the drawdown of the Mission, including the capacity political and security situation in Sierra Leone of the Sierra Leone security sector; remained stable, allowing the Mission to con- 9. Expresses its appreciation for the essential work be- tinue with its drawdown and withdrawal plan to ing carried out by the Special Court for Sierra Leone, handover to the Government the primary re- notes with serious concern the precarious financial sit- uation of the Court for its third year of operation, sponsibility for security in the Northern and urges all countries to submit their outstanding Southern Provinces and to support the national pledged funds immediately, supports the request by police in those areas. The handover of responsi- the Secretary-General to the General Assembly to con- bility for security to the Government in the East-

YUN04—6th proofs / OF July 24 2006 216 Political and security questions ern Province and the Western Area (Freetown dergo disarmament and demobilization in and outlying parts) was scheduled to take place in Liberia, and would have the option of staying or August and September, respectively. UNAMSIL returning to Sierra Leone. A similar choice and the Government jointly evaluated the would be given to the 500 to 800 Sierra Leonean security situation at the National Security Coun- ex-combatants in Côte d’Ivoire. cil Coordinating Group’s weekly meetings. The The Special Court for Sierra Leone com- Mission worked with the provincial and district menced joint trials of indictees on 3 June, with security committees and conducted joint exer- the trial of members of the former CDF, includ- cises with the Sierra Leone police and Republic ing the former Minister of the Interior, Sam of Sierra Leone Armed Forces (RSLAF). The Hinga Norman. The trial of members of the for- security environment in the border areas needed mer RUF was scheduled to begin in July, while robust patrolling and monitoring, particularly that of the former Armed Forces Revolutionary along the border with Guinea, where some Council members depended on the appointment Guinean troops had crossed over to engage in of a second trial chamber and the readiness of the farming and hunting inside Sierra Leone. defence team. In planning its exit strategy, the Local elections were held on 22 May,the first in Court was negotiating bilateral agreements with 32 years, and were contested by 1,115 candidates, several countries for the enforcement of sen- the majority of whom belonged to the two main tences and the relocation of witnesses. Some parties, the Sierra Leone People’s Party and the Governments had already responded positively. All People’s Congress (APC), as well as 347 inde- Overall, the Secretary-General found that the pendent candidates. The Revolutionary United Government had made significant progress in Front Party did not take part in the elections, re- consolidating peace and in promoting national portedly owing to financial constraints. A total of reconciliation and economic recovery. He urged 2,271,435 voters were registered. The elections the newly elected local councils to become instru- resulted in 475 posts of councillor being filled in ments for improving the life of communities. He 394 wards nationwide. UNAMSIL provided logis- expressed regret at incidents between the armed tical support for the elections, including land and forces and the Sierra Leone police as the Govern- air transport to most chiefdoms, communications ment took over responsibility for security from support, technical assistance to the National UNAMSIL throughout the country. It was essential Electoral Commission (NEC) and election polic- for the Government to implement expeditiously ing, while UNDP funded civic education activities. its plan for addressing major security sector gaps. With a view to preparing for national elections in Security Council consideration. At consulta- 2007, NEC requested further technical assistance tions held on 15 July [S/2004/623] on the Secretary- from the United Nations; an electoral needs as- General’s report (above), Security Council mem- sessment mission was dispatched to Sierra Leone bers took note of the significant progress in con- in June. solidating peace in Sierra Leone, facilitated by In terms of meeting the benchmarks for the the implementation of the UNAMSIL drawdown drawdown of UNAMSIL, the Sierra Leone police plan. However, they noted the fragility of the made progress towards assuming responsibility gains made so far and underlined the need for ac- for the maintenance of law and order. The pace celerated progress on the key benchmarks. of training and recruitment had accelerated, Report of Secretary-General (September). bringing the total force to 7,903. UNAMSIL contin- The Secretary-General, on 9 September [S/2004/ ued to assist in raising the professional standards 724], issued his twenty-third report on UNAMSIL. of the police by conducting in-service courses. He stated that the improved security situation en- With other UN agencies, it was also running hu- abled the Mission to hand over primary responsi- man rights workshops. RSLAF made progress in bility for security in the Eastern Province to the restructuring, and the envisaged downsizing Government on 4 August. The relationship be- from 14,000 to 10,500 by 2007 was on track. tween RSLAF and the Sierra Leone police im- UNAMSIL provided training in military policing, proved and measures were taken to improve col- vehicle maintenance, information technology laboration between them. The security situation and communications. in the border areas remained volatile, with re- The disarmament, demobilization and reinte- ports of arms smuggling into Liberia from Sierra gration programme was officially closed on 31 Leone. The security environment along the March, with a total of 54,000 ex-combatants hav- border with Guinea was also of concern in the ing received reintegration benefits over the pre- light of reports that some Guinean armed forces vious four years. As agreed by Sierra Leone and were harassing Sierra Leonean civilians. In that Liberia, the estimated 500 to 2,000 Sierra regard, the 5 August meeting in Conakry be- Leonean ex-combatants in Liberia would un- tween the two Governments on resolving the

YUN04—6th proofs / OF July 24 2006 Africa 217 boundary dispute in the area of Yenga was a wel- act establishing the National Human Rights come development. In a meeting on the Yenga Commission. A Law Reform Commission was issue between President Kabbah and Guinean also established to review existing laws and to President Lansana Conté in Conakry on 2 Sep- make recommendations for the repeal, amend- tember, the two leaders agreed that the village of ment or enactment of new laws. The entire jus- Yenga belonged to Sierra Leone, in accordance tice system needed urgent reform to address the with the 1912 treaty signed between France and problems of inadequate personnel, lack of access the United Kingdom. On 6 September, the two to current legislation and jurisprudence in codi- countries agreed to establish joint investigation fied form, respect for human rights in the and technical committees to prepare reports on administration of justice and the lack of re- the Yenga issue. sources. On 21 July, 64 former RUF members and In reviewing the transition to a residual UN 33 of the so-called West Side Boys, detained in presence in Sierra Leone and the required Pademba prison for over three years, rioted to benchmarks, the Secretary-General stated that, protest another postponement of their court ap- despite the efforts of the Government and a mili- pearances. The police brought the situation tary training team from the United Kingdom, under control, and a month later, the Govern- several factors hampered the operational effec- ment released 16 of them on the advice of the in- tiveness of both the Sierra Leone police and ternational community. RSLAF. Unless the issues of logistics, communica- The Truth and Reconciliation Commission tions, accommodation and transport shortfalls completed its operational mandate, having col- were addressed, the security sector would not be lected over 8,000 statements on the issues, events able to assume full security responsibilities in the and violations of human rights that occurred future. RSLAF’s capacity to assume effective re- during the decade-long civil war. The Special sponsibility for security against external threats Court for Sierra Leone, which had completed would remain a key benchmark in reviewing the two years of operation, began the trial of three tasks of the residual UNAMSIL presence after members of the former CDF on 3 July and contin- 2004. Before UNAMSIL completed its drawdown ued with the trial of three former RUF members. by the end of 2005, RSLAF should have a fully op- The repatriation by UNHCR of Sierra Leonean erational company, with a full complement of ve- refugees, mainly from Guinea and Liberia, was hicles, radios and accommodation, the ability to completed on 21 July. Since the repatriation be- deploy within 48 hours into border areas to pre- gan in 2001, UNHCR had repatriated 179,000 refu- vent armed incursions, and a fully operational in- gees, with 25,913 Sierra Leoneans repatriated in fantry battalion to deploy anywhere in the 2004. Another 92,000 refugees returned unas- country in support of the national police within sisted and an estimated 15,000 opted to stay in 24 hours. The army would also need to establish other countries. Sierra Leone continued to host a reliable military communications system. By some 66,000 Liberian refugees. the end of 2005, the police force should have The Secretary-General concluded that the completed all planned deployments to the prov- overall gradual progress and stable political envi- inces, attained the planned level of 9,500 person- ronment in Sierra Leone continued to facilitate nel and ensured that its units were adequately the consolidation of peace. The Government had equipped before UNAMSIL’s withdrawal. An- made significant progress towards accomplish- other benchmark for drawdown was the full de- ing a number of benchmarks for the withdrawal ployment of the United Nations Mission in Libe- of UNAMSIL. That situation had permitted a slow ria, especially in areas close to Liberia’s border increase in economic and commercial activity with Sierra Leone. The Secretary-General sug- throughout the country. Further progress would gested that the benchmarks be reviewed by mid- depend on continued support from international 2005, with a view to determining further adjust- donors. In order to continue with the gradual ments in UNAMSIL components. drawdown of UNAMSIL and to ensure a smooth On 29 June, a UNAMSIL civil contractor heli- transition from the current configuration of the copter carrying 24 UN and non-UN personnel Mission to its residual presence in Sierra Leone, crashed, and all aboard were killed. The cause of he recommended that its mandate be extended the crash was under investigation at the time of for nine months, until 30 June 2005. the report. The human rights situation had gradually im- SECURITY COUNCIL ACTION (September) proved as a result of UNAMSIL’s training and sen- On 17 September [meeting 5037], the Security sitization efforts, in partnership with the Govern- Council unanimously adopted resolution 1562 ment and local human rights organizations. On (2004). The draft [S/2004/741] was prepared in 30 July, the Sierra Leone Parliament passed an consultations among Council members.

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The Security Council, — To assist the Sierra Leone police with its pro- Recalling its previous resolutions and the statements gramme of recruitment, training and mentoring by its President concerning the situation in Sierra Le- designed to strengthen further the capacity and one, resources of the police; Affirming the commitment of all States to respect the — To protect United Nations personnel, installations sovereignty, political independence and territorial in- and equipment and ensure the security and free- tegrity of Sierra Leone, dom of movement of United Nations personnel, Commending the efforts of the Economic Com- within its capabilities and its areas of deployment; munity of West African States towards building peace Civilian tasks in the subregion, and encouraging the Mano River — To monitor the repatriation, reception, resettle- Union member States to continue their dialogue aimed ment and reintegration of Sierra Leonean ex- at building regional peace and security, combatants from abroad; Encouraging the United Nations missions in the re- — To monitor, investigate, report and promote the gion to continue their efforts towards developing inter- observance of human rights; mission cooperation, especially in the prevention of — To disseminate information on the mandate and movements of arms and combatants across borders purpose of the mission and publicize the Gov- and in the implementation of disarmament, demobili- ernment’s primary responsibility for national zation and reintegration programmes, security,including through United Nations radio; Having considered the report of the Secretary- — To monitor progress towards consolidation of General of 9 September 2004, State authority throughout the country; Welcoming the further progress made towards the 3. Authorizes the residual Mission presence to use all benchmarks for drawdown of the United Nations Mis- necessary means to carry out its mandate, within its ca- sion in Sierra Leone, and commending the Mission for pabilities and its areas of deployment; the progress made to date in the adjustments to its size, 4. Expresses its intention to review regularly the resid- composition and deployment, ual Mission presence against the following bench- Underlining the importance of additional efforts to marks: strengthen the capacity of the Sierra Leone police and — Strengthening the capacity of the Sierra Leone armed forces to maintain security and stability effec- armed forces and police to maintain security and tively, stability effectively throughout the country; Underlining also the importance of increasingly close — Consolidating State authority throughout the collaborationbetweentheMissionandtheUnitedNations country; country team in Sierra Leone, to ensure a smooth transi- — Consolidating the deployment of the United tion after the final departure of the Mission, Nations Mission in Liberia throughout Liberia; Expressing its appreciation for the essential work of the 5. Welcomes the Secretary-General’s assurance, as Special Court for Sierra Leone, noting its vital contri- set out in paragraph 91 of his report of 19 March 2004, bution to the establishment of the rule of law in Sierra that where military observers, civil affairs officers, pol- Leone, and encouraging all States to cooperate fully itical affairs officers, human rights officers and with the Court, civilian police personnel are co-deployed, they will function as integrated units and work in close collabo- Determining that the situation in Sierra Leone con- ration with the United Nations country team; tinues to constitute a threat to international peace and 6. Urges the Government of Sierra Leone to inten- security in the region, sify its efforts to develop an effective and sustainable Acting under Chapter VII of the Charter of the police force, armed forces, penal system and indepen- United Nations, dent judiciary, so that the Government can take over 1. Decides that the mandate of the United Nations from the United Nations Mission in Sierra Leone as Mission in Sierra Leone shall be extended until soon as possible full responsibility for maintaining law 30 June 2005; and order throughout Sierra Leone, including in the 2. Decides also that the tasks of the residual Mission sensitive diamond-producing areas, and encourages presence, which shall remain in Sierra Leone for an donors and the Mission, in accordance with its man- initial period of six months from 1 January 2005, as set date, to continue to assist the Government in this re- out in paragraph 5 of resolution 1537(2004) of 30 gard, as well as to assist the Government in restoring March 2004, shall be the following: public services throughout the country; Military and civilian police tasks 7. Welcomes the Secretary-General’s intention to keep the security, political, humanitarian and human — To monitor, in conjunction with district and pro- rights situation in Sierra Leone under close review and vincial security committees, the overall security to report regularly to the Council, after due consulta- situation, to support the Sierra Leone armed tions with troop-contributing countries and the Gov- forces and police in patrolling the border and ernment of Sierra Leone; diamond-mining areas, including through joint 8. Decides to remain actively seized of the matter. planning and joint operations where appropri- ate, and to monitor the growing capacity of the Sierra Leone security sector; Report of Secretary-General (December). In — To support the Sierra Leone police in maintain- his twenty-fourth report on UNAMSIL issued on 10 ing internal security, including security for the December [S/2004/965], the Secretary-General Special Court for Sierra Leone while the Mission said that, on 23 September, UNAMSIL transferred remains deployed in Sierra Leone; to the Government primary responsibility for

YUN04—6th proofs / OF July 24 2006 Africa 219 security in the western area, thereby completing macroeconomic situation had a positive impact the overall transfer. Consequently, the Mission’s on the living standards of the population. The role was readjusted to that of providing support poverty reduction strategy paper, which was be- to the national security services. The relationship ing finalized, would provide the framework for between the Sierra Leone armed forces and po- such action, while post-conflict aid would need to lice continued to improve, as the leadership of be followed by adequate longer-term donor the two agencies committed themselves, in a 9 Au- assistance and development. gust joint communiqué, to enhancing coopera- tion. However, the issue of the border village of UNAMSIL financing Yenga remained a cause for concern. Despite the The Secretary-General submitted to the Gen- 2 September agreement (see p. 216) affirming Si- eral Assembly at its resumed fifty-eighth (2004) erra Leone’s sovereignty over the village, session the performance report on the UNAMSIL Guinean armed forces maintained a small pres- budget for 1 July 2002 to 30 June 2003 [A/58/660], ence in the area, and there were reports of Sierra which showed that, of a total appropriation of Leonean civilians being harassed by them. The $669,476,400, actual expenditure amounted to issue continued to generate tensions and had the $603,085,500, a variance of 9.9 per cent. He also potential of negatively affecting relations be- submitted the proposed budget for the mainte- tween the two countries. nance of the Mission for the period from 1 July The drawdown of UNAMSIL remained on 2004 to 30 June 2005 [A/58/661], totalling track. A national security exercise was held in $199,799,800 gross. November to test planning procedures following ACABQ, having reviewed the reports, recom- UNAMSIL’s disengagement, including the opera- mended on 8 April [A/58/759/Add.3] that the ap- tional preparedness of the Sierra Leone police proved appropriation for 2002/03 be reduced to and armed forces joint force command. Mean- $633,447,400 and that the total apportionment while, to ensure a seamless transition from peace- granted by the Assembly for the maintenance of keeping to peace-building in Sierra Leone, UNAMSIL the Mission during the same period be increased and the UN country team jointly developed a from $622,469,200 to $633,447,400. The Assem- transition plan, identifying priority tasks to be bly should decide on the treatment of other in- implemented in 2005, with a focus on national come and adjustments for 2002/03 in the amount capacity-building, strengthening national own- of $27,223,300. ACABQ made suggestions for re- ership and ensuring the Government’s lead in ducing costs and recommended that the esti- the formulation and implementation of policies mated budget for the 2004/05 period be reduced and programmes in key areas, and ensuring that from $199,799,800 to $196,982,200. it addressed the root causes of the conflict. The final report of the Truth and Reconcilia- GENERAL ASSEMBLY ACTION (June) tion Commission was presented to President On 18 June [meeting 91], the General Assembly, Kabbah on 5 October and subsequently released on the recommendation of the Fifth Committee to the public [ECOSOC/6140-GA/10287-SC/8227]. The [A/58/829], adopted resolution 58/308 without report covered the 10-year conflict, its causes, na- vote [agenda item 146]. ture, human rights violations, the role of external Financing of the United Nations actors and circumstances that fuelled the war, Mission in Sierra Leone such as mineral resources. On 15 October, the The General Assembly, Special Court signed its first agreement on the Having considered the reports of the Secretary- enforcement of sentences, which would allow General on the financing of the United Nations Mis- some of those convicted to serve their sentences sion in Sierra Leone and the related reports of the Ad- outside Sierra Leone. It also concluded a limited visory Committee on Administrative and Budgetary number of witness relocation agreements and fi- Questions, Bearing in mind Security Council resolution 1270 nalized its work completion strategy. In the jus- (1999) of 22 October 1999, by which the Council estab- tice sector, appointment by the Government of a lished the United Nations Mission in Sierra Leone, number of High Court judges would help to ex- and the subsequent resolutions by which the Council pedite adjudication of the large backlog of cases revised and extended the mandate of the Mission, the pending before the courts. latest of which was resolution 1537(2004) of 30 March The Secretary-General observed that, as Sierra 2004, Leone moved from recovery and reconstruction Recalling its resolution 53/29 of 20 November 1998 on the financing of the United Nations Observer Mis- to the development phase, concerted and highly sion in Sierra Leone and subsequent resolutions on the focused actions by the Government and its inter- financing of the United Nations Mission in Sierra Le- national partners should address poverty allevia- one, the latest of which was resolution 57/291 B of 18 tion to ensure that the improvements in the June 2003,

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Reaffirming the general principles underlying the fi- Financial performance report for the period nancing of United Nations peacekeeping operations, from 1 July 2002 to 30 June 2003 as stated in General Assembly resolutions 1874(S-IV) 11. Takes note of the report of the Secretary-General of 27 June 1963, 3101(XXVIII) of 11 December 1973 on the financial performance of the Mission for the pe- and 55/235 of 23 December 2000, riod from 1 July 2002 to 30 June 2003; Noting with appreciation that voluntary contributions 12. Decides to reduce the appropriation authorized have been made to the Mission, for the Mission for the period from 1 July 2002 to 30 Mindful of the fact that it is essential to provide the June 2003 under the terms of its resolution 56/251 B Mission with the necessary financial resources to en- of 27 June 2002 from 699,838,300 dollars to able it to fulfil its responsibilities under the relevant 633,447,400 dollars; resolutions of the Security Council, 13 . Decides also, taking into account the amount of 622,469,200 dollars already apportioned for the period 1. Takes note of the status of contributions to the from 1 July 2002 to 30 June 2003 in accordance with United Nations Observer Mission in Sierra Leone and the provisions of its resolution 56/251B and its resolu- the United Nations Mission in Sierra Leone as at 15 tion 57/291 A of 20 December 2002, to apportion April 2004, including the contributions outstanding in among Member States the additional amount of the amount of 85.5 million United States dollars, rep- 10,978,200 dollars for the period from 1 July 2002 to 30 resenting some 6.5 per cent of the total assessed contri- June 2003, in accordance with the levels set out in Gen- butions, notes with concern that only thirty Member eral Assembly resolution 55/235, as adjusted by the As- States have paid their assessed contributions in full, sembly in its resolutions 55/236 of 23 December 2000 and urges all other Member States, in particular those and 57/290 A of 20 December 2002, taking into ac- in arrears, to ensure payment of their outstanding as- count the scale of assessments for 2002 and 2003, as set sessed contributions; out in its resolutions 55/5 B of 23 December 2000 and 2. Expresses its appreciation to those Member States 57/4 B of 20 December 2002; which have paid their assessed contributions in full, 14 . 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 13 above, 3. Expresses concern at the financial situation with their respective share in the Tax Equalization Fund of regard to peacekeeping activities, in particular as re- the estimated increase in the staff assessment income gards the reimbursements to troop contributors that of 230,000 dollars approved for the Mission for the pe- bear additional burdens owing to overdue payments riod from 1 July 2002 to 30 June 2003; by Member States of their assessments; 15. Decides to approve the decrease in the estimated 4. Also expresses concern at the delay experienced by staff assessment income for the period from 1 July 2002 the Secretary-General in deploying and providing ade- to 30 June 2003 from 10,678,500 dollars to 9,560,600 quate resources to some recent peacekeeping missions, dollars; in particular those in Africa; Budget estimates for the period 5. Emphasizes that all future and existing peace- from 1 July 2004 to 30 June 2005 keeping missions shall be given equal and non- 16. Decides also to appropriate to the Special Account discriminatory treatment in respect of financial and for the United Nations Mission in Sierra Leone the administrative arrangements; amountof207,246,100dollarsfortheperiodfrom1July 6. Also emphasizes that all peacekeeping missions 2004 to 30 June 2005, inclusive of 196,982,200 dollars shall be provided with adequate resources for the forthemaintenanceoftheMission,8,391,200dollarsfor effective and efficient discharge of their respective the support account for peacekeeping operations and mandates; 1,872,700dollarsfortheUnitedNationsLogisticsBase; 7. Reiterates its request to the Secretary-General to Financing of the appropriation make the fullest possible use of facilities and equip- 17. Decides further to apportion among Member ment at the United Nations Logistics Base at Brindisi, States the amount of 207,246,100 dollars at a monthly Italy, in order to minimize the costs of procurement for rate of 17,270,508 dollars, in accordance with the levels the Mission; set out in General Assembly resolution 55/235, as ad- justed by the Assembly in its resolution 55/236 and up- 8. Endorses the conclusions and recommendations contained in the report of the Advisory Committee on dated in its resolution 58/256 of 23 December 2003, Administrative and Budgetary Questions, and requests taking into account the scale of assessments for 2004 - the Secretary-General to ensure their full implementa- and 2005, as set out in its resolution 58/1 B of 23 De tion, bearing in mind that the budget may be revised in cember 2003, subject to a decision of the Security light of Security Council resolution 1537(2004); Council to extend the mandate of the Mission; 18. Decides that, in accordance with the provisions 9. 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 17above, their respective share in the 10. Also requests the Secretary-General, in order to Tax Equalization Fund of 5,610,700 dollars at a reduce the cost of employing General Service staff, to monthly rate of 467,558 dollars, comprising the esti- continue efforts to recruit local staff for the Mission mated staff assessment income of 4,280,600 dollars ap- against General Service posts, commensurate with the proved for the Mission, the prorated share of 1,224,600 requirements of the Mission; dollars of the estimated staff assessment income ap-

YUN04—6th proofs / OF July 24 2006 Africa 221 proved for the support account and the prorated share Bearing in mind Security Council resolution 1270 of 105,500 dollars of the estimated staff assessment in- (1999) of 22 October 1999, by which the Council estab- come approved for the United Nations Logistics Base; lished the United Nations Mission in Sierra Leone, and 19 . Decides also that, for Member States that have thesubsequentresolutionsby whichtheCouncilrevised fulfilled their financial obligations to the Mission, and extended the mandate of the Mission, the latest of there shall be set off against their apportionment, as whichwasresolution1562(2004)of17September2004, provided for in paragraph 17 above, their respective Recalling its resolution 53/29 of 20 November 1998 share of the other income in the amount of 27,223,000 on the financing of the United Nations Observer Mis- dollars in respect of the financial period ended 30 sion in Sierra Leone and subsequent resolutions on the June 2003, in accordance with the levels set out in Gen- financing of the United Nations Mission in Sierra Le- eral Assembly resolution 55/235, as adjusted by the As- one, the latest of which was resolution 58/308 of 18 sembly in its resolutions 55/236 and 57/290 A, taking June 2004, into account the scale of assessments for 2003 as set out Reaffirming the general principles underlying the fi- in its resolutions 55/5 B and 57/4 B; nancing of United Nations peacekeeping operations, 20. Decides further that, for Member States that have as stated in General Assembly resolutions 1874(S-IV) not fulfilled their financial obligations to the Mission, of 27 June 1963, 3101(XXVIII) of 11 December 1973 there shall be set off against their outstanding obliga- and 55/235 of 23 December 2000, tions their respective share of the other income in the Noting with appreciation that voluntary contributions amount of 27,223,000 dollars in respect of the finan- have been made to the Mission, cial period ended 30 June 2003, in accordance with the Mindful of the fact that it is essential to provide the scheme set out in paragraph 19 above; Mission with the necessary financial resources to en- 21. Emphasizes that no peacekeeping mission shall able it to fulfil its responsibilities under the relevant be financed by borrowing funds from other active resolutions of the Security Council, peacekeeping missions; 1. Takes note of the status of contributions to the 22. Encourages the Secretary-General to continue to United Nations Observer Mission in Sierra Leone and take additional measures to ensure the safety and the United Nations Mission in Sierra Leone as at 30 security of all personnel under the auspices of the September 2004, including the contributions out- United Nations participating in the Mission; standing in the amount of 84.9 million United States 23. Invites voluntary contributions to the Mission in dollars, representing some 3 per cent of the total as- cash and in the form of services and supplies accepta- sessed contributions, notes with concern that only ble to the Secretary-General, to be administered, as ap- thirty-four Member States have paid their assessed propriate, in accordance with the procedure and prac- contributions in full, and urges all other Member tices established by the General Assembly; States, in particular those in arrears, to ensure pay- ment of their outstanding assessed contributions; 24. Decides to include in the provisional agenda of 2. Expresses its appreciation to those Member States its fifty-ninth session the item entitled “Financing of which have paid their assessed contributions in full, the United Nations Mission in Sierra Leone”. and urges all other Member States to make every possi- ble effort to ensure payment of their assessed contribu- The Secretary-General, in August [A/59/286], tions to the Mission in full; submitted revised estimates for the UNAMSIL 3. Expresses concern at the financial situation with budget for the period from 1 July 2004 to 30 June regard to peacekeeping activities, in particular as re- 2005, consequent upon the Security Council’s gards the reimbursements to troop contributors that decision in resolution 1537(2004) (see p. 214) to bear additional burdens owing to overdue payments retain a residual UNAMSIL presence in Sierra by Member States of their assessments; Leone from 1 January 2005. The revised budget 4. Also expresses concern at the delay experienced by the Secretary-General in deploying and providing ade- amounted to $291,603,600, an increase of quate resources to some recent peacekeeping missions, $94,621,400. in particular those in Africa; ACABQ, in its October report [A/59/417] on the 5. Emphasizes that all future and existing peace- revised budget, recommended approval of the keeping missions shall be given equal and non- full amount proposed by the Secretary-General. discriminatory treatment in respect of financial and administrative arrangements; GENERAL ASSEMBLY ACTION (October) 6. Also emphasizes that all peacekeeping missions shall be provided with adequate resources for the On 29 October [meeting 46], the General Assem- effective and efficient discharge of their respective bly,on the recommendation of the Fifth Commit- mandates; tee [A/59/527], adopted resolution 59/14 without 7. Reiterates its request to the Secretary-General to vote [agenda item 136]. make the fullest possible use of facilities and equip- ment at the United Nations Logistics Base at Brindisi, Financing of the United Nations Italy, in order to minimize the costs of procurement for Mission in Sierra Leone the Mission; The General Assembly, 8. Endorses the conclusions and recommendations Having considered the report of the Secretary-General contained in the report of the Advisory Committee on onthefinancingoftheUnitedNationsMissioninSierra Administrative and Budgetary Questions, and requests Leone and the related report of the Advisory Commit- the Secretary-General to ensure their full implementa- tee on Administrative and Budgetary Questions, tion;

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9. Requests the Secretary-General to take all neces- lished in 2002 [YUN 2002, p. 164] as requested by the sary action to ensure that the Mission is administered Council in resolution 1315(2000) [YUN 2000, p. 205]. with a maximum of efficiency and economy; Since voluntary contributions for the operation 10. Also requests the Secretary-General, in order to of the Court, to date, were estimated at only reduce the cost of employing General Service staff, to continue efforts to recruit local staff for the Mission $8 milion, the anticipated shortfall was projected against General Service posts, commensurate with the between $20 million and $22 million. To address requirements of the Mission; the situation, the Secretary-General proposed Revised budget estimates for the that the shortfall for all or part of the third-year period from 1 July 2004 to 30 June 2005 costs of the Court be provided by assessment and 11. Decides to appropriate to the Special Account for invited the Council to bring the matter to the the United Nations Mission in Sierra Leone the attention of the General Assembly. amount of 94,621,400 dollars for the maintenance of On 10 March [S/2004/183], the Security Council the Mission for the period from 1 July 2004 to 30 June President informed the Secretary-General that it 2005, in addition to the amount of 207,246,100 dollars had no objection to his proposal for supplement- already appropriated for the same period under the terms of its resolution 58/308; ing the voluntary contributions for financing the Court. Financing of the appropriation 12. Decides also, taking into account the amount of The Secretary-General, on 15 March [A/58/ 207,246,100 dollars previously apportioned under the 733], submitted to the Assembly for approval a re- terms of its resolution 58/308, to apportion among quest for a subvention to the Special Court for Si- Member States the additional amount of 94,621,400 erra Leone for the period from 1 July 2004 to 31 dollars at a monthly rate of 7,885,117dollars, in accord- December 2005 of up to $40 million, of which ance with the levels set out in General Assembly reso- $16.7 million related to the period from 1 July to lution 55/235, as adjusted by the Assembly in its reso- 31 December 2004 and the remaining $23.3 mil- lution 55/236 of 23 December 2000 and updated in its resolution 58/256 of 23 December 2003, taking into lion to 2005. The amount requested would sup- account the scale of assessments for 2004 and 2005, as plement voluntary contributions, including set out in its resolution 58/1 B of 23 December 2003; those pledged but not yet paid. Any voluntary 13 . Decides further that, in accordance with the pro- contributions received would reduce the amount visions of its resolution 973(X) of 15 December 1955, to be assessed. there shall be set off against the apportionment among On 17March [A/58/7/Add.30], ACABQ, having re- Member States, as provided for in paragraph 12 above, their respective share in the Tax Equalization Fund of viewed the request, recommended that commit- the amount of 2,096,500 dollars, at a monthly rate of ment authority be granted in the amount of 174,708 dollars, representing the additional estimated $16.7 million. ACABQ intended to revert to the staff assessment income approved for the Mission; matter when it had received a detailed submis- 14 . Emphasizes that no peacekeeping mission shall sion, and would provide a detailed recommenda- be financed by borrowing funds from other active tion to the Assembly on the required level of fi- peacekeeping missions; nancial assistance and the source of financing. 15. Encourages the Secretary-General to continue to take additional measures to ensure the safety and security of all personnel under the auspices of the GENERAL ASSEMBLY ACTION (April) United Nations participating in the Mission; On 8 April [meeting 83], the General Assembly, 16. Invites voluntary contributions to the Mission in on the recommendation of the Fifth Committee cash and in the form of services and supplies accepta- [A/58/573/Add.1], adopted resolution 58/284 with- ble to the Secretary-General, to be administered, as ap- out vote [agenda item 121]. propriate, in accordance with the procedure and prac- tices established by the General Assembly; Special Court for Sierra Leone 17. Decides to keep under review during its fifty- The General Assembly, ninth session the item entitled “Financing of the Having considered the report of the Secretary- United Nations Mission in Sierra Leone”. General on the request for a subvention to the Special Court for Sierra Leone submitted in response to the The Assembly, on 23 December, decided that exchange of letters between the Secretary-General and the agenda item on UNAMSIL financing would re- the President of the Security Council and the related main for consideration at its resumed fifty-ninth report of the Advisory Committee on Administrative (2005) session (decision 59/552). and Budgetary Questions, 1. Endorses the conclusions and recommendations Financing of Special Court of the Advisory Committee on Administrative and Budgetary Questions contained in its report, subject to The Secretary-General, on 26 February the provisions of the present resolution, and in this re- [S/2004/182], informed the Security Council of the gard requests the Secretary-General to provide the shortfall in the budget for the third year of opera- necessary report to the General Assembly at its fifty- tion of the Special Court for Sierra Leone, estab- ninth session;

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2. Authorizes the Secretary-General, as an excep- 2004-2005 programme budget. He should con- tional measure, to enter into commitments in an tinue to raise voluntary contributions for the amount not to exceed 16.7 million United States dol- Court and submit a progress report at the Assem- lars to supplement the financial resources of the Spe- cial Court for Sierra Leone for the period from 1 July bly’s resumed fifty-ninth session. Member States to 31 December 2004, on the understanding that any were asked to continue to provide funds in regular budget funds appropriated for the Court support of the Court. would be refunded to the United Nations at the time of liquidation of the Court should sufficient voluntary Sanctions contributions be received; 3. Requests the Secretary-General, in concert with The Chairman of the Security Council Com- the Management Committee, to redouble efforts to mittee established pursuant to resolution 1132 raise voluntary contributions to support the work of (1997) [YUN 1997, p. 135] on Sierra Leone, reported the Court, and to report to the General Assembly at its on 27 February [S/2004/166] on its activities in fifty-ninth session on progress made; 2003. The Committee sought the views of the Si- 4. Appeals to Member States, as a matter of urgency, erra Leone Government and the Special Repre- to contribute voluntary funds in support of the Court sentative of the Secretary-General on the criteria and to honour existing pledges; for reviewing and revising the travel-ban list and 5. Notes that the Court is expected to complete its work by 31 December 2005; on redefining the legal basis of the travel ban. 6. Requests the Secretary-General to invite the The Committee removed the names of eight per- Court to adopt a completion strategy, and also requests sons confirmed deceased from the list and ap- the Secretary-General to inform the Security Council proved one request for an exemption of the travel and the General Assembly at its fifty-ninth session restrictions. The Committee also considered alle- about this matter; gations of violations of the diamond sanctions. In 7. Invites the Management Committee to review the the absence of a specific monitoring mechanism, structure of the Court with a view to minimizing the the Committee urged States and organizations to cost of completing the Court’s work, without adversely affecting the implementation of the legal agreement provide it with pertinent information. between the United Nations and the Government of In a later report [S/2005/44], the Committee de- Sierra Leone. scribed its 2004 activities. On 25 February, the Committee issued a revised travel-ban list [SC/ The Secretary-General, as requested in resolu- 8008]. On Sierra Leone’s recommendation, the tion 58/284 (above), reported on 7 December Committee removed the names of 16 individuals [A/59/534/Add.2] on the request for a subvention to from the list and issued a new one on 20 Septem- the Special Court. He said that, owing to the con- ber [SC/8192]. The Committee reviewed a request tinuing availability of voluntary contributions, from the Special Court for Sierra Leone that five the Special Court would not require the individuals in the Court’s custody be allowed to $16.7 million authorized by the General Assem- be granted a waiver so that they could travel bly for the period ending 31 December 2004. It abroad for medical treatment, and the Acting was anticipated, however, that the Special Court Chairman indicated that the Committee would would exhaust its available voluntary contribu- look constructively upon such requests. It consid- tions and a subvention from the United Nations ered a notification from the United States [S/ would be required from early 2005. The Assem- 2004/395] of the export of non-lethal spare parts bly was being requested to appropriate the for RSLAF helicopters, and information from Ar- amount of $20 million for that purpose. gentina on steps it had taken to implement the ACABQ, on 10 December [A/59/569/Add.2],re- arms sanctions. On 5 November, the Committee viewed the Secretary-General’s report and rec- adopted revised guidelines for the conduct of its ommended that commitment authority be work. granted in an amount not to exceed $20 million, so that the Court could continue operations until 30 June 2005. The Committee would revert to the Guinea-Bissau matter on the basis of the detailed report to be In 2004, progress was made towards restoring submitted to the Assembly at its resumed fifty- constitutional rule in Guinea-Bissau through im- ninth (2005) session. plementation of the terms of the Political Transi- The Assembly, in section VII of resolution tional Charter, signed in September 2003 [YUN 59/276 of 23 December (see p. 1383), authorized 2003, p. 227]. The Charter, signed by the Military the Secretary-General to enter into commitments Committee, 23 of the 24 registered political par- not to exceed $20 million to supplement the fi- ties and civil society organizations, set up a Tran- nancial resources of the Court, with effect from sitional Government and the National Transi- 1 January to 30 June 2005, under special political tional Council, following the coup d’état staged missions of section 3, Political affairs, of the by the military. As called for in the Charter, legis-

YUN04—6th proofs / OF July 24 2006 224 Political and security questions lative elections were held in March 2004, and a form; and mobilize international financial assist- new Government was formed in May. The In- ance. terim President, Henrique Pereira Rosa, and the new Government undertook to restore law and Elections and new Government order and institutional stability. Some govern- mental institutions resumed their functions and Following the 26 January elections for the preparations began for presidential elections, President and the Vice-President of the Supreme scheduled for April 2005. Court of Justice, legislative elections were held in The United Nations Peace-building Support Guinea-Bissau on 28 and 30 March, a significant Office in Guinea-Bissau (UNOGBIS), headed by step in the implementation of the transitional the Secretary-General’s Representative for process due to end with the holding of presiden- Guinea-Bissau, continued to support the Govern- tial elections in March 2004. The National Elec- ment’s efforts to monitor internal developments, toral Commission announced on 4 April that the to promote peace and security, and to coordinate African Party for the Independence of Guinea- efforts aimed at social and economic develop- Bissau and Cape Verde (PAIGC) obtained 45 seats ment in the country. It reported that the socio- in the 102-member National Popular Assembly, economic situation in Guinea-Bissau remained the party of former President Koumba Yala, the critical, and the Government lacked the re- Party of Social Renewal (PRS), 35 seats, the sources to meet expenditure and pay salary ar- United Social Democratic Party, led by Francisco rears of the civil services and armed forces. Fadul, 17seats, the Electoral Union two seats and Progress in implementing the Transitional the United Popular Alliance (APU) one seat. Thus, Charter was stalled by a military mutiny on 6 Oc- none of the parties received an absolute majority. tober, resulting in the assassination of the Chief After the ruling by the Supreme Court rejecting of General Staff and the Chief of Human Re- claims of fraud by PRS and APU, all parties ac- sources. Condemning the use of force to settle cepted the results. With the transfer, on 7 May, by differences, the Security Council urged the polit- the National Transition Council of its power to ical parties to continue working with national au- the newly elected National Popular Assembly and thorities to complete the implementation of the the Assembly’s inauguration, the Council ceased Charter before the holding of presidential elec- to exist as provided for in the Transition Charter. tions. The Council welcomed the financial Following the inauguration of the Assembly, support provided by ECOWAS for the payment of the President appointed Carlos Gomes Junior, some of the salary arrears of military personnel. head of PAIGC, as Prime Minister. Mr. Gomes Ju- By the end of the year, the transitional process nior announced a 24-member Government, rep- was back on track, and the new Government resenting all ethnic groups and including five formed after the legislative elections of March women. made further efforts towards restoring constitu- The EU, in a 2 April statement of its Presidency tional rule and institutional stability. The execu- [S/2004/283], welcomed the calmness and public- tive, legislative and judiciary branches began to spiritedness which characterized the electoral function, and progress was made in organizing process. It found the elections to be fair, free and presidential elections. The Government’s fiscal transparent. The EU reaffirmed its willingness to reforms made it possible for civil servants and the help Guinea-Bissau in normalizing its economic security forces to be paid after a long hiatus. Ac- and social situations. cording to the Secretary-General, Guinea- Bissau’s new Government needed assistance in organizing presidential elections, restructuring Developments and UNOGBIS activities the security sector and building the capacity of Report of Secretary-General (June). The the executive and judiciary branches. To help the Secretary-General, in response to Security Coun- Government meet those challenges, he proposed cil resolution 1233(1999) [YUN 1999, p. 140],re- that the UNOGBIS presence in Guinea-Bissau be ported on 4 June [S/2004/456] on developments in extended and its mandate expanded. Acting on Guinea-Bissau and UNOGBIS. He said that im- that recommendation, the Security Council, on portant progress continued to be made towards 22 December, extended the mandate for one year restoring constitutional order, in accordance and revised it. Among its tasks, UNOGBIS would with the Transitional Charter provisions. Follow- support national reconciliation; promote respect ing the formation of the new Government, the for the rule of law and human rights; support the new authorities set priority objectives, among restoration of constitutional normalcy; assist in which were the creation of institutional capacity elections; strengthen national mechanisms for for assuming national responsibility for good conflict prevention; support security sector re- governance, accountable and transparent finan-

YUN04—6th proofs / OF July 24 2006 Africa 225 cial management and the improvement of socio- Ad Hoc Advisory Group. The Ad Hoc Advi- economic conditions. sory Group on Guinea-Bissau issued two reports The overall situation in the country remained [E/2004/10, E/2004/92], highlighting its efforts to peaceful; however, the ethnic imbalance within assist the country with its development priorities. the military, unpaid salary arrears for the The Economic and Social Council in resolution security forces and the poor condition of bar- 2004/1 of 3 May (see p. 935), and resolution racks and infrastructure were potentially de- 2004/61 of 23 July (see p. 936), called on donors stabilizing factors. The authorities recognized to support Guinea-Bissau’s development efforts, that the reorganization of the armed forces was including through the Emergency Economic one of the country’s top priorities. In that regard, Management Fund. The Economic and Social UNOGBIS, in collaboration with ECOWAS and bi- Council drew the Security Council’s attention lateral partners, initiated planning for the re- to the Group’s work in a 2 November letter form of the armed forces. The reintegration [S/2004/898]. component of the disarmament, reinsertion and Security Council consideration. On 6 April, reintegration programme was proceeding well the Security Council was briefed, during infor- and the Government received additional re- mal consultations, on the situation in Guinea- sources from the World Bank to increase the Bissau by David Stephen, the Representative of number of beneficiaries to 7,376 from 4,372. the Secretary-General and Head of UNOGBIS.In Among efforts to reinforce national capacity a press statement issued that day [SC/8054- for the protection and respect of human rights, AFR/887] by the President, Council members took UNOGBIS helped to develop a National Human note of the announcement by the PAIGC leader of Rights Action Plan to be submitted to the Na- the party’s intention to form a broad-based gov- tional Popular Assembly. UNOGBIS followed ernment and urged all the Guinean actors to closely the cases of 20 persons accused of at- work together for a smooth completion of the tempted coups d’état and arbitrarily detained transitional period. Members commended since December 2002, given that many of them ECOWAS for its mediation and facilitation role, as had not been formally charged. UNOGBIS re- well as for the timely and constructive contribu- ceived assurances that the trial of the detainees tion brought to the political environment imme- would proceed in criminal courts to avoid further diately after the elections. They also expressed delays, as the military tribunal lacked logistical concern at the persistence of serious economic and financial means. difficulties in Guinea-Bissau and appealed to the The economic situation in Guinea-Bissau re- international community to consider the situa- mained difficult, with two out of three people liv- tion in the country as a matter of urgency, requir- ing in poverty. To respond to the country’s eco- ing strengthened support of its economic recon- nomic and budgetary crisis, the Transitional struction and rehabilitation efforts. Government, supported by IMF, the World Bank, the African Development Bank and UNDP,for- SECURITY COUNCIL ACTION (June) mulated an emergency budget for 2004 and an On 18 June [meeting 4992], following consulta- emergency economic management plan. To tions among Security Council members, the Pres- support the country in the implementation of ident made statement S/PRST/2004/20 on be- that plan, a multi-donor Emergency Economic half of the Council: Management Fund for Guinea-Bissau, initiated by the Ad Hoc Advisory Group on Guinea-Bissau The Security Council, recalling its previous state- of the Economic and Social Council, was set up to ments on Guinea-Bissau, in particular the statement enable the Government to resume social services by its President of 19June 2003, welcomes the report of the Secretary-General of 4 June 2004 on develop- and key public administration activities. The ments in Guinea-Bissau and on activities of the Fund, administered by UNDP and expected to be United Nations Peace-building Support Office in operational until the end of 2004, had so far re- that country. ceived just over $4 million of the $18.3million re- In this regard, the Council expresses its satisfac- quired. tion regarding progress made by national authorities The Secretary-General observed that the de- towards restoring constitutional order, in accord- mocratization process in Guinea-Bissau re- ance with the Transition Charter provisions and cal- mained fragile. It lacked the resources to endar, in particular the installation of a new Na- strengthen the capacity of State institutions to tional Popular Assembly and a new Government, thus completing the first phase of the transitional address the country’s deep-rooted structural process due to end with the holding of presidential problems. The country needed the support of elections by March 2005, and generating the envi- the international community to complete the ronment for growing international confidence and transition to constitutional order. support.

YUN04—6th proofs / OF July 24 2006 226 Political and security questions

The Council acknowledges, with appreciation, comes the role being played by the African Union, the manner in which the country’s principal actors the West African Economic and Monetary Union, and the political forces managed to reach consensus the Economic Community of West African States on critical political challenges they faced during and and the Community of Portuguese-speaking Coun- after the elections, and encourages them to stay the tries in the peace-building process in Guinea-Bissau. course. The Council also commends the efforts by the Ad The Council also encourages all parties, and the Hoc Working Group on Conflict Prevention and new Government established on 12 May 2004, to Resolution in Africa of the Council, the Ad Hoc Ad- faithfully adhere to the provisions of the Transition visory Group on Guinea-Bissau of the Economic and Charter in order to achieve and consolidate national Social Council and the Group of Friends of Guinea- reconciliation and to ensure the full restoration of Bissau aimed at assisting the country to address both constitutional order. It further encourages the au- its short-term post-conflict crisis and longer-term thorities to continue to strengthen the rule of law development goals. and respect for human rights and to resolve out- The Council looks forward to conclusions and rec- standing human rights issues. ommendations of its mission to West Africa, which The Council commends the national authorities includes Guinea-Bissau. and the people of Guinea-Bissau for their continued commitment and dedication to democracy. Security Council mission. The Security Coun- The Council expresses, nonetheless, its concern cil mission to West Africa (see p. 169) visited with the fragility of the democratization process in Guinea-Bissau, due mainly to the country’s deep- Guinea-Bissau on 27 and 28 June, jointly with the rooted structural problems, including the weakness Economic and Social Council’s Ad Hoc Advisory of State institutions and structures, as well as the per- Group on Guinea-Bissau and the Group of sistent economic and social crisis. Friends of Guinea-Bissau. In its 2 July report The Council further expresses its concern about [S/2004/525], the mission welcomed the progress in the need to improve the situation of the military, in the political transition and commended the Gov- particular the payment of salary arrears, which con- ernment’s efforts to meet its short-term priori- tinues to be seen as a potentially destabilizing factor. ties, including paying current salaries to civil ser- It welcomes the Government’s commitment to make all efforts aimed at addressing the issue of salary ar- vants and the armed forces and ensuring rears and the reorganization of the national armed accountability and transparency in the manage- forces and invites the international community to ment of public funds. fully support such efforts. The mission, noting that the overall situation The Council welcomes the improved dialogue be- in the country remained fragile, despite the pro- tween the Government of Guinea-Bissau and the gress made in the transition, highlighted the re- Bretton Woods institutions, and urges the Govern- maining major challenges as restructuring the ment to continue to implement its commitments in the areas of fiscal responsibility and good govern- armed forces into a professional force; strength- ance. It highlights the importance that those efforts ening national public institutions; redressing so- be matched by the resumption of adequate levels of cial and economic inequities; promoting inclu- international assistance. sive internal political dialogue; and mobilizing The Council acknowledges and also welcomes the resources from bilateral and multilateral sources, assistance provided to Guinea-Bissau by bilateral to promote social and economic development and multilateral partners, in particular the United and to ensure regular payment of salaries to civil Nations Development Programme and the World Bank, and encourages their enhanced constructive servants and the military. involvement in the country. The mission recommended that development The Council underlines the importance it atta- partners and donors, including the Bretton ches to the organization of a round-table conference Woods institutions (the World Bank Group and to take place in the last quarter of 2004, which it con- IMF) and the EU, should help Guinea-Bissau to siders of utmost relevance to addressing some of the meet its most immediate needs; the Government most urgent needs of Guinea-Bissau. In the interim, and IMF should discuss resuming an IMF pro- the Council reiterates its appeals to the international community to contribute financially to the Emer- gramme; UNDP should assist in preparing for the gency Economic Management Fund for Guinea- round-table conference to take place late in 2004; Bissau, managed by the United Nations Develop- the Government should strengthen a culture of ment Programme. good governance, democracy and respect for the The Council recognizes and commends the work rule of law and human rights; and bilateral of the United Nations Peace-building Support Of- and/or multilateral partners should support the fice in Guinea-Bissau and the entire United Nations restructuring of the armed forces. The mission country team for their outstanding support and con- also recommended that the Ad Hoc Advisory tribution to the process of normalization of the polit- ical situation and stability in Guinea-Bissau. Group on Guinea-Bissau and the Security Coun- The Council reaffirms the importance of the re- cil continue to monitor and support political, eco- gional dimension in the solution of the problems nomic and social developments in Guinea- faced by Guinea-Bissau, and, in this regard, wel- Bissau. ECOWAS was called on to include Guinea-

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Bissau in regional policies for containing the Security Council consideration. The Security proliferation of small arms and other security Council was briefed by the Assistant Secretary- threats in the region. General for Political Affairs on the developments The Security Council considered the mission’s that took place on 6 October. In a 7 October state- report on 16 July [meeting 5005]. ment of the President [SC/8213-AFR/1047], Council Appointment. On 1 September [S/2004/713], members expressed concern over the tragic the Secretary-General informed the Security events at a time when Guinea-Bissau was making Council of his intention to designate Jono steady progress towards the full restoration of Bernardo Honwana (Mozambique) as his Repre- constitutional order. They condemned the use of sentative in Guinea-Bissau and Head of UNOGBIS force to settle long-standing problems in the mili- as from 15 September, to succeed David Stephen, tary sector and the subsequent loss of life. They who retired in April. The Council, on 3 Septem- called on all concerned to come to a speedy agree- ber [S/2004/714], took note of the Secretary- ment consistent with respect for constitutional General’s intention. authority and the rule of law.

Military revolt SECURITY COUNCIL ACTION (October) On 6 October, a group of military officers led a On 2 November [meeting 5069], following con- revolt, which resulted in the assassination of the sultations among Security Council members, the Chief of General Staff, General Verissimo President made statement S/PRST/2004/41 on Correia Seabra, and the spokesman for the behalf of the Council: armed forces, Colonel Domingos de Barros. The Security Council expresses its deep concern The officers involved stated afterwards that at developments in Guinea-Bissau that led to the kill- their actions had been motivated mainly by griev- ings, on 6 October 2004, of the Chief of General ances over salaries, poor living conditions and Staff of the Armed Forces, General Veríssimo Correia Seabra, and of the Chief of Human Re- corruption in the military hierarchy. They in- sources, Colonel Domingos de Barros. The Council sisted that the mutiny had not been a coup d’état condemns in the strongest terms such use of force to or aimed at changing the political status quo. settle differences or address grievances and, bearing Subsequently,they sought, and obtained from the in mind the position of the African Union on uncon- authorities, the appointment of Major General stitutional changes of government, as stated in the Tagme Na Waie as new Chief of General Staff. 1999 Algiers Declaration and the 2000 Lomé Decla- General Tagme and new chiefs of the navy, air ration, calls upon the Guinea-Bissau parties to re- frain from attempting to seize power in Guinea- force and army were sworn in on 11 November, Bissau by force. ending the month-long vacuum of military lead- The Council takes note of the signature of a mem- ership. The appointments, however, were viewed orandum of understanding, in Bissau, on 10October as caving in on the part of the civilian authorities 2004, and of the establishment of a commission to to pressures from the military and as a sign of monitor its implementation, and underlines that the further erosion of the authority of the constitu- Government of Guinea-Bissau and national authori- tional Government and its institutions. In addi- ties must remain committed to the promotion of the tion, misgivings were expressed about impunity rule of law and to the fight against impunity, includ- ing when considering ways of implementing the following the Government’s commitment in a above-mentioned agreement. memorandum of understanding, signed with the The Council urges all political parties to continue military, to a possible amnesty for all involved in working, in good faith, with national authorities to military interventions since 1980. complete the implementation of the Political Transi- Following the installation of the new officers, tion Charter before the holding of presidential elec- the interim President underlined the importance tions by April 2005. of proceeding with the long-planned reform The Council reaffirms that peace and stability in Guinea-Bissau are critical for peace and security in of the armed forces, a goal endorsed by the the West African subregion. As the Government of new Chief of General Staff, who announced Guinea-Bissau tackles the military, political, institu- the military leadership’s readiness to work to- tional and economic problems that are responsible wards reform. ECOWAS and the Community of for recurrent political turmoil and instability in Portuguese-speaking Countries provided mate- Guinea-Bissau, the Council underlines the impor- rial and technical assistance to the Government tance of addressing their root causes as well as find- of Guinea-Bissau after the mutiny, including a ing immediate solutions to improve the situation in cash donation of $500,000 towards paying some the short term. The Council stresses the need for urgent meas- of the salary arrears owed to the military. The ures by the international community to assist the Community dispatched a good offices mission to Government of Guinea-Bissau to overcome the pres- Bissau on 15 November to assist the civilian and ent crisis, in particular to reinforce the capacity of le- military authorities to find peace. gitimate authorities to maintain political stability

YUN04—6th proofs / OF July 24 2006 228 Political and security questions

and to determine sound solutions to the country’s the widespread perception that the revolt was in- most urgent and fundamental challenges, particu- spired by Balanta elements in the armed forces. larly the restructuring of the Armed Forces, the strengthening of the State and its institutions and The Government’s fiscal and governance re- the promotion of social and economic development. forms resulted in improved revenue collection, The Council welcomes the timely financial making it possible for it to meet its commitments support already provided by the Economic Com- to pay current salaries to civil servants and the munity of West African States and its members to the security forces. However, the Government did Government of Guinea-Bissau towards the payment not have the resources to meet recurrent expend- of salary arrears due to military personnel. The itures and pay the huge backlog of salary arrears Council calls upon international donors to contrib- inherited from the previous Government. More- ute urgently to the Government of Guinea-Bissau’s budget for civil service and military salaries and also over, the Emergency Economic Management encourages them to contribute to the Emergency Fund had been depleted and would cease to be Economic Management Fund, managed by the operational at the end of the year. However, the United Nations Development Programme. Government anticipated accessing a second The Council also takes note, with appreciation, of tranche of an EU budget support package, contin- the recent visit of a fact-finding mission from the gent upon an agreed macroeconomic framework Community of Portuguese-speaking Countries to with IMF, which had scheduled a mission to Guinea-Bissau. Guinea-Bissau from 4 to 18 December to assist The Council reiterates its call upon the interna- the authorities with preparing the 2005 budget. tional community to maintain its confidence in the process of democratic consolidation in Guinea- The Government also worked with the Bretton Bissau and to uphold its commitments to develop- Woods institutions to begin finalization of the ment in that country, particularly through its active poverty reduction strategy paper for submission preparation for and participation in the round-table to the round table initially scheduled for Decem- conference scheduled to take place next December, ber 2004, but postponed after the 6 October mu- in Brussels. tiny. The Council reaffirms its full support for the The health and education sectors suffered Representative of the Secretary-General in Guinea- from inadequate infrastructure, financial re- Bissau and indicates its intention to consider suitable ways of improving the role of the United Nations sources and qualified human resources. With Peacebuilding Support Office in Guinea-Bissau in teaching materials financed through the Emer- the promotion of peace and security, as well as in the gency Economic Management Fund, State coordination of efforts aiming at social and eco- schools were able to commence the 2004/05 nomic development in the country. school year on time in October for the first time The Council requests the Secretary-General to in three years. The national polio vaccination submit to the United Nations, in his next report on campaign covered 97 per cent of children and the the Support Office and the situation in Guinea- United Nations provided substantial support for Bissau, suggestions on what contribution the United Nations could make towards an active and coordi- the campaign against malaria. The first national nated international effort to assist Guinea-Bissau. forum on HIV/AIDS was held in September. The re-evaluation of the preparatory process Report of Secretary-General (December). for planning the reform of the armed forces and The Secretary-General, in his 15 December re- reconciliation among the military factions prior port on developments in Guinea-Bissau and to the military mutiny, interrupted by the events UNOGBIS activities [S/2004/969], said that prior to of 6 October, would resume as new military lead- the mutiny of 6 October (see p. 227), the political ership had been appointed. The police force, situation in that country showed signs of progress which also needed reform, faced a shortage of and promise towards restoring constitutional equipment, funds and capacity to enable it to ful- rule and institutional stability. The executive, fil its public security role. With UNDP support, legislative and judiciary branches began to func- the national mine action coordination authority tion within the parameters of the powers envis- supervised the removal by NGOs of 2,599 mines aged in the Constitution. The National Electoral and 34,900 pieces of unexploded ordnance, Commission was established to organize polls while the International Organization for Migra- and presidential elections in 2005, which would tion provided administrative and financial man- complete the political transition and mark the agement support to the demobilization, reinser- full restoration of constitutional normalcy. The tion and reintegration programme. military mutiny jeopardized those and other The human rights situation was a cause of con- gains and demonstrated the fragility of the con- cern, and the events of 6 October intensified the tinuing transitional process and of the society as a climate of uncertainty and insecurity, especially whole. It also increased the danger of polarizing since no official investigation was launched. By of the society along ethnic lines, especially given November, all 20 prisoners accused of attempted

YUN04—6th proofs / OF July 24 2006 Africa 229 coups d’état and arbitrarily detained since De- the United Nations should ensure complemen- cember 2002 were provisionally released. tarity and avoid duplication of efforts. At the The Secretary-General observed that the chal- same time, UNOGBIS and the UN country team lenges confronting Guinea-Bissau were complex would strengthen the judiciary system through and multisectoral, and complicated as a result of capacity-building and resource allocation. the 6 October mutiny. With a view to building The Secretary-General said it was regrettable sustainable peace and progress, he proposed that that, since the beginning of the transition, quali- the Security Council extend the UNOGBIS pres- fied optimism was replaced by growing scepti- ence and revise its mandate to take into account cism and a perception that the military posed the the diverse tasks at hand and the importance of greatest obstacle to the consolidation of democ- strengthening the capacity of national stake- racy, peace and economic opportunities. He en- holders to confront those challenges. That new couraged the authorities to complete the political mandate would allow the Office, working with transition peacefully, including by holding presi- the UN country team, to integrate development dential elections as envisaged in the Political and peace and security activities into a cohesive Transition Charter. He urged the international peace-building strategy for the immediate, community and all donors to be generous in their medium and longer terms; help Guinea-Bissau assistance, including providing contributions to overcome its difficulties, including the organiza- the Emergency Economic Management Fund tion of presidential elections, and with the and financial and technical support for holding country team contribute to institutional capacity- presidential elections in 2005. building to enable the legislative, the executive and the judiciary branches to function more SECURITY COUNCIL ACTION (December) effectively; and support efforts to implement mil- On 22 December [meeting 5107], the Security itary reform. Training and advocacy in the ad- Council unanimously adopted resolution 1580 vancement of respect for human rights and the (2004). The draft [S/2004/986] was prepared in rule of law would be intensified. The Office consultations among Council members. would also promote the development of national The Security Council, mechanisms of conflict prevention and manage- Reaffirming its previous resolutions 1216(1998) of ment. 21 December 1998 and 1233(1999) of 6 April 1999, and Concerning international assistance to Guinea- the statement by its President of 2 November 2004, Bissau, the Secretary-General recommended that Expressing its deep concern at recent developments in Guinea-Bissau, particularly the military mutiny of the Emergency Economic Management Fund be 6 October 2004 that resulted in the assassinations of extended beyond the end of 2004 to 30 June 2005 the Chief of General Staff of the Armed Forces, Gen- to enable the Government to meet its urgent bud- eral Veríssimo Correia Seabra, and the Armed Forces getary priorities. Once the Government and the spokesman, Colonel Domingos de Barros, and which military authorities had defined the nature and has jeopardized gains made since the installation of scope of such reform, the international com- the new Government after the legislative elections of munity should provide support, through a spe- March 2004, cial fund, so that the process could proceed expe- Stressing the fact that such developments demon- strate the fragility of the ongoing transitional process ditiously. UNOGBIS and the country team would and of national political institutions, and recognizing work with national authorities to define pro- the risks they present to the conclusion of the transi- grammes in support of that process and to mobil- tional process, ize resources. The United Nations would also as- Noting with concern that repeated acts of instability sist the authorities to implement the Programme and unrest threaten efforts towards sustainable social of Action to Prevent, Combat and Eradicate the and economic development, and may erode the confi- Illicit Tradein Small Arms and Light Weapons in dence of bilateral partners and the international com- munity, All Its Aspects [YUN 2001, p. 499]. The Government, Underlining the fact that the Government of Guinea- in cooperation with ECOWAS and others, should Bissau and national authorities must remain com- address the regional proliferation of small arms mitted to the promotion of the rule of law and fight and other cross-border issues. In terms of against impunity, medium- and longer-term priorities, the United Welcoming the report of the Secretary-General on de- Nations and other donors should develop pro- velopments in Guinea-Bissau and on the activities of grammes to strengthen national institutions in the United Nations Peacebuilding Support Office in the political, judiciary, social and economic that country of 15 December 2004, and his recommen- dations contained therein, realms; develop and empower civil society bod- Reaffirming its full commitment to the promotion of ies; address the plight of youth; and rebuild so- peace and stability in Guinea-Bissau, cial and public infrastructure. ECOWAS, the Com- 1. Decides to extend the mandate of the United munity of Portuguese-speaking Countries and Nations Peacebuilding Support Office in Guinea-

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Bissau, as a special political mission, for one year from tions to the Emergency Economic Management Fund the date of adoption of the present resolution; as well as to the new fund mentioned above; 2. Decides also to revise the mandate of the Support 8. Encourages the establishment of a joint coordi- Office as follows: nating mechanism among the United Nations, the (a) To support all efforts to enhance political dia- Economic Community of West African States and the logue, to promote national reconciliation and respect Community of Portuguese-speaking Countries to en- for the rule of law and human rights; sure synergy and complementarity; (b) To support the efforts of all national stake- 9. Commends the Bretton Woods institutions for holders to ensure the full restoration of constitutional their continued engagement in Guinea-Bissau and en- normalcy in accordance with the provisions of the Pol- courages them to continue their assistance; itical Transition Charter of 28 September 2003, in- 10. Requests the Secretary-General to conduct a re- cluding through the holding of free and transparent view of the Support Office with a view to adjusting its presidential elections; capacities to meet the requirements of its revised man- (c) To assist with these elections in close coopera- date; tion with the United Nations country team and other 11. Also requests the Secretary-General to keep the international partners; Security Council closely and regularly informed of de- (d) To assist in strengthening the national mecha- velopments on the ground and of the implementation nisms for conflict prevention during the remainder of of the present resolution, in particular of paragraphs 2 the transitional period and beyond; and 5 above, and in that regard requests the Secretary- (e) To encourage and support national efforts to re- General to submit a report every three months from form the security sector, including the development of the date of adoption of the present resolution; stable civil-military relations, and to attract interna- 12. Decides to remain actively seized of the matter. tional support for these efforts; (f) To encourage the Government to fully imple- ment the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Cameroon-Nigeria Light Weapons in All Its Aspects; (g) To work closely with the Resident Coordinator Cameroon and Nigeria cooperated to resolve and the United Nations country team to mobilize in- border issues, with UN assistance, through the ternational financial assistance to enable the Govern- Cameroon-Nigeria Mixed Commission. The ment to meet its immediate financial and logistical Commission was established by the Secretary- needs and implement its national reconstruction and General following the ruling of the International social and economic development strategy; Court of Justice (ICJ) of 10 October 2002 on the (h) Within the framework of a comprehensive land and maritime boundary between those two peacebuilding strategy, to actively support efforts of the United Nations system and Guinea-Bissau’s other countries [YUN 2002, p. 1265]. partners, towards strengthening State institutions and structures to enable them to uphold the rule of law, re- spect for human rights and the unimpeded and inde- Cameroon-Nigeria Mixed Commission pendent functioning of the executive, legislative and On 17 March [S/2004/298], the Secretary- judicial branches of government; General informed the Security Council of the ac- 3. Encourages the authorities of Guinea-Bissau to tivities undertaken by Cameroon and Nigeria, enhance political dialogue and pursue constructive through his good offices and with the assistance civil-military relations, as a way forward, towards the of the Secretariat, to implement the ICJ ruling. peaceful completion of the political transition, includ- ing the holding of presidential elections as envisaged Prior to that ruling, Cameroon’s President, Paul in the Political Transition Charter; Biya, and Nigeria’s President, Olusegun 4. Calls upon the National Assembly of Guinea- Obasanjo, had agreed to respect the Court’s rul- Bissau, while addressing the issue of granting an am- ing, establish an implementation mechanism nesty for all those involved in military interventions with UN support and adopt confidence-building since 1980, to take account of the principles of justice measures. Following the ICJ ruling in October and fight against impunity; 2002, they asked the Secretary-General to estab- 5. Strongly urges the Government, together with military authorities and other concerned parties, to lish a Mixed Commission, to be chaired by his agree, as soon as possible, on a national plan for the re- Special Representative, Ahmedou Ould- form of the security sector, in particular military re- Abdallah, to consider the implications of the ICJ form; decision, including: the demarcation of the land 6. Invites the Secretary-General to establish an boundary; recommendations on confidence- emergency fund, to be administered by the United building measures, such as projects to promote Nations Development Programme, to support efforts joint economic ventures and cross-border co- related to the planning and implementation of mili- operation; troop withdrawal from boundary tary reform; 7. Appeals to the international community to con- areas; demilitarization of the Bakassi peninsula, tinue to provide assistance to help Guinea-Bissau to with the possibility of deploying international meet its immediate needs as well as its structural chal- personnel to observe the withdrawal; and reacti- lenges, particularly by providing additional contribu- vation of the Lake Chad Basin Commission

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(Cameroon, Central African Republic, Chad, that the Joint Commission would meet annually Niger, Nigeria). The Mixed Commission, which at a higher level. met bimonthly, alternately in Yaoundé, Camer- The cost of the demarcation exercise and for oon, and Abuja, Nigeria, established, at its first UN support to the Mixed Commission through meeting (Yaoundé, December 2002), a sub- 2005 was estimated at $25 million. The Secretary- commission, consisting of legal experts and car- General intended to seek regular budget support tographers from both countries and the United to continue the work of the Commission. Nations, with responsibility for demarcating the On 15 April [S/2004/299], the Council President land boundary between the two countries. The informed the Secretary-General that the Council subcommission, at its first meeting (Geneva, Jan- had noted his intention to continue the activities uary 2003), prepared a small-scale map indicat- of the UN support team to the Cameroon- ing the boundary and a work programme for the Nigeria Mixed Commission with funding from demarcation exercise, which was approved by the the regular budget and urged the parties of Mixed Commission in February 2003. The de- the Mixed Commission to seek further contribu- marcation exercise was expected to last 96 weeks. tions. The Mixed Commission also established a sub- On 29 July [S/2004/612], Cameroon informed commission on affected populations. Acting on the Council that Presidents Obasanjo and Biya the decision of the Mixed Commission, the two discussed on 28 and 29 July, among other things, subcommissions carried out a field visit in Febru- the work of the Mixed Commission and issues re- ary 2004 to the southern part of the land bound- lating to peace and security, economic develop- ary between Cameroon and Nigeria and the ment and regional and international integration. Bakassi peninsula. The Mixed Commission also They agreed to open discussions with a view to decided that it would carry out field visits to the signing a non-aggression pact. land boundary area and the Bakassi peninsula itself in March. Financing of Mixed Commission The Mixed Commission also established a The Secretary-General, in his report on esti- working group, composed of five experts each mates in respect of special political missions, from Nigeria and Cameroon, and UN experts, to good offices and other political initiatives make a preliminary study and recommendations authorized by the General Assembly and/or the for delineating the maritime boundary in con- Security Council [A/C.5/58/20/Add.1], proposed formity with the ICJ decision and to produce requirements in the amount of $6,902,900 to a map on that basis. To promote confidence- support the Cameroon-Nigeria Mixed Commis- building, the Mixed Commission identified pos- sion for the period from 1 June to 31 December sible projects to promote cross-border coopera- 2004, to be charged against the unallocated bal- tion and joint economic ventures, including the ance in the provision for special political missions reactivation of the Lake Chad Basin Commission. for the 2004-2005 biennium. One of the most important tasks carried out by The Chairman of ACABQ, in an oral report to the Mixed Commission was the withdrawal of the Fifth Committee on 26 May [A/C.5/58/SR.49], and transfer of authority from the civil adminis- said that, pending consideration of a new submis- tration and military and police forces in the Lake sion, ACABQ recommended that the Secretary- Chad area. In December 2003, Nigeria handed General be granted commitment authority of up over 28 villages to Cameroon, while Cameroon to $6,902,900. transferred one village to Nigeria. To consolidate the withdrawal and transfer of authority, the GENERAL ASSEMBLY ACTION Mixed Commission established an observer per- sonnel group for a year, composed of five mem- On 18 June [meeting 91], the General Assembly, on the recommendation of the Fifth Committee bers each from Nigeria and Cameroon and five [A/58/573/Add.2], adopted resolution 58/294 with- UN representatives. out vote [agenda item 121]. At their third summit (Geneva, 31 January 2004), Presidents Biya and Obasanjo reaffirmed Estimates in respect of special political missions, their commitment to implementing the Mixed good offices and other political initiatives Commission’s agreed work plan and to strength- authorized by the General Assembly and/or the Security Council en confidence-building measures through the exchange of ambassadors, the opening of consul- The General Assembly, Having considered the report of the Secretary- ates along the common border and the introduc- General on the estimates in respect of special political tion of joint security patrols. The two leaders also missions, good offices and other political initiatives considered concluding a bilateral treaty of authorized by the General Assembly and/or the friendship and non-aggression. They decided Security Council and the oral statement made by the

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Chairman of the Advisory Committee on Administra- Having considered the report of the Secretary- tive and Budgetary Questions, General on the estimates in respect of special political 1. Emphasizes the importance of the work of the missions, good offices and other political initiatives good offices of the Secretary-General in support of the authorized by the General Assembly and/or the work of Cameroon-Nigeria Mixed Commission; Security Council and the related report of the Advi- 2. Takes note of the report of the Secretary-General sory Committee on Administrative and Budgetary on estimates in respect of special political missions, Questions, good offices and other political initiatives authorized 1. Takes note of the revised requirements for the by the General Assembly and/or the Security Council; United Nations support to the Cameroon-Nigeria 3. Notes with concern the late submission of the re- Mixed Commission for the period from 1 June to 31 port of the Secretary-General; December 2004, which amount to 5,419,300 dollars; 4. Endorses the observations and recommendations 2. Endorses the observations and recommendations as orally presented by the Chairman of the Advisory of the Advisory Committee on Administrative and Committee on Administrative and Budgetary Ques- Budgetary Questions, and approves the charging of tions, subject to the provisions of the present resolu- 5,419,300 dollars against the unallocated balance of tion; funds appropriated under section 3, Political affairs, 5. Requests the Secretary-General to submit to the of the programme budget for the biennium 2004- General Assembly, by the end of its fifty-eighth ses- 2005, for special political missions; sion, a comprehensive financial report on the require- 3. Requests the Secretary-General to ensure that ments for United Nations support to the Cameroon- budget presentations for special political missions, to Nigeria Mixed Commission, including clearly defined the extent possible, utilize the format of peacekeeping requirements to be provided from the regular budget operations and contain information and justification and elements being financed from other sources, for for proposals for post and non-post requirements, sub- its consideration at the early part of its fifty-ninth ses- ject to the considerations of timeliness and the need sion; for expeditious financing action. 6. Authorizes the Secretary-General to enter into commitments in the amount of 6 million United States dollars for United Nations support to the Cameroon- Equatorial Guinea Nigeria Mixed Commission until 30 November 2004, on the understanding that any decision on further fi- The EU Presidency, in a 17 June statement on nancing must be taken by 31 October 2004; Equatorial Guinea [S/2004/515], welcomed the 7. Urges the Secretary-General to seek further vol- forthcoming opening of the country’s new Par- untary contributions for United Nations support to liament after the parliamentary and municipal the Cameroon-Nigeria Mixed Commission. elections held on 25 April. Although it consid- ered that the electoral campaign was peaceful, In response to that request, the Secretary- the EU noted that Spanish parliamentary observ- General, on 9 September [A/58/886], proposed re- ers had detected irregularities that distorted the vised requirements from the regular budget in electoral process, in violation of the agreements the amount of $5,419,300 for the seven month pe- between the Government and the opposition riod from 1 June to 31 December, and voluntary reached in Mbini in August 2003. It believed that contributions estimated at $8.3 million. the elections failed to constitute a Parliament re- On 5 October [A/59/411], ACABQ recommended flecting the political diversity of the society of that the Assembly approve the revised require- the country, given that the opposition was not ments for that period and that further voluntary adequately represented in the elections. It called contributions be sought to support the Commis- on the authorities to allow the opposition to sion. participate freely in parliamentary sessions. The United Nations Standing Advisory Com- GENERAL ASSEMBLY ACTION mittee on Security Questions in Central Africa, at On 29 October [meeting 46], the General Assem- its twenty-first ministerial meeting (Malabo, bly,on the recommendation of the Fifth Commit- Equatorial Guinea, 21-25 June) [A/59/154- tee [A/59/448], adopted resolution 59/12 without S/2004/576], noted the climate in which the legisla- vote [agenda item 108]. tive and municipal elections had been held in Estimates in respect of special political missions, April and welcomed the desire for liberalization, good offices and other political initiatives characterized by the formation of a new Govern- authorized by the General Assembly and/or the ment with the participation of political parties Security Council: United Nations support to the other than the Democratic Party of Equatorial Cameroon-Nigeria Mixed Commission Guinea. The Committee condemned the attempt The General Assembly, to overturn the democratically elected institu- Recalling its resolution 58/294 of 18 June 2004, in which it authorized a commitment authority in the tions by force and welcomed the support given by amount of 6 million United States dollars for the States in the subregion to the Government of United Nations support to the Cameroon-Nigeria Equatorial Guinea during those events. The Mixed Commission, Committee encouraged Equatorial Guinea and

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Cameroon to implement the decisions taken in and peace agreement between the two countries the framework of the ad hoc joint commission on and the 2002 decision of the Ethiopia and Eritrea security questions between the two countries, Boundary Commission, established under that which met in Malabo in June. agreement, on the delimitation of the border. The Secretary-General appointed a Special En- voy to discuss with both countries ways of ending the stalemate so that demarcation of the border Horn of Africa could continue. However, Eritrea refused to re- ceive him. In November, Ethiopia put forward a five-point peace proposal for resolving the dis- In 2004, the countries in the Horn of Africa pute, which was rejected by Eritrea. By the end of continued to be torn by civil strife, especially in the year, reports were received of a steady in- the Sudan, where a protracted civil war increased crease in the build-up of the armed forces of both in intensity, as fighting flared up in the Darfur countries near the Temporary Security Zone. area of western Sudan and armed militias at- Appointment. The Secretary-General, on 22 tacked civilian settlements. That created one of December [S/2004/1019], informed the Security the worst humanitarian crises ever, coupled with Council that his Special Adviser, Mohamed serious violations of human rights. The fighting Sahnoun, had been following developments in complicated efforts to reach a comprehensive set- the Horn of Africa region, especially in Somalia tlement to end the civil war between the north and the Sudan, and had been providing advice on and south of the country, which had been raging what role the United Nations could play to pro- for over 21 years. As the situation in Darfur dete- mote negotiated settlements of conflicts in the re- riorated, the African Union (AU), took the lead in gion. During the first months of 2004, Mr. trying to bring the parties together both to re- Sahnoun led the UN observer delegation at the solve the Darfur crisis and to end the civil war by Sudan peace talks in Kenya; he followed the talks sending a mission of observers to the region. The on the Darfur region of the Sudan as well as the Security Council established a special political peace process in Somalia. To allow Mr. Sahnoun mission in the Sudan, with a view to preparing for to continue his efforts, the Secretary-General ex- a UN peace support operation to help implement tended his appointment until 31 December 2005, any final agreement reached by the parties. It which the Council noted [S/2004/1020]. also requested the Secretary-General to establish a Commission of Inquiry to investigate reports of the serious violations of international humanita- Sudan rian law and human rights. Although the security In 2004, violence broke out in the Darfur re- and humanitarian situation remained precarious gion of western Sudan among the two armed throughout the year, the Sudanese parties suc- groups, the Sudan People’s Liberation Move- ceeded in concluding a comprehensive peace ment/Army (SPLM/A) and the Justice and Equal- agreement in December, which was expected to ity Movement (JEM), the Government of Sudan be signed in early 2005. forces and a supposedly Government-backed mi- In Somalia, some progress was made towards litia composed of a loose collection of fighters, national reconciliation, with the signing by So- mainly of Arab background, known as the mali leaders of a declaration on agreement of Janjaweed. The fighting there created one of the issues related to the transitional federal govern- worst humanitarian crises ever, with serious vio- ment. Somaliland, however, continued to remain lations of human rights and international hu- outside the political process. The Somali Na- manitarian law, and complicated an already pro- tional Reconciliation Conference continued to tracted and devastating civil war in the Sudan meet, and agreement was reached on the forma- between government troops based in the north tion of a transitional Federal Parliament and a and rebel forces (SPLM/A) based in the south. At- power-sharing arrangement for a transitional pe- tempts to end the civil war, which erupted in riod of five years. Established in September, the 1983, following the breakdown of the 1972 Addis new Parliament in October elected Colonel Ababa agreement, were initiated in 1993 by the Abdullahi Yusuf Ahmed as President of Somalia. heads of State of the then Intergovernmental Au- However, the security situation remained vola- thority on Drought and Development, renamed tile, and the UN arms embargo continued to be the Intergovernmental Authority on Develop- violated by all parties. ment (IGAD). That process was relaunched in The border dispute between Eritrea and Ethi- 2002 [YUN 2002, p. 217] with the signing of the opia remained contentious, with no progress Machakos (Kenya) Protocol, which resolved two made in implementing the 2000 Algiers ceasefire main issues: the right to self-determination for

YUN04—6th proofs / OF July 24 2006 234 Political and security questions the people of southern Sudan and the status of against civilians in the Darfur region by all par- State and religion. By that document, the parties ties to the crisis, in particular by the Janjaweed. agreed to establish a democratic system of gov- By mid-2004, over 1 million people were in need ernance in which power and wealth would be eq- of urgent humanitarian assistance and about uitably shared and human rights guaranteed, 200,000 refugees had fled to Chad. Following a and to set up a six-year interim period of govern- visit by the Secretary-General to the Sudan, the ance, followed by a referendum to confirm the United Nations and the Government signed, on unity of the Sudan or to move towards secession. 3 July, a joint communiqué, by which the Sudan The Machakos Protocol was followed by the committed itself to disarming the Janjaweed and signing in September 2003, in Naivasha, Kenya, other armed outlaw groups, to end impunity, to of the Framework Agreement on Security Ar- lift all restrictions on humanitarian relief deliver- rangements during the Interim Period [YUN 2003, ies, and to resume political talks with opposing p. 257]. Under its terms, the Sudan would have two parties. For its part, the United Nations agreed to armies under separate command during the six- assist the deployment of AU ceasefire monitors year interim period: the government troops in and to mediate in the dispute. the north and SPLM/A in the south; both would The Security Council, on 30 July, called on the downsize their forces and contribute forces to Sudan to fulfil its commitments stated in the joint/integrated units; and a ceasefire would be joint communiqué, and endorsed the deploy- observed by international monitors, once a com- ment of international monitors, including the prehensive peace agreement was signed. protection force envisioned by the AU, to the As the fighting intensified in 2004, several Darfur region under AU leadership. In addition, efforts were made by international and regional the Council decided to impose an arms embargo actors, primarily the AU, to bring the parties to against non-governmental entities and individ- the negotiating table to conclude a comprehen- uals operating in Darfur and extended the spe- sive peace agreement and to settle the Darfur cial political mission it set up in June for an addi- conflict. On 8 April 2004, the Government, tional 90 days, until 10 December. The United SPLM/A and JEM signed a Humanitarian Cease- Nations and the Sudan signed on 5 August a Plan fire Agreement in N’Djamena, Chad, to allow in- of Action to facilitate implementation of Security ternational access to the population in need in Council demands and of the 3 July agreement be- Darfur. The agreement also included the estab- tween the Government and the United Nations, lishment of a ceasefire commission to monitor its by which the Sudan would take specific actions observance and provided for AU monitors on the within 30 days to create the conditions for ground in Darfur. Parallel to those efforts, nego- restoration of peace and security. tiations on a comprehensive peace agreement, Following the failure of the Government to led by IGAD, intensified. Having completed the fully comply with the Council’s demands and its last three of the six protocols provided for under own commitments, the Council, on 18 Septem- the Machakos Protocol, including one on power- ber, supported the AU’s intention to enhance and sharing, the parties, on 5 June, signed the Nai- augment its monitoring mission in the Darfur re- robi Declaration confirming the agreement on gion and requested the Secretary-General to es- the six protocols and committing themselves to tablish an international commission of inquiry to completing the final stages of the peace process. investigate reports of violations of international Meanwhile, the Secretary-General, in anticipa- humanitarian law and human rights in Darfur. tion of the conclusion of a comprehensive peace In the event that the Sudan failed to comply with agreement, began preparations for UN support the terms of the resolution, the Council would to the implementation of such an agreement. He consider sanctions against the Government. proposed that an advance team be established as a Despite the worsening security and humanita- special political mission to the Sudan, which the rian situation, particularly the growing insecu- Security Council endorsed in June as the United rity and violence in Darfur, repeated ceasefire Nations Advance Mission in the Sudan (UNAMIS). breaches and the appearance of new rebel The Council also declared its readiness to con- groups, progress continued to be made in the sider establishing a UN peace support operation peace talks. On 19 November, the Government and asked the Secretary-General to make recom- and SPLM/A signed the “Declaration on the con- mendations on such an operation. clusion of IGAD negotiations on peace in the Su- While progress was made on the peace process, dan” during the Security Council’s Meeting in the security situation deteriorated dramatically Nairobi, Kenya. The Declaration and the six pro- and remained serious throughout the year, with tocols referred to in the Nairobi Declaration of 5 reports of extreme violence and violations of hu- June constituted the core Peace Agreement and man rights and international humanitarian law marked an important step towards the finaliza-

YUN04—6th proofs / OF July 24 2006 Africa 235 tion of a comprehensive peace agreement, which N’Djamena Humanitarian Ceasefire Agreement the parties agreed to complete by the end of the and follow-up year. The Council welcomed the signing of the On 31 March, during ceasefire talks on Darfur Declaration and pledged to assist the people of held in N’Djamena, Chad, the Secretary-General the Sudan, upon the signing of a comprehensive issued a statement [SG/SM/9238-AFR/877] express- agreement, to establish a united and prosperous ing dismay over the casualties and serious human nation. It also mentioned its readiness to estab- rights violations in Darfur. He welcomed the lish a UN peace support operation to support im- efforts of President Idriss Derby of Chad, the plementation of the agreement. Government of the Sudan, the parties to the con- flict and the international community to achieve On 31 December, the Government of the Su- a cessation of hostilities and ultimately a long- dan and SPLA initialled the last two agreements, term solution to the conflict. He said that the which set the stage for the official signing, sched- fighting had to stop and encouraged the parties uled for early 2005, of the Comprehensive Peace to work towards an effective humanitarian cease- Agreement, the culmination of negotiations over fire, which would provide unimpeded access to two and a half years of work since the signing of all those in need. the Machakos Protocol. The Security Council President, in a 2 April press statement [SC/8050-AFR/883], said that Coun- Outbreak of crisis in Darfur cil members welcomed the ongoing negotiations in N’Djamena, with the support of the United The EU, in statements forwarded to the Nations, the EU and the United States, and called Security Council on 12 January [S/2004/44] and 26 on the Government of the Sudan and opposition February [S/2004/177], expressed concern about groups to conclude a humanitarian ceasefire and the situation in Darfur, and called on the Gov- to reach a political settlement to the dispute. ernment and SPLM/A to respect the September On 8 April [SG/SM/9250-AFR/898], the Govern- 2003 ceasefire agreement. It remarked that the ment of the Sudan, SPLM/A and JEM signed scale of the humanitarian crisis was escalating, the N’Djamena Humanitarian Ceasefire Agree- with more than 700,000 internally displaced per- ment. Welcoming that development, the sons needing urgent assistance. The EU called on Secretary-General expressed the hope that it the Government to grant the United Nations and would result in an immediate cessation of hostili- other relief organizations full access to all areas ties and an end to attacks against civilians, as well of Darfur, to put an end to the Janjaweed atroci- as full humanitarian access to all people in need ties and to ensure that the perpetrators were of assistance and protection. brought to justice. It called on rebel groups oper- The EU, in a 15 April statement of its Presi- ating in the Darfur region to commit themselves dency [S/2004/337] welcoming the agreement, to providing safe passage for relief agencies. It called on all parties to scrupulously observe and also urged the parties to the conflict to agree to respect its rules, and on the Sudanese Govern- an immediate ceasefire and hold peace talks. ment to fulfil its commitment to control the Janjaweed forces. The United Nations Emergency Relief Coor- On 25 May [S/2004/425], the Sudan informed dinator, Jan Egeland, reported that, since the the Security Council President that, as of 24 May, fighting started between rebel groups, militias it would grant entry visas to all humanitarian and the Government months earlier, the United workers within 48 hours, suspend travel permit Nations had received reports of systematic raids procedures to Darfur, and facilitate the entry against civilian populations, including burning and clearance of equipment to be used for hu- and looting of villages, large-scale killings and manitarian purposes. The Government had ap- abductions. Humanitarian agencies had also pealed to the AU for the expeditious deployment been targeted, with their staff being abducted of ceasefire observers, and to the population to and relief trucks looted. He announced on 10 return to their villages, with a reaffirmation of February [AFR/830-IHA/861] that Sudan’s Pres- its commitment to provide them security and ident, Omer Hassan Ahmed Al Bashir, had protection. promised to allow aid workers access to the nearly The EU,on26May[S/2004/445], welcomed the 3 million suffering civilians in Darfur, who were Sudan’s decision to lift restrictions on humanita- still without essential aid. UN agencies estimated rian agency workers travelling to Darfur. It called that they had been able to reach only 15 per cent on the Government to condemn the actions of the of those in need. Some 110,000 had also fled to Janjaweed militias in Darfur and to bring them Chad in the past three months, in addition to the under control. It welcomed the establishment by 700,000 displaced. the Government of a Commission of Inquiry to

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investigate human rights violations by armed ties for their operations, and to promote the safety, groups in Darfur and expected swift action to be security and freedom of movement of humanitarian taken on its findings. The EU supported the work personnel and their assets. The Council, while welcoming the ceasefire of the AU to establish a ceasefire commission and agreement signed on 8 April 2004 in N’Djamena em- monitoring mechanism for the Darfur region. phasizes the urgent need for all parties to observe the Meanwhile, the Office of the United Nations ceasefire and to take immediate measures to end the High Commissioner for Human Rights (OHCHR) violence, and calls upon the Government of the Su- sent two missions (5-15 April and 21 April–2 May) dan to respect its commitments to ensure that the to the region in response to reports of alleged Janjaweed militias are neutralized and disarmed. human rights violations. In its 7 May report to Stressing that a ceasefire commission with interna- tional representation is a central component of the 8 the Commission on Human Rights [E/CN.4/ April agreement, the Council expresses its full and 2005/3] (see p. 803), OHCHR recommended, active support for the efforts of the African Union to among other things, the establishment of an in- establish the ceasefire commission and protection ternational commission of inquiry. units, and calls upon the opposition groups and the Government of the Sudan to facilitate the immediate SECURITY COUNCIL ACTION (May) deployment of monitors in Darfur and to ensure On 25 May [meeting 4978], following consulta- their free movement throughout Darfur. The Coun- cil also calls upon Member States to provide gener- tions among Security Council members, the Pres- ous support for the efforts of the African Union. ident made statement S/PRST/2004/18 on be- The Council welcomes the announcement by the half of the Council: Government of the Sudan that it will issue visas to all The Security Council expresses its grave concern humanitarian workers within 48 hours of applica- over the deteriorating humanitarian and human tion, eliminate the need for travel permits, and facili- rights situation in the Darfur region of the Sudan. tate the entrance and clearance of equipment im- Noting that thousands have been killed and that ported for humanitarian purposes. The Council hundreds of thousands of people are at risk of dying acknowledges the appointment of a fact-finding in the coming months, the Council emphasizes the commission by presidential decree. The Council, need for immediate humanitarian access to the however, is seriously concerned about continued lo- vulnerable population. gistical impediments prohibiting a rapid response in The Council also expresses its deep concern at the the face of a stark and mounting crisis and calls upon continuing reports of large-scale violations of hu- the Government to fulfil its announced commit- man rights and of international humanitarian law in ment to cooperate fully and expeditiously with hu- Darfur, including indiscriminate attacks on civil- manitarian efforts to provide assistance to the imper- ians, sexual violence, forced displacement and acts iled populations of Darfur, noting with particular of violence, especially those with an ethnic dimen- concern that the humanitarian challenge will be ag- sion, and demands that those responsible be held ac- gravated by the imminent onset of the rainy season. countable. The Council strongly condemns these The Council calls upon the international com- acts which jeopardize a peaceful solution of the cri- munity to respond rapidly and effectively to the con- sis, stresses that all parties to the N’Djamena human- solidated appeal for Darfur. itarian ceasefire agreement have committed them- The Council observes with distress the prolonged selves to refraining from any act of violence or any absence of an accredited Resident Coordinator/ other abuse against civilian populations, in particu- Humanitarian Coordinator and affirms the need for lar women and children, and that the Government of the immediate appointment and appropriate accred- the Sudan has also committed itself to neutralizing itation of a permanent Resident Coordinator/ the armed Janjaweed militias, and urges all parties to Humanitarian Coordinator to ensure daily coordi- take the necessary steps to put an end to violations of nation in order to address impediments to humani- human rights and international humanitarian law. tarian access brought to the attention of the United In this regard, the Council takes note of the recom- Nations by the international aid community. mendations of the United Nations High Commis- The Council encourages the parties to step up sioner for Human Rights in his report of 7 May 2004. their efforts to reach a political settlement to their The Council reiterates its call upon the parties to dispute in the interest of the unity and sovereignty ensure the protection of civilians and to facilitate hu- of the Sudan. manitarian access to the affected population. In that The Council requests that the Secretary-General regard, the Council emphasizes the need for the keep it informed of the humanitarian and human Government of the Sudan to facilitate the voluntary rights crisis as it unfolds, and, as necessary, to make and safe return of refugees and displaced persons to recommendations. their homes, and to provide protection for them, and also calls upon all parties, including opposition Developments in Sudan’s peace process groups, to support these objectives. The Council calls upon all parties, in accordance with the provi- Naivasha protocols sions of its resolution 1502 (2003) of 26 August 2003, to allow full unimpeded access by humanitarian per- After months of negotiations, the Government sonnel to all people in need of assistance, and to of the Sudan and SPLM/A reached agreement on make available, as far as possible, all necessary facili- the remaining three protocols on power-sharing;

YUN04—6th proofs / OF July 24 2006 Africa 237 the areas of the Nuba Mountains (Southern nature of UN support for the implementation of Kordofan) and Blue Nile; and Abyei, the a comprehensive peace agreement between the Secretary-General reported [S/2004/453]. They Government and SPLM/A. completed a series of six agreements, concluded The Secretary-General declared that, by com- over two years since the signature of the first pro- pleting a series of framework protocols, the Gov- tocol in Machakos, Kenya, in July 2002, followed by protocols on security arrangements in Sep- ernment of the Sudan and SPLM/A were poised to put an end to the long war that had defied at- tember 2003 [YUN 2003, p. 257], and on wealth- sharing in January 2004. tempts by various external actors, including In a 26 May statement [SG/SM/9332-AFR/946], neighbouring States, donors and other States, the Secretary-General said that he had been fol- and by the parties themselves to bring it to an lowing the peace talks on the Sudan, facilitated end. It was up to the parties to conclude negotia- by the Inter-Governmental Authority on Devel- tions and sign a comprehensive peace agreement. opment (IGAD), and had been in touch with Su- Certain that the international community and dan’s President, Hassan Al-Bashir, and the the UN operation would face difficult times in as- Chairman of SPLM/A, John Garang. He was sisting and working with the parties through the heartened to learn that the parties had initialled interim periods of peace implementation, the the three protocols, in Naivasha, Kenya, and Secretary-General had established an Interde- urged them to reach agreement on the remaining partmental Task Force (ITF) on the Sudan to de- issues, especially the ceasefire arrangements, the velop a common UN strategy to support imple- implementation modalities and international mentation of the final agreement and had sent an guarantees for a future comprehensive peace assessment mission to the Sudan and Kenya from agreement. He also called on the Government 27 November to 16 December 2003. Since April and the armed opposition in Darfur to seize the 2004, a group of UN technical experts had been momentum created in Naivasha to reach a politi- in the Sudan working with the country team to cal solution in western Sudan. develop further a common logistics and support The EU, on 2 June [S/2004/466], welcomed the strategy for the peace implementation phase. signing of the three protocols as a significant step That team would be augmented immediately towards lasting peace in southern Sudan, and with additional support staff and subsumed into urged the parties to sustain the momentum to- a UN advance team, which the Secretary-General wards peace and to begin a discussion on a com- would propose to the Council for approval. The prehensive peace agreement. At the same time, it advance team would ensure cohesive prepara- reiterated its concern at the humanitarian crisis tions for the Organization’s role in post-conflict unfolding in Darfur and called on the Govern- Sudan and establish contacts and working rela- ment and all parties to show a similar commit- tionships with the parties on the ground; it would ment to bring peace and stability to that region. include up to 25 military liaison officers and Nairobi Declaration. On 5 June [S/2004/490], support elements. The advance team would be the Government and SPLM/A signed in Nairobi, subsequently absorbed into a full mission should Kenya, a Declaration confirming their agreement the Council so decide. on the six peace protocols. By that Declaration, the Government and SPLM/A recommitted them- The Secretary-General believed that the Su- selves to their obligations contained in the six pro- dan was at a historic juncture that represented tocols agreed to since the relaunching of the IGAD the best chance to bring to a close one of Africa’s peace process in Machakos in July 2002 [YUN 2002, most intractable wars. As the Government and p. 217], the Secretary-General said in a later report SPLM/A were pledging themselves to peace, how- on the Sudan [S/2004/763]. They also committed ever, fighting continued to rage in parts of the themselves to completing the final stages of country. Noting that the situation in Darfur peace negotiations and appealed to the interna- would make a Sudanese peace agreement much tional community to support them during the harder to implement, he called on the Govern- implementation period. ment and SPLM/A to use their influence to bring a halt to the fighting, since a meaningful agree- UN peace support ment on Darfur was fundamental to the success Report of Secretary-General (June). On of a UN role in the Sudan. The Secretary- 3 June [S/2004/453], the Secretary-General re- General urged the parties to that conflict to con- ported on the situation in the Sudan, in response clude a political agreement without delay. He to Security Council presidential statement recommended that the Council support the cre- S/PRST/2003/16 [YUN 2003, p. 257], which had re- ation of an advance team for an initial period of quested him to initiate preparatory work on the three months.

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SECURITY COUNCIL ACTION (June) the Council his recommendations for the size, struc- On 11 June [meeting 4988], the Security Council ture and mandate of this operation as soon as possible unanimously adopted resolution 1547(2004). after the signing of a comprehensive peace agreement; The draft [S/2004/473] was prepared in consulta- 4. Requests the Secretary-General, pending the tions among Council members. signing of a comprehensive peace agreement, to take the necessary preparatory steps, including, in particu- The Security Council, lar, pre-positioning the most critical logistical and per- Welcoming the signing of the declaration on 5 June sonnel requirements to facilitate the rapid deployment 2004 in Nairobi, in which the parties confirmed their of the above-mentioned possible operation, principally agreement to the six protocols signed between the to assist the parties in monitoring and verifying com- Government of the Sudan and the Sudan People’s Lib- pliance with the terms of a comprehensive peace eration Movement/Army and reconfirmed their com- agreement as well as to prepare for the role of the Or- mitment to completing the remaining stages of negoti- ganization during the transitional period in the Sudan; ations, 5. Underlines the need for an effective public infor- Commending the work and continued support of the mation capacity, including through local and national Intergovernmental Authority on Development, in par- radio, television and newspaper channels, in order to ticular, the Government of Kenya as Chair of the Sub- promote an understanding of the peace process and committee on the Sudan, in facilitating the peace talks, the role a United Nations peace support operation will and recognizing the efforts of the Civilian Protection play among local communities and the parties; Monitoring Team, the Joint Military Commission in the Nuba Mountains and the Verification and Moni- 6. Endorses the conclusions of the Secretary- toring Team in support of the peace process, and General with regard to the situation in the Sudan, in expressing the hope that the Intergovernmental Au- particular in Darfur and the Upper Nile, as set out in thority will continue to play a vital role during the tran- paragraph 22 of his report, calls upon the parties to sitional period, use their influence to bring an immediate halt to the fighting in the Darfur region, in the Upper Nile and Reaffirming its support for the Machakos Protocol of elsewhere, urges the parties to the ceasefire agreement 20 July 2002 and subsequent agreements based on that signed in N’Djamena on 8 April 2004 to conclude a Protocol, political agreement without delay, welcomes the Reaffirming its commitment to the sovereignty, inde- efforts of the African Union to that end, and calls pendence and unity of the Sudan, upon the international community to be prepared for Recalling the statements by its President of 10 Octo- constant engagement, including extensive funding in ber 2003 and 25 May 2004, support of peace in the Sudan; Condemning all acts of violence and violations of hu- man rights and international humanitarian law by all 7. Requests the Secretary-General to keep it in- parties, and expressing its utmost concern at the con- formed of developments in the Sudan, particularly on sequences of the prolonged conflict for the civilian the Naivasha negotiation process, the implementation population of the Sudan, including women, children, of the peace process and the execution by the advance refugees and internally displaced persons, team of its mandate, and to submit a report to the Urging the two parties involved to conclude speedily Council no later than three months after the adoption a comprehensive peace agreement, and believing that of the present resolution; the progress now being made in the Naivasha negotia- 8. Decides to remain seized of the matter. tion process will contribute to improved stability and peace in the Sudan, The Sudan, in an 11 June letter [S/2004/490], Welcoming the report of the Secretary-General of transmitted to the Council a statement, which its 3 June 2004, Permanent Representative to the United Nations 1. Welcomes the proposal of the Secretary-General to was not allowed to deliver during the Council’s establish, for an initial period of three months and under the authority of a special representative of the consideration on that date of the draft resolution Secretary-General, a United Nations advance team in on the Sudan. In a 17June reply [S/2004/498], the the Sudan as a special political mission dedicated to Council President recalled his discussions with preparation for the international monitoring foreseen the Sudan on the issue of its desire to address in the Framework Agreement on Security Arrange- the Council and proposed convening a meeting ments during the Interim Period, signed in Naivasha, to allow the Sudan to fully express its views on Kenya, on 25 September 2003, to facilitate contacts matters of common interest between it and the with the parties concerned and to prepare for the in- troduction of a peace support operation following the Council. signing of a comprehensive peace agreement; Appointment. On 17 June [S/2004/503], the 2. Endorses the proposals of the Secretary-General Secretary-General informed the Council that he for the staffing of the advance team, and in this regard would appoint Jan Pronk (Netherlands) as his requests the Secretary-General to conclude all neces- Special Representative for the Sudan and head of sary agreements with the Government of the Sudan as the peace support operation, which might be expeditiously as possible; 3. Declares its readiness to consider establishing a authorized by the Council at the conclusion of United Nations peace support operation to support the Comprehensive Peace Agreement between the implementation of a comprehensive peace agree- the Sudan and SPLM/A. The Council, on 18 June ment, and requests the Secretary-General to submit to [S/2004/504], took note of his intention.

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Security Council action. On 30 July,the Coun- rian work in Darfur, to end impunity for human cil, in resolution1556(2004) (see p. 240) extended rights abuses, investigate all cases of violations the special political mission set out in the fore- and to bring those accused to justice without de- going resolution for an additional 90 days, to 10 lay. It pledged to deploy a strong police force and December, and requested the Secretary-General ensure that no militias were present in all areas to incorporate into the mission contingency surrounding the camps of displaced persons. It planning for Darfur. would immediately start disarming the Janjaweed and other armed outlaw groups. Fi- Further developments in the Darfur situation nally, it would resume political talks on Darfur to Sudan’s emergency measures. The Sudan in- reach a comprehensive solution acceptable to all formed the Security Council of the measures de- parties. creed by President Al-Bashir on 18 June The Government and the United Nations [S/2004/513] to alleviate the situation in Darfur. agreed to form a high-level Joint Implementation They included the declaration of a general mo- Mechanism, led by the Foreign Minister of the bilization of the State apparatuses, with a view to Sudan and the Special Representative of the consolidating security, pursuing and disarming Secretary-General, to follow and appraise devel- outlawed groups, including the Janjaweed, Tora opments and report on the implementation of Bora and Peshmerga, and bringing them to jus- their agreement. tice, and stopping groups from crossing the bor- AU and LAS meetings. The AU Peace and ders and threatening the stability of neighbour- Security Council, in a communiqué issued at its ing Chad; establishment by the judiciary in twelfth meeting at ministerial level (Addis Ababa, Darfur of special courts to prosecute bandits and 4 July) [S/2004/561], noted that, although the crisis criminals; the deployment of police forces to pro- in Darfur was grave, the situation could not be tect municipalities so that citizens could return to defined as genocide but should be addressed their villages; and provision of basic services and with urgency to avoid further escalation. It urged humanitarian assistance. The Sudan called on all the Sudan to follow through on the commitments citizens, including those in Darfur, to attend a made on 3 July (above), and that all parties re- conference that would promote national dialogue frain from any further actions that could consti- to bring about national reconciliation. tute violations of all the agreements signed so far. UN/Sudan 3 July agreement. The Secretary- It stressed that the AU should continue to lead General visited the Sudan and Chad from 29 efforts to address the crisis in Darfur, supported June to 3 July, meeting with his senior advisers, by the international community. It welcomed the Sudanese Cabinet ministers, and United States establishment of the Ceasefire Commission (CFC) Secretary of State Colin Powell, in Khartoum; he in Al Fasher on 9 June, and the partial deploy- later visited a number of camps for internally dis- ment of AU military observers in the Darfur re- placed persons in Darfur [SG/T/2412]. On 3 July gion, and urged CFC to expedite the process, in- [S/2004/635], at the conclusion of the visit, the Gov- cluding the deployment of protection elements ernment of the Sudan and the United Nations within the framework of the 28 May Agreement issued a joint communiqué in which they ex- on the Establishment of the CFC and Deployment pressed concern about the grave situation in the of Observers. The Council also welcomed the Darfur region, and the number and severity of convening of the first meeting (N’Djamena, the conditions of the internally displaced in 2 July) of the Joint Commission provided for in Darfur and refugees in Chad. They were aware the Humanitarian Ceasefire Agreement, and of the need to stop the attacks on the targeted urged the Sudanese parties to participate in the civilian population in Darfur, particularly by the meeting scheduled for 15 July to discuss political Janjaweed and other outlaw armed groups, and issues, with a view to reaching a comprehensive to ensure security in the region consistent with agreement. It expressed concern over the impact the N’Djamena Humanitarian Ceasefire Agree- of the Darfur conflict on the stability of Chad ment (see p. 235). and the rest of the region, and encouraged the The United Nations pledged to help alleviate Sudan and Chad to enhance security along their the humanitarian needs of the affected popula- common border. tion in Darfur and Sudanese refugees in Chad, to The third ordinary session of the AU Assembly assist in the quick deployment of AU ceasefire of heads of State and Government (Addis Ababa, monitors and to continue preparations for a pos- 6-8 July), in a decision on Darfur, decided to in- sible peacekeeping role when agreements were crease the number of AU observers to a minimum reached. of 80 and to deploy the protection force immedi- The Sudan committed itself to taking a num- ately. It agreed that, under AU monitoring, the ber of measures to halt restrictions on humanita- rebel forces should be cantoned at mutually

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agreed sites and the militias disarmed by the Su- The Security Council, danese Government. It further agreed that the Recalling the statement by its President of 25 May political dialogue should resume as scheduled on 2004, its resolution 1547(2004) of 11 June 2004 and its 15 July, with a view to reaching a political agree- resolution 1502(2003) of 26 August 2003 on the access of humanitarian workers to populations in need, ment that would create conditions for convening Welcoming the leadership role and the engagement an all-party conference as provided for in the of the African Union regarding the situation in N’Djamena Humanitarian Ceasefire Agree- Darfur, and expressing its readiness to support fully ment, with the participation of the rebel move- those efforts, ments. The Assembly acknowledged the agree- Welcoming also the communiqué dated 27 July 2004, ment signed between the Sudan and the United issued by the Peace and Security Council of the Afri- Nations, which it described as consistent with the can Union, AU peace efforts. Reaffirming its commitment to the sovereignty, unity, territorial integrity and independence of the Sudan as At its thirteenth meeting (Addis Ababa, 27 consistent with the Machakos Protocol of 20 July 2002 July) [S/2004/603], the AU Peace and Security and subsequent agreements based thereon, as agreed Council underlined the need to implement the to by the Government of the Sudan, AU Assembly decision on Darfur (see p. 239), Welcoming the joint communiqué dated 3 July 2004, which provided a framework for addressing the issued by the Government of the Sudan and the crisis. The Council welcomed the meeting of the Secretary-General, including the creation of the Joint Implementation Mechanism, and acknowledging parties (Addis Ababa, 15 July) but regretted the steps taken towards improved humanitarian access, failure of SPLM/A and JEM leadership to attend. Taking note of the report of the Secretary-General of It called on the parties to be represented at the 3 June 2004 on the Sudan, and welcoming the appoint- highest level at the next round of political talks ment by the Secretary-General of a Special Represen- aimed at finding a lasting solution to the Darfur tative for the Sudan and his efforts to date, conflict. The Council took note of the progress in Reiterating its grave concern at the ongoing humanita- deploying military observers and the protection rian crisis and widespread human rights violations, in- force, and requested the CFC chairperson to pre- cluding continued attacks on civilians, that are placing pare a comprehensive plan for enhancing the the lives of hundreds of thousands at risk, Condemning all acts of violence and violations of hu- AU effectiveness of the Mission, including the man rights and international humanitarian law by all possibility of transforming it into a full-fledged parties to the crisis, in particular by the Janjaweed mili- peacekeeping mission with the requisite man- tias, including indiscriminate attacks on civilians, date and size to ensure implementation of the rapes, forced displacements and acts of violence, espe- Humanitarian Ceasefire Agreement, with em- cially those with an ethnic dimension, and expressing phasis on the disarmament of the Janjaweed, the its utmost concern at the consequences of the conflict protection of the civilian population and the in Darfur on the civilian population, including facilitation of delivery of humanitarian aid. women, children, internally displaced persons, and refugees, On 8 August [S/2004/674], the Ministerial Coun- Recalling, in this regard, that the Government of the cil of the League of Arab States, at its extraordi- Sudan bears the primary responsibility to respect hu- nary session, called on the Security Council to al- man rights while maintaining law and order and pro- low the Sudanese Government sufficient time to tecting its population within its territory and that all parties are obliged to respect international humanita- implement the undertakings and commitments rian law, contained in the joint communique signed with Urging all parties to take the necessary steps to pre- the United Nations and the 5 August Darfur Plan vent and to put an end to violations of human rights of Action (see p. 242) issued by its Foreign Minis- and international humanitarian law, and underlining ter and the Secretary-General’s Special Repre- the fact that there will be no impunity for violators, sentative. It rejected any suggestion of coercive Welcoming the commitment of the Government of military intervention in the region or the imposi- the Sudan to investigate the atrocities and prosecute tion of sanction on the Sudan and offered those responsible, support for the return of emigrants and refugees Emphasizing the commitment of the Government of the Sudan to mobilize the armed forces of the Sudan and full Arab support to the AU in its efforts to immediately to disarm the Janjaweed militias, resolve the crisis in Darfur. Recalling in this regard its resolutions 1325(2000) of 31 October 2000 on women and peace and security, SECURITY COUNCIL ACTION (July) 1379(2001) of 20 November 2001, 1460(2003) of 30 Jan- uary 2003 and 1539(2004) of 22 April 2004 on children On 30 July [meeting 5015], the Security Council and armed conflict, and 1265(1999) of 17 September adopted resolution 1556(2004) by vote (13-0-2). 1999and 1296(2000) of 19April 2000 on the protection The draft [S/2004/611] was submitted by Chile, of civilians in armed conflict, France, Germany, Romania, Spain, the United Expressing concern at reports of violations of the Kingdom and the United States. ceasefire agreement signed in N’Djamena on 8 April

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2004, and reiterating that all parties to the ceasefire 3. Urges Member States to reinforce the interna- must comply with all of the terms contained therein, tional monitoring team, led by the African Union, in- Welcoming the donor consultation held in Geneva in cluding the protection force, by providing personnel June 2004 as well as subsequent briefings highlighting and other assistance including financing, supplies, urgent humanitarian needs in the Sudan and Chad, transport, vehicles, command support, communica- and reminding donors of the need to fulfil commit- tions and headquarters support as needed for the ments that have been made, monitoring operation, and welcomes the contributions Recalling that over one million people are in need of already made by the European Union and the United urgent humanitarian assistance, that with the onset of States to support the African Union-led operation; the rainy season the provision of assistance has become 4. Welcomes the work done by the United Nations increasingly difficult, and that without urgent action High Commissioner for Human Rights to send human to address the security, access, logistics, capacity and rights observers to the Sudan, and calls upon the Gov- funding requirements the lives of hundreds of thou- ernment of the Sudan to cooperate with the High sands of people will be at risk, Commissioner in the deployment of those observers; Expressing its determination to do everything possible 5. Urges the parties to the N’Djamena ceasefire to halt a humanitarian catastrophe, including by tak- agreement to conclude a political agreement without ing further action if required, delay, notes with regret that the failure of senior rebel Welcoming the ongoing international diplomatic leaders to participate in the talks held on 15 July 2004 efforts to address the situation in Darfur, in Addis Ababa, was unhelpful to the process, and calls Stressing that any return of refugees and displaced for renewed talks under the sponsorship of the African persons to their homes must take place voluntarily, Union, and its chief mediator, Mr. Hamid Algabid, to with adequate assistance and with sufficient security, reach a political solution to the tensions in Darfur, and Noting with grave concern that up to 200,000 refugees strongly urges rebel groups to respect the ceasefire, have fled to the neighbouring State of Chad, which end the violence immediately, engage in peace talks constitutes a serious burden upon that country, ex- without preconditions, and act in a positive and con- pressing grave concern at reported cross-border incur- structive manner to resolve the conflict; sions by Janjaweed militias of the Darfur region of the 6. Demands that the Government of the Sudan ful- Sudan into Chad, and also taking note of the agree- fil its commitments to disarm the Janjaweed militias ment between the Governments of the Sudan and and apprehend and bring to justice Janjaweed leaders Chad to establish a joint mechanism to secure the bor- and their associates who have incited and carried out ders, human rights and international humanitarian law vio- Determining that the situation in the Sudan consti- lations and other atrocities, requests the Secretary- tutes a threat to international peace and security and to General to report in thirty days, and monthly there- stability in the region, after, to the Council on the progress, or lack thereof, Acting under Chapter VII of the Charter of the by the Government of the Sudan on this matter, and United Nations, expresses its intention to consider further actions, in- 1. Calls upon the Government of the Sudan to fulfil cluding measures as provided for in Article 41 of the immediately all of the commitments it made in the Charter of the United Nations, on the Government of joint communiqué of 3 July 2004, including particu- the Sudan, in the event of non-compliance; larly by facilitating international relief for the humani- 7. Decides that all States shall take the necessary tarian disaster by means of a moratorium on all restric- measures to prevent the sale or supply to all non- tions that might hinder the provision of humanitarian governmental entities and individuals, including the assistance and access to the affected populations, by ad- Janjaweed militias, operating in the states of North vancing independent investigation in cooperation with Darfur, South Darfur and West Darfur, by their na- the United Nations of violations of human rights and tionals or from their territories or using their flag ves- international humanitarian law, by the establishment sels or aircraft, of arms and related materiel of all of credible security conditions for the protection of the types, including weapons and ammunition, military civilian population and humanitarian actors, and by vehicles and equipment, paramilitary equipment, and the resumption of political talks with dissident groups spare parts for the aforementioned, whether or not from the Darfur region, specifically the Justice and originating in their territories; Equality Movement and the Sudan Liberation Move- ment and Sudan Liberation Army on Darfur; 8. Decides also that all States shall take the necessary 2. Endorses the deployment of international moni- measures to prevent any provision to the non- tors, including the protection force envisioned by the governmental entities and individuals identified in African Union, to the Darfur region of the Sudan, paragraph 7 above operating in the states of North under the leadership of the African Union, urges the Darfur, South Darfur and West Darfur, by their na- international community to continue to support those tionals or from their territories, of technical training efforts, welcomes the progress made in deploying or assistance related to the provision, manufacture, monitors, including the offers to provide forces by maintenance or use of the items listed in paragraph 7 members of the African Union, and stresses the need above; for the Government of the Sudan and all involved par- 9. Decides further that the measures imposed by ties to facilitate the work of the monitors in accordance paragraphs 7 and 8 above shall not apply to: with the N’Djamena ceasefire agreement of 8 April (a) Supplies and related technical training and as- 2004 and with the Addis Ababa agreement of 28 May sistance to monitoring, verification or peace support 2004 on the modalities of establishing an observer mis- operations, including such operations led by regional sion to monitor the ceasefire; organizations, that are authorized by the United

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Nations or are operating with the consent of the rele- RECORDED VOTE ON RESOLUTION 1556(2004): vant parties; Infavour:Algeria, Angola,Benin,Brazil, Chile, France, Germany,Philip- pines, Romania, Russian Federation, Spain, United Kingdom, United (b) Supplies of non-lethal military equipment in- States. tended solely for humanitarian, human rights moni- Against: None. toring or protective use, and related technical training Abstaining: China, Pakistan. and assistance; (c) Supplies of protective clothing, including flak China, speaking before the vote, said that the jackets and military helmets, for the personal use of Government of the Sudan bore primary respon- United Nations personnel, human rights monitors, sibility for resolving the Darfur situation and representatives of the media and humanitarian and should be assisted by the international com- development workers and associated personnel; munity in that effort. The Council should listen 10. Expresses its intention to consider the modifica- to the AU, and its actions should be conducive to tion or termination of the measures imposed under securing the cooperation of the Sudanese Gov- paragraphs 7 and 8 above when it determines that the Government of the Sudan has fulfilled its commit- ernment. The draft resolution included manda- ments described in paragraph 6 above; tory measures against the Government, which 11. Reiterates its support for the Framework Agree- could not be helpful in resolving the situation ment on Security Arrangements during the Interim and might even complicate it. Period, signed in Naivasha, Kenya on 25 September After the vote, the United States said that re- 2003 by the Government of the Sudan and the Sudan sponsibility for the disaster lay squarely with the People’s Liberation Movement/Army, and looks for- Government of the Sudan. The resolution, in ward to effective implementation of the Agreement stern and unambiguous terms, put the Govern- and a peaceful, unified Sudan working in harmony with all other States for the development of the Sudan, ment on notice that it had to fulfil its commit- and calls upon the international community to be pre- ments in the 3 July UN/Sudan communiqué pared for constant engagement, including necessary (see p. 239). It should know that serious measures funding, in support of peace and economic develop- (international sanctions) were looming if it re- ment in the Sudan; fused to do so. The purpose of the resolution was 12. Urges the international community to make to relieve the suffering in Darfur, not to punish available much needed assistance to mitigate the hu- the Sudan. The choice was up to the Govern- manitarian catastrophe now unfolding in the Darfur ment. region, calls upon Member States to honour pledges that have been made against needs in Darfur and Pakistan did not believe that the threat or im- Chad, and underscores the need to contribute gener- position of sanctions was advisable and trusted ously towards fulfilling the unmet portion of the that the Council would not take such further United Nations consolidated appeals; measures. Pakistan looked forward to the Secretary- 13 . Requests the Secretary-General to activate inter- General’s report to be issued in 30 days, which it agency humanitarian mechanisms to consider what hoped would confirm that the Sudanese Govern- additional measures may be needed to avoid a humani- ment and the rebel groups were complying with tarian catastrophe and to report regularly to the Coun- their commitments and obligations. cil on progress made; On the same day [S/2004/639], the EU, express- 14 . Encourages the Special Representative of the Secretary-General for the Sudan and the independent ing support for resolution 1556(2004), supported expert of the Commission on Human Rights to work the call on the Sudan to fulfil all the commit- closely with the Government of the Sudan in support- ments it made on 3 July and reiterated its deter- ing independent investigations of violations of human mination to continue to play an active role in the rights and international humanitarian law in the situation by sending an assessment team to the re- Darfur region; gion to recommend how best to further support 15. Extends the special political mission set out in the AU Observer Mission, including the protec- resolution 1547(2004) for an additional ninety days, to tion force. 10 December 2004, and requests the Secretary-General to incorporate into the mission contingency planning for the Darfur region; Implementation of resolution 1556(2004) 16. Expresses its full support for the African Union- Darfur Plan of Action. The Foreign Minister led ceasefire commission and monitoring mission in of the Sudan, Mustafa Osman Ismail, acting on Darfur, requests the Secretary-General to assist the behalf of his Government, and Jan Pronk, Spe- African Union with planning and assessments for its cial Representative of the Secretary-General, mission in Darfur and, in accordance with the joint communiqué, to prepare to support the implementa- signed on 5 August the Darfur Plan of Action tion of a future agreement in Darfur in close coopera- [S/2004/636]. Drawn up following discussions at tion with the African Union, and also requests the the second meeting of the Joint Implementation Secretary-General to report to the Security Council on Mechanism (2 August), the Plan’s objective was to the progress made; create conditions for the restoration of peace, 17. Decides to remain seized of the matter. security and development in Darfur. Tothat end,

YUN04—6th proofs / OF July 24 2006 Africa 243 the Sudan committed itself to indicating its pended on a comprehensive settlement. It had progress in complying with Security Council res- also mobilized all its resources to provide olution 1556(2004) (see p. 240) by the original security for the voluntary return of emigrants to deadline of 30 August, and with its 3 July com- their villages and to provide for their humanita- mitments. rian needs in those villages. It had responded to According to the Plan, the Sudan would iden- the AU’s call for negotiations with the rebels in tify parts of Darfur that could be made secure Abuja, Nigeria, on 23 August. Commenting on and safe within 30 days and its police forces resolution 1556(2004), the Sudan drew attention would provide secure routes to and between to: the challenge of the severe shortage of hu- those areas. All offensive military operations by manitarian assistance supplies; its position that the Government’s armed forces in those areas the rebel movements bore responsibility for the would cease immediately,including any offensive deteriorating situation in Darfur and its hope actions against rebel groups. The armed forces that the Council would exert pressure on them to would be redeployed so that they were not in con- put a stop to their activities in the emigrant and tact with the camps and civilians. In accordance refugee camps; the need for the Council to af- with the ceasefire agreement, the Government firm unconditionally its respect for the Sudan’s would ask the rebel groups participating in the sovereignty, unity, territorial integrity and inde- Darfur peace talks immediately to cease offensive pendence; the targeting of the Sudan’s police military operations in the proposed safe areas and civilian security agencies and the urgency for and to lay down their weapons as part of a dis- the international community to pressure the re- armament, demobilization and reintegration bels to respect the ceasefire; and Eritrea’s role in programme. The Government would identify undermining stability in the region. The Sudan and declare those militias over whom it had in- affirmed its willingness to cooperate with the fluence and instruct them to cease their activities United Nations and the international com- and lay down their weapons. Observance of those munity in addressing the humanitarian situation commitments would be monitored by the Cease- and its desire to achieve a political settlement of fire Commission. The Government would make the Darfur conflict. a declaration of commitment to start the Darfur On 31 August [S/2004/701], the Sudan for- peace talks as soon as possible in a venue pro- warded to the Council a list of measures it had posed by the AU, and it expected the Council and taken to comply with the Darfur Plan of Action the AU to pressure the rebels to do likewise. It and with resolution 1556(2004) in the areas of re- would seek financial and logistic support from lief assistance, health services, human rights, the AU, the League of Arab States and other part- security, reining in the militias, the voluntary re- ners. The Government would sign an agreement patriation of internally displaced persons, politi- with the International Organization for Migra- cal negotiations and participation in them of tion to oversee and assist in the voluntary return tribal leaders from Darfur, and the presence of of internally displaced persons to their homes, AU monitors in the Sudan. and confirmed its policy of no involuntary re- Report of Secretary-General (August). In re- turn. It would hold a conference of local leaders sponse to resolution 1556(2004), the Secretary- to seek their help in building confidence and General, on 30 August [S/2004/703], reported on contributing to security, administration and in the Sudan’s progress in fulfilling its terms. He resolving disputes, and start talks with com- stated that the Joint Implementation Mecha- munity leaders and others to establish a commis- nism, which had held meetings on 15 July and 2, sion for rehabilitation, recovery, development 12 and 19August, sent a joint verification mission and reconciliation in Darfur. With the support of to Darfur from 26 to 28 July, which concluded the international community, the Government that no forced returns had been observed in those would improve the humanitarian situation in areas it visited, and security in camps for inter- Darfur, including by extending the fast-track nally displaced persons had improved. However, procedure for access until July 2005. there was a clear need to accelerate implementa- Communications. The Sudan, responding on tion of the Government’s commitments in other 17 August [S/2004/671] to resolution 1556(2004), areas. The Government had not taken any meas- said that it was proceeding with the implementa- ures to disarm the Janjaweed and other armed tion of the resolution’s provisions on humanita- outlaw groups. It agreed that the Government rian assistance, disarmament, security and pro- should lay out a road map indicating actions to be tection of human rights, and a political taken within 30 days, covering certain regions settlement. Specifically, it had taken measures to and selected militias over which it had influence, disarm the militias, but warned of the enormity on the understanding that those actions should of the task, saying that the entire process de- start the disarmament process. The Government

YUN04—6th proofs / OF July 24 2006 244 Political and security questions could prove its commitment to the international had identified any militias outside the Popular community by achieving substantial and verifi- Defence Forces or had issued instructions to the able progress on the ground within the first 30- leaders of militias under its influence to disarm. day reporting period. A comprehensive demobilization, disarmament With respect to the Darfur Plan of Action (see and reintegration programme was urgently p. 242), the Secretary-General reported that, on needed, for which the Government should ac- 15August, the Government announced the selec- cept international assistance if it was unable to tion of the areas that it would make safe and se- stop the attacks and protect civilians. cure by the end of August, including areas in The capacity of humanitarian agencies on the each of the three States of Darfur, with an esti- ground continued to increase. The United mated 375,000 internally displaced persons, or Nations and the Red Cross and Red Crescent mis- 30 per cent of the total number (about 1,227,000) sions were already operating in Darfur, and 10 in Darfur as at 1 August. On 19 August, it pre- other organizations were about to start opera- sented to the Joint Implementation Mechanism a tions. The number of displaced persons in- list of immediate measures it was taking, includ- creased by about 200,000 to more than 1.2 mil- ing the deployment, from 10 to 20 August, of lion, and that of host communities and others 2,000 additional police and 100 armed vehicles, requiring relief by more than 60,000. Total UN and protection for villages within a 20-kilometre funding requirements in response to the Darfur radius around the major towns identified. The crisis was estimated at $531 million. military would be redeployed to administrative The United Nations collaborated with the AU headquarters and garrisons to avoid direct con- to produce a comprehensive plan for an ex- tact with civilians. Internal security of the panded AU mission in Darfur (AUMIS), to include identified areas would be the responsibility of the logistical support and budgetary requirements police. and support to the AU in managing and directing As required by the Plan, a conference of local a complicated field operation. A UN assessment leaders was held (Khartoum, 11-12 August) to re- team also found a need for a substantial civilian view draft legislation on the native adminis- police component to assist with monitoring and tration of the three Darfur States. It also dis- capacity-building of the national police. cussed social reconciliation and the role of the The Secretary-General concluded that, after traditional administration in the disarmament 18 months of conflict and 30 days after the adop- process. All major tribes and interests of both tion of resolution 1556(2004), the Government pastoralists and nomads were represented. The had been unable to resolve the crisis in Darfur Native Administration Law for the Darfur States and had not met some of its core commitments. was adopted on 19 August by presidential order, However, the search for a political solution was with provisions on administrative, security, under way in Abuja, through a UN-supported AU judicial, executive and other issues. mediation effort. The Secretary-General be- The most critical commitment still to be im- lieved that a substantially increased international plemented related to the armed militias who con- presence in Darfur was required as quickly as tinued to pose a serious threat to the civilian pop- possible to monitor the implementation of the ulation. Despite various commitments to disarm parties’ commitments more effectively. The crisis them, the Government had stated repeatedly that in Darfur could not be seen in isolation from the it had no control over the militias accused of at- search for a comprehensive peace in the Sudan. tacking civilians and committing other atrocities While efforts were being made to find a solution in Darfur. However, during discussions in the to the Darfur crisis, simultaneous efforts were Joint Implementation Mechanism, the Govern- required promptly to restart and conclude the ment did accept the UN position that some mili- IGAD-led peace talks (see p. 234). However, any tias were under its influence and should be iden- effort to make the conclusion of the IGAD process tified and instructed to lay down their weapons, conditional on an end to the crisis in Darfur and that they were not limited to those previously would be counter-productive, with consequences incorporated into the Popular Defence Forces, that could further destabilize the country and the but included outside militias that were later region. linked with those forces. Security Council consideration. At the While the disarming of members of the Popu- Security Council’s consideration of the Secretary- lar Defence Forces had begun in several loca- General’s report, on 2 September [meeting 5027], tions, militia activities were reported in all three the Special Representative affirmed that the States of Darfur, with villages wantonly attacked, United Nations had maintained pressure on the looted and destroyed and over 50 people killed. Sudanese Government to show progress in im- The Government provided no evidence that it proving security, through the framework of the

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Joint Implementation Mechanism. The Govern- count the need to foster and restore the confidence of ment had made some progress in that regard in vulnerable populations and to improve radically the the 30-day initial period but had not met its com- overall security environment in Darfur; and welcom- ing the recommendations contained in the report, par- mitments in two key areas: stopping attacks ticularly those concerning the desirability of a substan- against civilians by militias and disarming them; tially increased presence of the African Union mission and no concrete steps had been taken to bring to in the Darfur region of the Sudan, justice any of the militia leaders or the perpetra- Welcoming also the leadership role and the engage- tors of the attacks or even to identify them. There ment of the African Union in addressing the situation was thus distrust among the displaced due to in Darfur, their perception that the Government was behind Welcoming further the letter dated 6 September 2004 the terror and trauma they had experienced. The to the President of the Security Council from the Chairman of the African Union, the President of the Special Representative, noting that negotiations Federal Republic of Nigeria, Mr. Olusegun Obasanjo, towards a political solution were under way in including his appeal for international support for the Abuja, urged the parties to redouble their efforts extension of the African Union mission in Darfur, and seek assistance from the AU and UN facilita- Reaffirming its commitment to the sovereignty, unity, tors and mediators. He further urged that the territorial integrity and independence of the Sudan, IGAD peace talks be resumed concurrently with as consistent with the Machakos Protocol of 20 July those negotiations. 2002 and subsequent agreements based thereon, as agreed to by the Government of the Sudan, Communication. Australia, Canada and New Recalling the joint communiqué of 3 July 2004 Zealand, in a joint letter of 10 September issued by the Government of the Sudan and the [S/2004/739], agreed with the Special Representa- Secretary-General, and recognizing the efforts under- tive that pressure be maintained on the Govern- taken by the Joint Implementation Mechanism and the ment of the Sudan to carry out its commitments. Special Representative of the Secretary-General to ad- They urged the Council to support the AU,in- vance the aims of the communiqué and the require- cluding the deployment of a significantly ex- ments of resolution 1556(2004), Welcoming the fact that the Government of the Su- panded AU mission and to establish clear dan has taken a number of steps to lift administrative benchmarks and time lines for actions expected obstructions to the delivery of humanitarian relief, of the Government with regard to disarming the which has resulted in access for an increased number Janjaweed; identifying those groups over which of humanitarian personnel in Darfur, as well as inter- the Government had influence; apprehending national human rights non-governmental institutions, and prosecuting those suspected of inciting and and recognizing that the Government of the Sudan has carrying out war crimes and crimes against hu- broadened its cooperation with United Nations hu- manity; and continuing to remove barriers to ac- manitarian agencies and their partners, Urging the Government of the Sudan and the rebel cess by humanitarian and human rights moni- groups to facilitate this humanitarian relief by allow- tors. They called on the Secretary-General to ing unfettered access for humanitarian supplies and establish an impartial commission of experts to workers, including across the borders of the Sudan investigate allegations of war crimes and crimes with Chad and Libya by land and by air as may be re- against humanity, especially of sexual violence. quired, Expressing grave concern at the lack of progress with SECURITY COUNCIL ACTION (September) regard to security and the protection of civilians, dis- armament of the Janjaweed militias and the identifica- On 18 September [meeting 5040], the Security tion and bringing to justice of the Janjaweed leaders Council adopted resolution 1564(2004) by vote responsible for violations of human rights and interna- (11-0-4). The draft [S/2004/744] was submitted by tional humanitarian law in Darfur, Germany, Romania, Spain, the United Kingdom Recalling that the Government of the Sudan bears and the United States. the primary responsibility to protect its population within its territory, to respect human rights and to The Security Council, maintain law and order, and that all parties are obliged Recalling its resolution 1556(2004) of 30 July 2004, to respect international humanitarian law, the statement by its President of 25 May 2004, its reso- Stressing that the Sudanese rebel groups, particularly lution 1547(2004) of 11 June 2004 and resolution 1502 the Justice and Equality Movement and the Sudan (2003) of 26 August 2003, and taking into account the Liberation Movement/Army, must also take all neces- Plan of Action agreed by the Special Representative of sary steps to respect international humanitarian and the Secretary-General for the Sudan and the Govern- human rights law, ment of the Sudan, Emphasizing that the ultimate resolution of the crisis Welcoming the report of the Secretary-General of in Darfur must include the safe and voluntary return 30 August 2004 and the progress achieved on humani- of internally displaced persons and refugees to their tarian access, and expressing concern that para- original homes, and noting in that regard the memo- graphs 59 to 67 indicate that the Government of the randum of understanding of 21 August 2004 between Sudan has not fulfilled the entirety of its commit- the Government of the Sudan and the International ments under resolution 1556(2004) and taking into ac- Organization for Migration,

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Expressing its determination to do everything possible abuses and violations of international humanitarian to end the suffering of the people of Darfur, law, and insists that the Government of the Sudan take Determining that the situation in the Sudan consti- all appropriate steps to stop all violence and atrocities; tutes a threat to international peace and security and to 8. Calls upon all Sudanese parties to take the neces- stability in the region, sary steps to ensure that violations reported by the Acting under Chapter VII of the Charter of the Ceasefire Commission are addressed immediately and United Nations, that those responsible for such violations are held ac- 1. Declares its grave concern that the Government of countable; the Sudan has not fully met its obligations noted in res- 9. Demands that the Government of the Sudan sub- olution 1556(2004) and the joint communiqué of 3 July mit to the African Union mission for verification, doc- 2004 with the Secretary-General to improve, as ex- umentation, particularly the names of Janjaweed mili- pected by the Security Council, the security of the tiamen disarmed and names of those arrested for civilian population of Darfur in the face of continued human rights abuses and violations of international depredations, and deplores the recent ceasefire viola- humanitarian law, with regard to its performance rela- tions by all parties, in particular the reports by the tive to resolution 1556(2004) and the N’Djamena cease- Ceasefire Commission of the Government of the Su- fire agreement of 8 April 2004; dan’s helicopter assaults and Janjaweed attacks on 10. Also demands that all armed groups, including Yassin, Hashaba and Gallab villages on 26 August rebel forces, cease all violence, cooperate with interna- 2004; tional humanitarian relief and monitoring efforts and 2. Welcomes and supports the intention of the African ensure that their members comply with international Union to enhance and augment its monitoring mission humanitarian law, and facilitate the safety and security in the Darfur region of the Sudan, and encourages the of humanitarian staff; undertaking of proactive monitoring; 11. Reiterates its full support for the N’Djamena 3. Urges Member States to support the African ceasefire agreement, and in this regard urges the Gov- Union in these efforts, including by providing all ernment of the Sudan to refrain from conducting mili- equipment, logistical, financial, material and other re- tary flights in and over the Darfur region in accord- sources necessary to support the rapid expansion of ance with its commitments; the African Union mission and by supporting the 12. Requests that the Secretary-General rapidly es- efforts of the African Union aimed at a peaceful con- tablish an international commission of inquiry in clusion of the crisis and the protection of the welfare of order immediately to investigate reports of violations the people of Darfur, welcomes the Government of of international humanitarian and human rights law the Sudan’s request to the African Union to increase in Darfur by all parties, to determine also whether or its monitoring presence in Darfur in its letter dated not acts of genocide have occurred, and to identify the 9 September 2004 to the Council, and urges the Gov- perpetrators of such violations with a view to ensuring ernment of the Sudan to take all steps necessary to that those responsible are held accountable, calls upon follow through with this commitment and to cooperate all parties to cooperate fully with such a commission, fully with the African Union to ensure a secure and and also requests the Secretary-General, in conjunc- stable environment; tion with the Office of the United Nations High Com- 4. Calls upon the Government of the Sudan and the missioner for Human Rights, to take appropriate steps rebel groups, particularly the Justice and Equality to increase the number of human rights monitors de- Movement and the Sudan Liberation Movement/ ployed to Darfur; Army, to work together under the auspices of the Afri- 13 . Calls upon Member States to provide in an ur- can Union to reach a political solution in the negotia- gent manner generous and sustained contributions to tions currently being held in Abuja under the leader- the humanitarian efforts under way in Darfur and ship of President Obasanjo, notes the progress made to Chad to address the shortfall in response to continued date, urges the parties to the negotiations to sign and United Nations appeals, emphasizes the need for implement the humanitarian agreement immediately Member States to fulfil their pledges forthwith, and and to conclude a protocol on security issues as soon as welcomes the substantial contributions made to date; possible, and underscores and supports the role of the 14 . Declares that, in the event that the Government African Union in monitoring the implementation of of the Sudan fails to comply fully with resolution all such agreements reached; 1556(2004) or the present resolution, including, as de- 5. Urges the Government of the Sudan and the Su- termined by the Council after consultations with the dan People’s Liberation Movement to conclude a com- African Union, failure to cooperate fully with the ex- prehensive peace accord expeditiously as a critical step pansion and extension of the African Union monitor- towards the development of a peaceful and prosperous ing mission in Darfur, the Council shall consider tak- Sudan; ing additional measures as contemplated in Article 41 6. Affirms that internally displaced persons, refu- of the Charter of the United Nations, such as actions to gees and other vulnerable peoples should be allowed affect the Sudan’s petroleum sector and the Govern- to return to their homes voluntarily, in safety and with ment of the Sudan or individual members of the Gov- dignity, and only when adequate assistance and ernment, in order to take effective action to obtain such security are in place; full compliance or full cooperation; 7. Reiterates its call for the Government of the Sudan 15. Requests that, in the monthly reports pursuant to to end the climate of impunity in Darfur by identify- resolution 1556(2004), the Secretary-General report to ing and bringing to justice all those responsible, in- the Council on the Government of the Sudan’s pro- cluding members of popular defence forces and gress or lack thereof in complying with the Council’s Janjaweed militias, for the widespread human rights demands in the present resolution and the effort by

YUN04—6th proofs / OF July 24 2006 Africa 247 the Government of the Sudan and the Sudan People’s nally displaced persons at Kalma, in Southern Liberation Movement to conclude a comprehensive Darfur State [S/2004/767]; and that rebels contin- peace accord on an urgent basis; ued to refuse to specify their positions as re- 16. Decides to remain seized of the matter. quired under the N’Djamena ceasefire agree- RECORDED VOTE ON RESOLUTION 1564(2004): [S/2004/769] In favour: Angola, Benin, Brazil, Chile, France, Germany, Philippines, ment . It also informed the Council Romania, Spain, United Kingdom, United States. that a conference on the native administrative Against: None. system and its role in restoring tranquility, Abstaining: Algeria, China, Pakistan, Russian Federation. security and peace in Darfur (Al Fasher, North The countries which abstained in the vote had Darfur, 18-19 September), attended by com- expressed opposition beforehand to the Coun- munity leaders, tribal chieftains, heads of politi- cil’s use of the threat of sanctions as a means of cal parties, civil leaders and representatives of achieving its objectives. After the vote, the Sudan Darfur in the National Assembly, issued a final said that it had honoured its commitments and communiqué and an agreement on resolving the that the Council knew better than anyone that the Darfur crisis through dialogue among the people problem had its roots in the country’s economic of Darfur within the context of one homeland and social backwardness; it wondered whether [S/2004/768]. On 28 September [S/2004/772], the sanctions would help resolve the problem. The Sudan drew attention to four recent ceasefire adoption of the resolution, it said, had torpedoed violations. all negotiations and undermined the AU’s efforts. Further communications. On 22 September UN Advance Mission in Sudan [S/2004/751], the Sudan expressed its belief that The United Nations, as requested by the resolution 1564(2004) had encouraged the rebels Security Council in resolution 1547(2004), estab- to adopt a position that led to the deadlock in the lished, in June, a special political mission, the Abuja negotiations and to violations of the cease- United Nations Advance Mission in the Sudan fire agreement, as demonstrated by their attacks (UNAMIS), headed by Jan Pronk (Netherlands) on villages on 16 and 18 September. Special Representative for the Sudan. He was The EU, on 23 September [S/2004/803], wel- supported by two Deputy Special Representa- comed resolution 1564(2004), including its tives, who were appointed by the Secretary- stated preparedness to consider measures, such General, one of whom would function as Resi- as sanctions, should the Sudan fail to comply with dent Coordinator/Humanitarian Coordinator. previous Council demands. Also appointed were the mission’s Chief Military The AU Peace and Security Council, in a com- Adviser and a chief civilian police adviser. The muniqué on the situation in Darfur issued at its mission was headquartered in Khartoum, with a sixteenth meeting (Addis Ababa, 17 September) liaison office in Nairobi. The international staff [S/2004/755], welcomed the convening in Abuja, would include military liaison and political and since 23 August, of the inter-Sudanese peace civil affairs staff, public information officers and talks, and urged the parties (the Government of experts in logistics and administration. On 5 Au- the Sudan, JEM, SPLM/A) to comply with the gust, the Government signed an agreement with 8 April N’Djamena Humanitarian Ceasefire the United Nations on the status of the mission Agreement, cooperate with the AU, remain com- and its personnel. mitted to the negotiation process and work to- wards a political settlement. UNAMIS financing The EU External Relations Council, on 13 Sep- tember [S/2004/766], issued conclusions on Darfur The Secretary-General, on 27 October [A/59/ indicating the EU’s intention to take appropriate 534], submitted proposed resource requirements measures, including sanctions, against the Gov- for UNAMIS from 11 September to 10 December ernment of the Sudan if no tangible progress was 2004, estimated at $21,008,100 net ($21,789,400 made in meeting the Security Council demands gross). That amount included $998,600 remaining in resolution 1556(2004), and to increase its hu- unencumbered from the $16,636,600 approved manitarian support as well as support to the AU for the initial phase (11 June–10 September) of mission in the Sudan. the mission. On 27 September, the Sudan informed the ACABQ, having reviewed the estimates, recom- Security Council President that Darfur rebels mended in its 11 November report [A/59/569] ap- raided the village of Ghibaish, in Western State, proval of the full amount. on 22 September, thus extending their opera- tions to areas outside Darfur and showing a lack GENERAL ASSEMBLY ACTION of interest in a political settlement [S/2004/762]; On 3 December [meeting 66], the General Assem- that rebel elements attacked the camp for inter- bly,on the recommendation of the Fifth Commit-

YUN04—6th proofs / OF July 24 2006 248 Political and security questions tee [A/59/448/Add.1], adopted resolution 59/58 quire an additional six military officers and six without vote [agenda item 108]. police officers. Estimates in respect of special political missions, Meanwhile, the humanitarian challenge in the good offices and other political initiatives Sudan remained enormous as the crisis contin- authorized by the General Assembly and/or ued in Darfur, and other parts of the country re- the Security Council: United Nations mained beset by ethnic tensions. The number of advance team in the Sudan vulnerable people in the south requiring imme- The General Assembly, diate assistance in food, health, water and sanita- Having considered the report of the Secretary- tion under Operation Lifeline Sudan was around General on the estimates in respect of special political 3 million. While humanitarian access had im- missions, good offices and other political initiatives proved, government restrictions in southern authorized by the General Assembly and/or the Blue Nile limited the capacity for humanitarian Security Council and the related report of the Advi- sory Committee on Administrative and Budgetary action. Hostilities linked to oilfield development Questions, and militia realignment in and around western 1. Endorses the observations and recommendations Upper Nile, hostile actions by the Ugandan of the Advisory Committee on Administrative and Lord’s Resistance Army and intra-ethnic conflict Budgetary Questions; in some areas of Equatoria and in the Shilluk 2. Decides to approve the budget for the United Kingdom earlier in the year led to new displace- Nations advance team in the Sudan for the period from ment and suffering, and access restrictions. In- 11 September to 10 December 2004 in the amount of ternally displaced persons returning to their 21,789,400 United States dollars gross (21,008,100 dol- home areas were also putting a strain on the lars net); humanitarian situation. 3. Notes that part of the requirements would be met from the unspent balance of 998,600 dollars of the The Secretary-General observed that the deci- amount already provided for the mission; sion of the Government and SPLM/A to resume 4. Decides to approve a charge, against the provision negotiations on 7 October in the context of the for special political missions appropriated under sec- IGAD-led peace process restored optimism that tion 3, Political affairs, of the programme budget for progress was possible, and he was heartened by the biennium 2004–2005, in the amount of 3,002,600 the parties’ recent positive attitude towards con- dollars, corresponding to the unassigned balance in cluding the negotiations as soon as possible. That that provision; peace process was central to comprehensive 5. Also decides to appropriate, under the procedure peace in the Sudan, as it addressed the funda- provided for in paragraph 11of annex I to General As- mental roots of the conflict in southern Sudan. sembly resolution 41/213 of 19 December 1986, the amount of 17,006,900 dollars under section 3, Political While the process did not offer a comprehensive affairs, and 781,300 dollars under section 34, Staff as- solution to the country’s problems, the breadth sessment, of the programme budget for the biennium of the agreements reached in the Naivasha proto- 2004–2005, the amount of 781,300 dollars to be offset cols (see p. 236) offered a basis for answers to the by a corresponding amount in the income estimates wider issues of insecurity and conflict. In his under income section 1, Income from staff assessment, view, the current crisis in Darfur was emblematic of the programme budget. of that problem. The rebel groups in Darfur were only two of an array of peoples and groups that Developments in the peace had complained of systematic marginalization processes and security situation over the course of recent Sudanese history. An Report of Secretary-General (September). agreement between the Government and The Secretary-General reported on 28 Septem- SPLM/A, he said, would be a catalyst to addressing ber [S/2004/763] that the IGAD-led peace process the Darfur crisis and the wider problems of was scheduled to resume in early October and economic and political marginalization. UNAMIS would have to be ready to assist and be in Security Council consideration. The Security a position to deploy an operation in a timely man- Council, during its consideration of the Secretary- ner following a final breakthrough and the sign- General’s report on 5 October [meeting 5050],was ing of a comprehensive peace agreement. In that told by the Special Representative that, despite regard, several additional tasks were identified the Government’s pledges to take action, there for the mission, including helping the AU to de- was no systematic improvement in people’s ploy and support an expanded mission in security in the Sudan and no progress on ending Darfur, establishing four field offices in Darfur impunity. Ceasefire breaches also continued. and Kassala and enhancing the ability of the ad- Pressure had to be put on the current political vance mission’s headquarters to support the new leaders to change their policies. Such pressure tasks and offices in Darfur. The Secretary- should be constructive, with no mixed signals or General said that the expanded tasks would re- messages and should be combined with adequate

YUN04—6th proofs / OF July 24 2006 Africa 249 monitoring and a fair degree of trust and prolonged by inaction. The Government had not acknowledgment of good performance. There fulfilled its commitments and obligations on dis- should be no room for options other than com- arming the militia and had not presented the de- plying with the demands of the international tails of a plan to establish a commission to collect community. The conflicts in the Sudan had to be weapons, as promised at the 17 September Joint prevented from turning into general antagonism Implementation Mechanism meeting. between people of different religions or different Impunity among members of the armed forces ethnic backgrounds. remained a concern. The Government had taken Report of Secretary-General (October). The only minimal steps towards military or criminal Secretary-General, in response to resolution prosecution of those already identified as respon- 1564(2004), reported on 4 October [S/2004/787] on sible for ceasefire violations and offences under the situation in the Sudan, in particular on the international humanitarian law. security and humanitarian situations. With re- The humanitarian situation had deteriorated gard to the security situation, the Secretary- since the objectives of the 90-day UN humanita- General said that the Joint Implementation rian plan for Darfur were set. There were more Mechanism, at its 17 September meeting, con- displaced people than previously thought, with cluded that progress towards full security im- new arrivals to some camps numbering in the plied that achievements would be maintained tens of thousands. The number of conflict- and improved upon and that there could be no affected people could rise above 2 million if con- trade off between security in the initial areas and tinuation of the civil war caused further displace- security elsewhere in Darfur. In the coming ments. In general, the Government continued to months, that meant that the Government had to fulfil its commitments regarding humanitarian take action to stop attacks on the civilian popula- access. Assistance was beginning to flow into tion by its forces and by others such as the SPLM/A controlled-areas, although complete Janjaweed militia. It should request interna- freedom of access was not possible. tional assistance to fulfil its responsibility in that As to the Darfur peace process, political talks regard. During the meeting, the Government between the Government and the rebel move- promised to commit no further breaches of the ments began on 23 August at Abuja, under the ceasefire and to accept international assistance, auspices of Nigerian President Olusegun including more AU forces to carry out tasks be- Obasanjo, with the United Nations supporting yond the ceasefire monitoring. The Government the mediation effort. The parties agreed on a text proposed three new areas it would make safe and for a protocol on humanitarian access, by which secure around the camps for internally displaced they would take measures to prevent violence persons at Kass, Kutum and Zallingi, in South- against civilians, reaffirm the need to protect the ern, Northern and Western Darfur, respectively. rights of internally displaced persons and refu- At its 24 September meeting, the Monitoring gees, and form an implementation mechanism, Committee agreed on a procedure designed to namely, the Joint Humanitarian Facilitation and avoid situations that might lead to a breach of the Monitoring Unit. While the parties declined to N’Djamena ceasefire agreement. On 26 Septem- sign that protocol, the Government, on 17 Sep- ber, however, the Government informed the tember, agreed to act as if it had been signed. Ne- United Nations that it could not agree to the pro- gotiations were ongoing on a security protocol, cedure owing to failure on the part of SPLM/A but a wide gap between the parties prevented and JEM to meet their obligations under the them from reaching agreement. N’Djamena agreement. The Secretary-General observed that the most The Secretary-General said it was clear that important step to be taken in the coming weeks the ceasefire was not holding in many parts of was the deployment of the expanded AU force. Darfur. Violence was reported throughout Sep- That force needed to be sizeable and speedily de- tember, with clashes at Sayyah, north of Al ployed. It also needed a broad mandate that went Fasher, and attacks by Government-aligned mili- beyond overseeing the ceasefire and that should tia against SLA at Abu Dalek. Attacks against civil- include: ensuring protection of the rights of in- ians continued, including attacks by uniformed ternally displaced persons and refugees in their men and abduction of young women. Other inci- areas of origin; providing safety of displaced per- dents included assault, killings, collection of un- sons in the camps and safe and voluntary return lawful taxes by the militias, general banditry and of refugees and displaced persons to their areas inter-tribal fighting. Ever increasing numbers of of origin; monitoring the behaviour of the police; the population of Darfur were exposed, without and disarming fighters. The second issue to be any protection from the Government, to hunger, addressed was the resumption of the political fear and violence, and the suffering was being talks between the Government and SPLM/A. The

YUN04—6th proofs / OF July 24 2006 250 Political and security questions outcome of those talks, intended to bring peace, a day following the meeting, and decides that the verba- new constitution, a federal structure for the tim record shall be issued subsequently in New York. State, national differentiation and a broad-based Government, could serve as a model for Darfur. Report of Secretary-General (November). Re- International Commission of Inquiry. The porting on developments in the Sudan since Secretary-General, as requested by the Security his September report (see p. 248), the Secretary- Council in resolution 1564(2004), established the General, on 2 November [S/2004/881], said that the International Commission of Inquiry for Darfur month of October saw a deterioration in security to investigate reports of serious violations of in- conditions in Darfur, as reported by observers ternational humanitarian law and human rights and humanitarian agencies. Ceasefire violations law in that region by all parties in the current con- increased on both sides. SPLM/A and the Govern- flict; qualify crimes and determine whether acts ment were seeking to claim a bigger area of of genocide had occurred or were occurring; and Darfur. The Government responded to attacks identify the perpetrators of such violations and by launching operations using army, police and recommend accountability mechanisms before militia, including the Janjaweed. In an apparent which they would be brought to account. On 4 drift towards lawlessness, cases of banditry and October [S/2004/812], he informed the Council of abduction dramatically increased, affecting ci- his appointment of a five-member Commission, vilian traffic, including pilgrims travelling to be chaired by Antonio Cassese (Italy). through the Sudan for the hajj, and hampering delivery of humanitarian aid. Various sources re- In conducting its inquiry, the Commission ported the emergence of a new rebel movement would enjoy the full cooperation of the Govern- in Darfur, known as the National Movement for ment of the Sudan, and would be provided with Reformation and Development (NMRD), which the necessary facilities to enable it to operate, claimed responsibility for attacks against Gov- and, in particular, be guaranteed freedom of ernment troops and also threatened the AU movement throughout the territory, and free- Ceasefire Commission. There were also clashes dom of access to all sources of information and between JEM and NMRD. In addition, a new anti- documentary material. Appropriate security ar- Government armed group called Al-Shahamah rangements for the Commission’s personnel and (nobility) emerged in Western Kordofan, calling documents would be provided, and protection of for a fair distribution of wealth and power, better victims and witnesses would be guaranteed. The education and employment opportunities, a re- Commission was requested to report to the view of the power- and wealth-sharing protocols, Secretary-General within 90 days from the start and revision of the protocol on the Nuba Moun- of its activities. tains and the southern Blue Nile regions signed by the Government and SPLM/A. The spread of SECURITY COUNCIL ACTION (October) fighting between rebel movements and activities On 26 October [meeting 5063], the Security Coun- in areas outside Darfur increased insecurity. cil unanimously adopted resolution 1569(2004). On 20 October, the AU Peace and Security The draft [S/2004/857] was prepared in consulta- tions among Council members. Council announced it would increase its mission in Darfur to 3,320 persons, including 2,341 mili- The Security Council, tary personnel and up to 815 civilian police. It ex- Acting in accordance with Article 28, paragraph 3, of panded its mandate to include the monitoring the Charter of the United Nations, and verification of the security provided for 1. Decides to hold meetings in Nairobi starting on returning internally displaced persons, of the 18 November 2004 and ending on 19 November 2004, Government’s efforts to disarm Government- and that the agenda for these meetings will be “The re- controlled militias, and of the protection of civil- ports of the Secretary-General on the Sudan”; ians under imminent threat and in the immedi- 2. Decides also to discuss the Sudan with representa- ate vicinity of AU troops and monitors. On 26 Oc- tives of the African Union and the Intergovernmental Authority on Development at the above-mentioned tober, the Sudanese Parliament endorsed the meetings, and to take the opportunity of the presence deployment of the additional AU forces, and the of the Security Council in Nairobi to discuss other Government accepted verification by the AU Mis- peace efforts in the region with both the African sion on whether Janjaweed had been recruited Union and the Intergovernmental Authority on Devel- into the police. A UN assistance cell in Addis opment; Ababa was integrated into and co-located with el- 3. Decides further, with respect to the meetings re- ements of the AU office dealing with manage- ferred to in paragraph 1 above, to waive the require- ment of the AU Mission in Darfur. ment set out in rule 49 of its provisional rules of proce- dure that the verbatim record of each meeting of the Peace negotiations. The Secretary-General Council shall be made available on the first working also reported that the IGAD-led peace process had

YUN04—6th proofs / OF July 24 2006 Africa 251 recently shown signs of progress, as the political the north-south round of talks had a good chance process addressing the north-south conflict had of being completed by the year’s end, and the in- resumed. From 7 to 16 October, the First Vice- ternational community should ensure that the President of the Sudan, Ali Osman Taha, and momentum was maintained. Meanwhile, vio- SPLM/A Chairman John Garang met in Nairobi lence in Darfur was on the rise and new move- to resolve outstanding security issues and to plan ments were threatening the peace in Kordofan, in for the completion of the peace negotiations. the east and in Khartoum. The Secretary- They resolved most of the issues for a permanent General proposed that the Security Council con- ceasefire arrangement, including the deploy- sider what action it could take to ensure effective ment of joint integrated units in eastern Sudan implementation of the demands set out in its res- and the collaborative approach in handling other olutions on the Sudan at its meetings to be held in armed groups during the transition period, but Nairobi (see below). not for the funding of the armed forces of south- Security Council consideration (4 November). ern Sudan and the timing of the incorporation The Security Council reviewed the Secretary- and integration of other armed groups into the General’s report on 4 November [meeting 5071]. respective structures of the Sudan armed forces Addressing the meeting, the Special Representa- and SPLA. tive said that progress on the political front was From 17to 30 October, the parties held technical- slow, and regression on the ground was alarming, level negotiations on implementation modalities, as instability had increased in October. Political focusing on the Machakos protocol, the power- agreements might come too late to stop the rising sharing and wealth-sharing protocols and the violence. Both sides were trying to widen the area protocol on the conflict areas. They consulted the of their control. Fighting was occurring in more United Nations on aspects of the ceasefire, envis- places, militias were ganging up, and the Govern- aging a UN monitoring and verification role dur- ment did not fully control its own forces. Within ing the implementation phase. At the conclusion the rebel movements, there was a leadership cri- of the talks, the parties announced that they had sis. The situation could only be reversed by a been able to resolve certain concerns raised by the three-pronged approach: a third party (the AU) United Nations regarding specific elements of its should be deployed to deter violations; all negoti- role. ation processes should be speeded up; and politi- Political talks between the Government and cal leaders, official and self-elected, should be the rebel movements in the Darfur peace process held accountable for violations of agreements resumed on 21 October in Abuja, during which and further human misery. the Government, SPLM/A and JEM reaffirmed In a statement released the same day [SC/8283], their commitment to the ceasefire and to the the Council President said that Council members need to reach a political solution to the Darfur expressed concern about the Government’s conflict. While the parties continued to discuss forced relocations of internally displaced persons their security concerns in the framework of the in Otash, Old Sharief and New Sharief. They also Security Committee, they commenced negotia- condemned ongoing violations of international tions on political issues on 29 October, having ex- human rights and humanitarian law, such as at- pressed their readiness to negotiate a declaration tacks on civilians, sexual violence and hostage- of principles. The Special Representative urged taking that were being perpetrated in Darfur by them to sign the protocol on improving the hu- all parties including the Government, rebel manitarian situation (see p. 249) and stressed the groups, and the Janjaweed militias. need for the establishment of mechanisms to Communications. Australia, on 8 November facilitate implementation. [S/2004/887], said it supported the Special Repre- The Secretary-General commented that the sentative’s suggestion that the Council use its ongoing talks in Nairobi were proceeding well forthcoming Nairobi meetings to maintain strong and that the AU force was expanding rapidly. In pressure on the Sudanese parties to meet their spite of that progress, ceasefire breaches had in- obligations to protect civilians and work towards a creased as had violence, affecting civilians indi- peaceful settlement of the country’s conflicts. rectly and directly, especially in Darfur, where at- The EU, on 11 November [S/2004/912],wel- tacks and killings continued at an unacceptable comed the progress in the Abuja peace talks and scale. The increase in the number of internally the signing of the Humanitarian and Security displaced persons reflected the severity of the Protocols on 9 November. It confirmed its com- protection and security situation in Darfur, mitment to contribute to the peace and reconcili- which the conflicting parties should take as a ation processes in the Sudan, which did not ex- clear message to pursue urgently a peace agree- clude the use of sanctions against all parties to the ment. The Secretary-General was of the view that conflict.

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Security Council consideration (18-19 Novem- contracts. He assured the Council that SPLM/A ber). The Council met in Nairobi on 18 and 19 was willing to work with the other parties in re- November [meetings 5080-5082], in accordance with solving those issues and with the National Con- resolution 1569(2004) (see p. 250). In attendance gress Party in establishing a new Government of at the first and third meetings were the Sudan’s national unity. First Vice-President, Ali Othman Taha, and the Chairman of SPLM/A, John Grang. At the first SECURITY COUNCIL ACTION (November) meeting, the Secretary-General said that, while On 19 November [meeting 5082], the Security the Council should place its primary focus on the Council unanimously adopted resolution 1574 conclusion of the north-south talks, also de- (2004). The draft [S/2004/903] was prepared in manding its attention was the conflict in Darfur, consultation among Council members. where the security situation continued to deterio- The Security Council, rate, despite the ceasefire agreements signed ear- Recalling its resolutions 1547(2004) of 11 June 2004, lier in N’Djamena and Abuja. It was time to con- 1556(2004) of 30 July 2004 and 1564(2004) of 18 Sep- clude the Naivasha process, he said, and involve tember 2004 and the statements by its President con- all Sudanese stakeholders in a national confer- cerning the Sudan, ence to discuss the future governance of the Reaffirming its commitment to the sovereignty, unity, country. independence and territorial integrity of the Sudan, and recalling the importance of the principles of Vice-President Taha reiterated his Govern- good-neighbourliness, non-interference and regional ment’s firm commitment to concluding negotia- cooperation, tions as soon as possible and announced that it Reaffirming its support for the Machakos Protocol of had reached an understanding with SPLM/A and 20 July 2002 and subsequent agreements based on that the IGAD secretariat, as reflected in the common Protocol, memorandum of understanding committed to Expressing its determination to help the people of the by the parties for the conclusion of the negotia- Sudan to promote national reconciliation, lasting peace and stability, and to build a prosperous and tions within the agreed framework contained united Sudan in which human rights are respected therein and to be signed in the presence of Coun- and the protection of all citizens is assured, cil members. The Government’s vision of a Recalling that it welcomed the signature of the decla- peaceful political resolution in Darfur was based ration on 5 June 2004 in Nairobi, in which the parties on the Naivasha agreements (see p. 236) and on confirmed their agreement to the six protocols signed the establishment of a foundation for decentral- between the Government of the Sudan and the Sudan ized government within a federal network, which People’s Liberation Movement/Army and recon- firmed their commitment to completing the remain- would include an agreement on the sharing of ing stages of negotiations, national resources and wealth in a manner that Commending again the work and continued support provided every governorate, State and region of the Intergovernmental Authority on Development, in the Sudan with a proportional share. The in particular, the Government of Kenya as Chair of the Government had also prepared a three-year Subcommittee on the Sudan, in facilitating the peace medium-term development plan to be imple- talks in Nairobi, recognizing the efforts of the Civilian mented after the signing of a peace agreement on Protection Monitoring Team, the Joint Military Com- Darfur that would address urgent assistance to mission in the Nuba Mountains and the Verification and Monitoring Team in support of the peace process, facilitate the return of displaced persons and ref- and expressing its hope that the Intergovernmental ugees, develop agricultural and other income- Authority will continue to play a vital role during the generating sectors, and focus on providing clean transitional period, water for industry and people. Encouraging the parties to conclude speedily a com- Chairman Garang, in stating the SPLM/A posi- prehensive peace agreement, and stressing the need tion, said that, with the six protocols already in for the international community, once such an agree- ment has been signed and implementation begins, to place, it considered negotiations on the compre- provide assistance towards its implementation, hensive peace agreement on the Sudan complete. Emphasizing that progress towards resolution of the Outstanding were two issues in each of its two an- conflict in Darfur would create conditions conducive nexes: those in the comprehensive ceasefire an- for delivery of such assistance, nex concerned the funding of the armed forces Expressing its serious concern at the growing insecurity and the time frame for incorporating other and violence in Darfur, the dire humanitarian situa- armed groups into the Sudan Armed Forces or tion, continued violations of human rights and re- peated breaches of the ceasefire, and reiterating in this SPLM/A structures; those in the annex on imple- regard the obligation of all parties to implement the mentation modalities concerned the system of commitments, referred to in its previous resolutions funds transfer in local currency of the Govern- on the Sudan, ment’s share of southern Sudan’s oil revenues Condemning all acts of violence and violations of hu- and the sharing of information on existing oil man rights and international humanitarian law by all

YUN04—6th proofs / OF July 24 2006 Africa 253 parties, and emphasizing the need for perpetrators of support the implementation of that agreement, and re- all such crimes to be brought to justice without delay, iterates its request to the Secretary-General to submit Recalling, in this regard, that all parties, including to the Security Council, as soon as possible after the the Sudanese rebel groups such as the Justice and signing of a comprehensive peace agreement, recom- Equality Movement and the Sudan Liberation Army, mendations for the size, structure and mandate of such must respect human rights and international humani- an operation, including also a timetable for its deploy- tarian law, and also recalling the primary responsibil- ment; ity of the Government of the Sudan to protect its pop- 7. Welcomes the preparatory work already carried ulation within its territory and to maintain law and out by the United Nations Advance Mission in the Su- order, while respecting human rights, dan, established by its resolution 1547(2004), endorses Stressing the importance of further progress towards the proposals in the reports of the Secretary-General resolving the crisis in Darfur, welcoming the vital and of 28 September 2004 and 2 November 2004 to in- wide-ranging role being played by the African Union crease its staffing, extends the mandate of the Advance towards that end, and welcoming the decision of the Mission by a further three months until 10 March Government of the Sudan in favour of the expansion 2005, and calls upon the Sudan People’s Liberation of the African Union mission, Movement/Army to commit to full cooperation with Taking note of the reports of the Secretary-General the Advance Mission, of 28 September 2004 and 2 November 2004, 8. Calls upon all countries in the region to do their Deeply concerned by the situation in the Sudan and utmost to support actively the full and timely imple- its implications for international peace and security mentation of a comprehensive peace agreement; and stability in the region, 9. Emphasizes that a comprehensive peace agree- 1. Declares its strong support for the efforts of the Gov- ment will contribute towards sustainable peace and ernment of the Sudan and the Sudan People’s Libera- stability throughout the Sudan and to the efforts to ad- tion Movement/Army to reach a comprehensive peace dress the crisis in Darfur, and underlines the need for agreement, encourages the parties to redouble their a national and inclusive approach, including the role efforts, welcomes the signing of the memorandum of of women, towards reconciliation and peacebuilding; understanding in Nairobi on 19 November 2004 enti- 10. Underlines the importance of progress in peace tled “Declaration on the conclusion of negotiations of talks in Abuja between the Government of the Sudan the Intergovernmental Authority on Development on and the Sudan Liberation Army and the Justice and peace in the Sudan”, annexed to the present resolution, Equality Movement towards resolving the crisis in and the agreement that the six protocols referred to in Darfur, insists that all parties to the Abuja peace talks the Nairobi Declaration of 5 June 2004 constitute and negotiate in good faith to reach agreement speedily, form the core peace agreement, and strongly endorses welcomes the signature in Abuja of the Humanitarian the parties’ commitment to reach a final comprehensive and Security Protocols on 9 November 2004, urges the agreement by 31 December 2004, and expects that it will parties to implement them rapidly, and looks forward be fully and transparently implemented, with the ap- to the early signature of a declaration of principles propriate international monitoring; with a view to a political settlement; 2. Declares its commitment, upon conclusion of a 11. Demands that Government and rebel forces and comprehensive peace agreement, to assist the people all other armed groups immediately cease all violence of the Sudan in their efforts to establish a peaceful, and attacks, including abduction, refrain from forcible united and prosperous nation, on the understanding relocation of civilians, cooperate with international hu- that the parties are fulfilling all their commitments, manitarian relief and monitoring efforts, ensure that including those agreed in Abuja and N’Djamena; their members comply with international humanitarian 3. Urges the joint assessment mission of the United law, facilitate the safety and security of humanitarian Nations, the World Bank and the parties, in association staff, and reinforce throughout their ranks their agree- with other bilateral and multilateral donors, to continue ments to allow unhindered access and passage by hu- their efforts to prepare for the rapid delivery of an as- manitarian agencies and those in their employ, in ac- sistance package for the reconstruction and economic cordancewithresolution1502(2003)of26August2003 development of the Sudan, including official develop- on the access of humanitarian workers to populations in ment assistance, possible debt relief and trade access, to need and with the Abuja Protocols of 9 November 2004; be implemented once a comprehensive peace agree- 12. Decides,inaccordancewithitspreviousresolu- ment has been signed and its implementation begins; tions on the Sudan, to monitor compliance by the par- 4. Welcomes the initiative of the Government of ties with their obligations in that regard and, subject to a Norway to convene an international donors conference further decision of the Council, to take appropriate for the reconstruction and economic development of action against any party failing to fulfil its commit- the Sudan upon the signing of a comprehensive peace ments; agreement; 13 . Strongly supports the decisions of the African 5. Also welcomes the continued operations of the Union to increase its mission in Darfur to 3,320 per- Joint Military Commission, the Civilian Protection sonnel and to enhance its mandate to include the tasks Monitoring Team, and the Verification and Monitor- listed in paragraph 6 of the communiqué of 20 Octo- ing Team, in anticipation of the implementation of a ber 2004 of the Peace and Security Council of the Afri- comprehensive peace agreement and the establish- can Union, urges Member States to provide the re- ment of a United Nations peace support operation; quired equipment, logistical, financial, material and 6. Reiterates its readiness,uponthesignatureofa other necessary resources, and urges the Government comprehensive peace agreement, to consider establish- of the Sudan and all rebel groups in Darfur to co- ing a United Nations peace support operation to operate fully with the African Union;

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14 . Reiterates its call upon Member States to provide Witnessed by: urgent and generous contributions to the humanita- On behalf of the envoys of the Intergovernmental Au- rian efforts under way in the Sudan and Chad; thority on Development: 15. Calls upon all parties to cooperate fully with the (Signed) Lt. Gen. Lazaro K. Sumbeiywo (Rtd.) International Commission of Inquiry established by Special Representative of the Secretary-General of the the Secretary-General, as described in his letter dated United Nations 4 October 2004 to the President of the Security Coun- (Signed) Mr. Jan Pronk cil, the outcome of which will be communicated to the In the presence of the United Nations Security Council: Council; Permanent Representative of Algeria to the United 16. Reiterates the importance of deploying more Nations human rights monitors to Darfur; (Signed) Ambassador Abdallah Baali 17. Requests the Secretary-General to keep it regu- Permanent Representative of Angola to the United larly informed of developments in the Sudan, and to Nations make any recommendations for action to ensure im- (Signed) Ambassador Ismael Gaspar Martins plementation of the present resolution and its pre- Permanent Representative of Benin to the United vious resolutions on the Sudan; Nations 18. Decides to remain seized of the matter. (Signed) Ambassador Joël Adechi Permanent Representative of Brazil to the United Annex Nations Declaration on the conclusion of negotiations of the (Signed) Ambassador Ronaldo Sardenberg Intergovernmental Authority on Development on Permanent Representative of Chile to the United Nations peace in the Sudan (Signed) Ambassador Heraldo Muñoz Permanent Representative of China to the United Gigiri, Nairobi: Friday, 19 November 2004 Nations WHEREAS the Government of the Republic of the (Signed) Ambassador Wang Guangya Sudan and the Sudan People’s Liberation Move- Permanent Representative of France to the United ment/Army (the Parties) reconfirmed in the Nairobi Nations Declaration of 5 June 2004, on the final phase of the (Signed) Ambassador Jean-Marc de La Sablière negotiations on peace in the Sudan led by the Intergov- Permanent Representative of Germany to the United ernmental Authority on Development, their agree- Nations ment on the six texts, including the Machakos Protocol (Signed) Ambassador Gunter Pleuger as well as the texts relating to power sharing, wealth Permanent Representative of Pakistan to the United sharing, security arrangements, and resolution of the Nations conflict in southern Kordofan/Nuba Mountains, Blue (Signed) Ambassador Munir Akram Nile, and Abyei area; Permanent Representative of the Philippines to the WHEREAS the Parties in a joint press statement on United Nations 16 October 2004, “recommitted themselves to finalize (Signed) Ambassador Lauro Baja, Jr. and conclude the comprehensive peace agreement in Permanent Representative of Romania to the United recognition that prompt completion of the peace pro- Nations cess is essential for all the people of the Sudan as it will (Signed) Ambassador Mihnea Motoc help in resolving all challenges facing the country”; Permanent Representative of the Russian Federation ACKNOWLEDGING the progress made to date on the to the United Nations security arrangements and ceasefire details including (Signed) Ambassador Andrey Denisov the extensive work that has been accomplished in the Permanent Representative of Spain to the United implementation modalities annexes; and Nations DECLARING that the conclusion of the initiative led (Signed) Ambassador Juan Antonio Yáñez-Barnuevo by the Intergovernmental Authority on Development Permanent Representative of the United Kingdom of is central to a comprehensive peace agreement in the Great Britain and Northern Ireland to the United Sudan including the resolution of the conflict in Nations Darfur; (Signed) Ambassador Emyr Jones Parry NOW HEREBY THE PARTIES AFFIRM that the six Permanent Representative of the United States of protocols referred to in the Nairobi Declaration of America to the United Nations 5 June 2004 constitute and form the core peace agree- (Signed) Ambassador John Danforth ment and therefore invite the United Nations Security Council in this, its Nairobi sitting, to pass a resolution Report of Secretary-General (December). On endorsing the six protocols. 3 December [S/2004/947], the Secretary-General, FURTHER the Parties declare their commitment to reporting on developments in the Sudan, stated expeditiously complete negotiations on the two an- that, following the signing on 9 November of the nexes on ceasefire agreement and implementation mo- dalities so as to conclude and sign the comprehensive Humanitarian and Security Protocols in Abuja peace agreement no later than 31 December 2004. (see p. 251), the situation in Darfur was calm for For the Government of the Republic of the Sudan about one week and deteriorated towards the end (Signed) Mr. Yahya Hussein Babikar of November, with increased clashes between For the Sudan People’s Liberation Movement/Army Government forces and SPLM/A resulting in (Signed) Cdr. Nhial Deng Nhial many police and civilian deaths. The violence

YUN04—6th proofs / OF July 24 2006 Africa 255 reached a high point on 22 November, when The Secretary-General remarked that the opti- SPLA attacked Tawilla in northern Darfur and mism generated on the political front was over- took control of all police posts. The Sudanese shadowed by regression in the security situation. army launched heavy retaliatory attacks, report- In Darfur, chaos loomed as order was collapsing. edly using bomber planes, forcing SPLA to with- He called on the parties to abide by their commit- draw. Fighting continued until 24 November, ments by providing the AU with information on causing extensive casualties. Both sides pro- the location of their troops and exercising full claimed they were no longer bound by the cease- control over them. The conclusion of a compre- fire and a state of emergency was declared in hensive peace agreement would have far- Northern Darfur. In addition, on 13 and 22 No- reaching implications for the Sudan and raise vember, SPLA attacked a police station near challenges for UNAMIS. While calling on the in- Kalma camp for internally displaced persons in ternational community to sustain interest in the Southern Darfur, killing several people. The AU Sudan, the Secretary-General announced that was investigating reports of both incidents. The the United Nations was planning for the imple- Special Representative advised the Government mentation phase of a comprehensive peace to exercise maximum restraint when responding agreement and would make recommendations to to attacks, refrain from conducting hostile mili- the Security Council on the size, structure and tary flights, avoid targeting civilians in any mili- mandate of a full UN mission to succeed tary action and ensure that militias under their UNAMIS. influence did likewise. Security Council consideration. The Security The Joint Ceasefire Commission was convened Council considered the Secretary-General’s re- in N’Djamena to discuss the violence. Both par- port on 7 December [meeting 5094]. Addressing the ties blamed each other for initiating the violence, Council, Under-Secretary-General for Political but reconfirmed their commitment to the cease- Affairs, Kieran Prendergast, remarking on the fire agreement. The AU criticized the parties for worsening security situation, drew attention to their repeated failure to live up to their commit- other incidents of violence in Darfur throughout ments; requested the Government to submit plans and time lines to neutralize the armed mili- November, including attacks by the new rebel tias, including the Janjaweed; and demanded movement, the National Movement for Reform and Development (NMRD), in the Kulbus area, that SPLA and JEM submit information on the lo- and cross-border operations by elements of the cations of their forces. The AU also recom- mended the establishment of an agreed frame- Chadian army in support of NMRD. The Jebel work to deal with ceasefire violations and the Moon area in North Darfur was also tense, with the reported presence of three rebel groups, accelerated deployment of AU troops in Darfur. government forces and armed tribesmen. In- Despite the renewed violence, the Abuja peace creased activity by the Janjaweed and other pro- talks on Darfur were proceeding. The parties government militias were also reported, all of which made substantive progress towards finalizing the threatened to plunge Darfur into chaos. The in- declaration of principles and had agreed to re- ternational community, he said, should send an convene in Abuja for the next round of talks unequivocal message to all Sudanese parties that scheduled for 10 December. A draft prepared violence and hostile military actions were not an by the AU mediation team was based on the de- mands put forward by the parties, including rec- acceptable means to achieve political gains. ognition of the ethnic, cultural, religious and so- Press statements (December). In a statement cial diversity in the Sudan, a commitment to the to the press on 21 December [SC/8274-AFR/1083], unity and sovereignty of the Sudan, the need for the Security Council President said Council an equitable distribution of power and national members, following consultations held that day, wealth, and the reaffirmation of the principles of expressed concern at the serious degradation of equality, citizenship, the rule of law and the the security and humanitarian situation in protection of human rights. Darfur and at the repeated violations of the The IGAD-led north-south peace process on ceasefire. They condemned the violations and the Sudan continued in Naivasha to work towards the shooting at an AU helicopter. Reiterating a comprehensive peace agreement. Talks re- their support for the AU efforts and its mission in sumed on 26 November at the technical level to Darfur, they called for the expeditious and full find an acceptable compromise to the outstand- deployment of the African force. The Council ing issues, including funding for the army of the called on both parties, when they resumed their south during the pre-interim and interim peri- talks in January 2005 in Abuja to achieve a politi- ods. A UN team of experts was dispatched to cal agreement without delay. The Council ex- assist the parties. pressed readiness to consider a full range of op-

YUN04—6th proofs / OF July 24 2006 256 Political and security questions tions to exercise pressure on the parties to ensure gress was made in 2003 in five of the six reconcili- full compliance with its resolutions. ation committees of the process, and agreement was reached by participating Somali leaders at a Further political progress conference in September 2003 on a transitional The Secretary-General, in a 31 December federal government [YUN 2003, p. 248]. However, press statement [SG/SM/9661-AFR/1086], welcomed the TNG President and some faction leaders re- the initialling that day by the Government of the jected the document and opposed the proposed Sudan and SPLA of the last two agreements of the federal system. During the negotiations on north-south peace process: the Agreement on the reconciliation, Somaliland, in the northwest, Implementation Modalities of the Protocols and remained outside the process. Agreements, and the Agreement on the Perma- The first sign of progress in 2004 was the sign- nent Ceasefire and Security Agreements Imple- ing by Somali leaders, on 29 January, of a decla- mentation Modalities, which constituted integral ration on agreement of issues related to the tran- parts of a comprehensive peace agreement and sitional federal government. That meeting was marked the parties’ commitment to end more part of the ongoing IGAD-sponsored Somali than two decades of civil war. The Secretary- National Reconciliation Conference in Kenya, General looked forward to the official signing of which aimed to establish a viable transitional gov- the Comprehensive Peace Agreement in January ernment. In mid-2004, IGAD held a series of Min- 2005, ushering in a new era of peace in the Su- isterial Facilitation Committee meetings on the dan, in which the United Nations was prepared Conference and launched its third and final to play a significant role. phase, which led to the establishment of the Transitional Federal Government of Somalia. Eritrea-Sudan The Security Council, in July, welcomed the AU’s On 4 and 22 January, the Sudan accused decision to dispatch a reconnaissance mission Eritrea of inciting, supporting and training to prepare for deploying military monitors to groups of outlaws in the Darfur region of the Somalia. country as part of its attempts to destabilize the The Conference, meeting in Kenya and at- Sudan and the ongoing peace process [A/58/669- tended by representatives of the numerous fac- S/2004/14]. It also said that, according to news re- tions and clans of Somalia, with the notable ex- ports, an outlaw group in eastern Sudan, the Beja ception of Somaliland, agreed to form the Congress, had forged an alliance with the outlaw Transitional Federal Parliament, with members groups in the Darfur region, with support from selected by the factions at the Conference. That Eritrea [A/58/693-S/2004/66]. Eritrea, on 22 Janu- body elected the Speaker of Parliament and the ary [S/2004/63], rejected those claims as attempts Transitional President, important steps towards to isolate Eritrea and to divert Sudanese public the re-establishment of stability. The peace pro- attention from the country’s domestic problems. cess produced a power-sharing arrangement for On 10 August [S/2004/638], the Sudan again in- a transitional period of five years. The inclusive formed the Security Council of what it called peace process involved all clans and most major Eritrea’s continuing hostility towards the Sudan faction leaders. At the same time, fighting inside and its involvement in the conflict in Darfur. Somalia continued. The United Nations Political Office for Soma- lia (UNPOS), led by the Secretary-General’s Spe- Somalia cial Representative, Winston A. Tubman (Libe- In 2004, progress was made in the national rec- ria), remained involved in the peace process and onciliation process of Somalia, which was based humanitarian efforts, and continued to operate on the outcome of the 2002 Eldoret (Kenya) Con- from Nairobi. ference, held under the auspices of IGAD, and The Secretary-General, in response to a 2003 which led to the signing of the Declaration on Council request, established a Monitoring Group Cessation of Hostilities and the Structures and of four experts to investigate violations of the Principles of the Somalia National Reconcilia- arms embargo against Somalia, and to provide a tion Process (the Eldoret Declaration) [YUN 2002, draft list of the individuals continuing to violate p. 202]. That Declaration was signed in December it. The Group reported to the Council in August 2002 by five Mogadishu faction leaders and the that weapons and ammunition continued to flow Transitional National Government (TNG), estab- into, through and out of Somalia, in contraven- lished by the Arta (Djibouti) Conference in 2000 tion of the embargo; and that to fully investigate [YUN 2000, p. 215]. It set up a national reconciliation violations, it required more time than specified process, aimed at bringing the factions into in its mandate. Therefore, the Council called for agreement on a national government. Some pro- the re-establishment of the Group, for a period of

YUN04—6th proofs / OF July 24 2006 Africa 257 six months, to continue its functions and to safe access to the contested areas of the Sool and update the draft list. Sanaag regions. Intense inter-clan fighting oc- The economic and social situation in Somalia curred in the central region, forcing 9,000 people continued to suffer as a result of the chronic war- to flee to surrounding towns and preventing ade- fare and drought. At times, UN activities had to quate intervention. In southern and central So- be curtailed due to insecurity in various parts of malia, violence and armed conflict continued to the country. The General Assembly,in resolution hamper access and humanitarian programming. 59/218(see p. 913),noted the urgent need for hu- The Secretary-General commented that the manitarian and reconstruction assistance and agreement at the leaders’ consultation marked a urged the international community to respond breakthrough that could lead to further progress accordingly. In related action, the Executive at the Somali National Reconciliation Confer- Board of UNDP and the United Nations Popula- ence, which had been stalled for some time. The tion Fund, in decision 2004/35 (see p. 879), en- next and final phase of the reconciliation process dorsed UNDP’s approach in promoting security would involve the selection of members of the by reducing poverty and encouraging good gov- transitional national parliament, who would elect ernance. The Board authorized the UNDP Ad- a president to lead the country during the transi- ministrator to approve projects consistent with tional period. The Secretary-General stressed the strategic approach of promoting peace and that progress in the political arena should be ac- security on a case-by-case basis. companied by efforts by the Somali leaders to im- prove the security situation on the ground so as to National reconciliation process make it conducive to the implementation of a pol- and security situation itical agreement, thereby according credibility to Report of Secretary-General (February). The the agreement. Secretary-General, in a 12 February report on the Communications. On 30 January, the AU [S/ situation in Somalia [S/2004/115 & Corr.1], sub- 2004/88] and the EU [S/2004/112] welcomed the mitted in response to the Security Council’s re- signing of the Declaration. The AU Central Or- quest in the President’s statement S/PRST/ gan of the Mechanism for Conflict Prevention, 2001/30 [YUN 2001, p. 210], described developments Management and Resolution called on the So- since his previous report in October 2002 [YUN mali factions and leaders to continue to uphold 2003, p. 248]. the spirit of the 2002 Eldoret Declaration and to He reported that, on 29 January, at the Somali refrain from action that would jeopardize the So- Leaders’ Consultation Meeting (Nairobi), organ- mali reconciliation process at Mbagathi, Kenya, ized by IGAD under the chairmanship of the Pres- which was approaching conclusion. It called on ident of Uganda, Yoweri Museveni, and the Pres- the authorities of Puntland and Somaliland to ident of Kenya, Mwai Kibaki, participating desist from resorting to military means to resolve Somali leaders signed a document entitled “Dec- their territorial dispute in the provinces of Sool laration on the Harmonization of Various Issues and Sanaag. The statement released by the EU Proposed by the Somali Delegates at the Somali Presidency reiterated EU support to the IGAD- Consultative Meetings from 9 to 29 January sponsored national reconciliation process, to 2004”. The Declaration consisted of proposed which there was no alternative for the restoration amendments to the transitional federal charter of effective government, peace and stability in adopted on 15 September 2003 [YUN 2003, p. 248]. Somalia. The leaders decided that the charter would be called the transitional federal charter of the So- SECURITY COUNCIL ACTION (February) mali republic, and the government, the transi- On 25 February [meeting 4915], following consul- tional federal government, whose term would tations among Security Council members, the last for five years. The transitional federal parlia- President made statement S/PRST/2004/3 on ment would consist of 275 members, 12 per cent behalf of the Council: of whom would be women. A national census The Security Council, recalling its previous deci- would be undertaken during the drafting of a sions concerning the situation in Somalia, in particu- new constitution, which would be approved by an lar the statement by its President of 11 November internationally supervised national referendum. 2003 and welcoming the report of the Secretary- A controversy subsequently arose, however, over General of 12 February 2004, reaffirms its commit- the method for selecting members of parliament. ment to a comprehensive and lasting settlement of the situation in Somalia and its respect for the sover- The security situation at the beginning of 2004 eignty, territorial integrity, political independence remained serious in many Somali regions and and unity of the country, consistent with the pur- affected humanitarian aid delivery. In the north, poses and principles of the Charter of the United Somaliland and Puntland gave assurances of Nations.

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The Council reiterates its firm support for the So- sure the safety of all international and national aid mali National Reconciliation Process and the on- workers. going Somali National Reconciliation Conference in The Council reiterates its concern over the contin- Kenya, launched under the auspices of the Intergov- ued flow of weapons and ammunition supplies to So- ernmental Authority on Development. malia, welcomes the establishment of the Monitor- The Council commends President Mwai Kibaki of ing Group pursuant to resolution 1519(2003) of 16 Kenya, President Yoweri Museveni of Uganda, other December 2003, and calls upon relevant States and leaders of the Intergovernmental Authority, and in- entities to comply scrupulously with the arms em- ternational supporters of the Somali National Rec- bargo and to cooperate with the Monitoring Group. onciliation Conference for their perseverance to help The Council welcomes the readiness of the Somalis achieve national reconciliation. Secretary-General to enhance the attention of the The Council welcomes the signing in Nairobi, on United Nations to developments in Somalia within 29 January 2004, of the Declaration on the Harmoni- existing resources. The Council reiterates that a zation of Various Issues Proposed by the Somali Del- comprehensive peace-building programme with egates at the Somali Consultative Meetings, held special emphasis on disarmament, demobilization, from 9 to 29 January 2004, as an important step to- rehabilitation and reintegration will be important to wards lasting peace and reconciliation in Somalia, post-conflict Somalia as stipulated in the statement and urges all signatories to the agreement to fully by its President of 28 March 2002. abide by their commitment to move the peace pro- The Council requests the Secretary-General to cess forward. consider and to suggest in his next report ways to de- The Council calls upon the Somali parties to build velop the role of the United Nations in support of on the progress achieved and swiftly conclude the So- the Intergovernmental Authority-facilitated Somali mali National Reconciliation Conference with a du- reconciliation process. rable and inclusive solution to the conflict in Somalia The Council reiterates its readiness to assist the by establishing a viable transitional government. Somali parties and support the Intergovernmental The Council reiterates that the Somali parties Authority in the implementation of the agreements should abide by and implement expeditiously the reached in the Somali National Reconciliation Con- Eldoret Declaration of 27 October 2002 on the cessa- ference. tion of hostilities, and calls upon the Somali parties to continue working towards a comprehensive security arrangement for Somalia. Report of Secretary-General (June). On The Council stresses the urgent need for a com- 9 June [S/2004/469], the Secretary-General, re- prehensive ceasefire throughout Somalia, and porting further on the situation in Somalia, said stresses also that the Somali parties themselves bear that the controversy that arose immediately after the responsibility for achieving it. The Council calls the signing of the 29 January Declaration on out- upon the Somali parties to implement the ceasefire standing issues (see p. 257) stalled the national fully, to ensure security, and to resolve their differ- reconciliation process for four months. On 4 Feb- ences by peaceful means. ruary, some members of the Somalia Restoration The Council condemns those who obstruct the and Reconciliation Council issued a press state- peace process, and stresses that those who persist on the path of confrontation and conflict will be held ac- ment contesting the Declaration’s validity. On countable. The Council will continue to monitor the 8 February, the Transitional National Assembly situation closely. endorsed the Declaration. Following approval of The Council calls upon all neighbouring States to the draft transitional charter by the plenary of continue their endeavour to participate fully and the Somalia National Reconciliation Conference, constructively for the success of the Somali National the IGAD Facilitation Committee began prepara- Reconciliation Process and the attainment of peace tions for phase III of the Conference. A delega- in the region. tion composed of the AU Special Envoy for Soma- The Council welcomes the commitment and prep- lia, an IGAD official, and officials from Kenya, aration by the African Union to deploy a military ob- Sweden and the United Kingdom met with the server mission to Somalia and calls upon the interna- tional community to support the African Union’s newly created National Organizing Council for efforts to improve the security situation in Somalia. Somalia members in Jowhar on 17March, to per- The Council calls upon the international com- suade them to return to the Conference. The Or- munity to continue its efforts to support the Inter- ganizing Council demanded that no further governmental Authority in its facilitation of the So- amendments be made to the charter, that the pol- mali National Reconciliation Conference, and calls itical leaders to select members of parliament be upon the donor countries to contribute to the Con- limited to the 24 signatories of the Eldoret Decla- ference, the Trust Fund for Peace-building in Soma- ration and President Hassan, and that the latter lia and the United Nations Consolidated Inter- Agency Appeal for Somalia. no longer act as President. Should IGAD fail to The Council expresses serious concern regarding meet those demands, the Organizing Council the humanitarian situation in Somalia, and calls would press to convene phase III of the Confer- upon the leaders of Somalia to facilitate the delivery ence within Somalia. Other Somali Restoration of much-needed humanitarian assistance and to as- and Reconciliation Council leaders met in Nai-

YUN04—6th proofs / OF July 24 2006 Africa 259 robi on 25 March and decided to remain engaged short-term interventions, including water truck- in the Conference, while others left for various ing, food aid and supplementary feeding, mobile reasons. health clinics, veterinary services and cash On 22 April, the Kenyan Foreign Minister an- grants. During the reporting period, UNHCR re- nounced a road map with fixed dates for the com- patriated 2,918 Somali refugees from camps in pletion of the Conference, and requiring all pol- Djibouti to Somaliland and implemented reinte- itical leaders absent from Nairobi to return and gration projects in Somalia to generate employ- the traditional leaders to arrive at the Conference ment, provide education and assist the special venue within a stated time frame. The process needs of girls. would culminate in the swearing in of a president In his observations, the Secretary-General ex- for the transitional federal government of Soma- pressed hope that the two recent IGAD Ministerial lia on 1 July. The fifth IGAD Ministerial Facilita- Facilitation Committee meetings would help the tion Committee meeting was fixed for 6 May, Somali National Reconciliation Conference to when the Ministers were expected to launch conclude with an accepted outcome. The end-of- phase III of the Conference. July time frame given by IGAD, by which to con- The Facilitation Committee met as scheduled clude the Conference, placed enormous pressure in Nairobi, with all IGAD Foreign Ministers in at- on the Somali parties and the region. It was in- tendance. In a joint communiqué, the Ministers cumbent on them to demonstrate the necessary appealed to Somali leaders to return to the Con- political will to reach agreement on the remain- ference by 20 May and for the Conference to con- ing contentious issues. While the responsibility clude successfully by the end of July. They agreed for peace in Somalia rested with all Somalis, it to hold their next meeting in Nairobi on 20 May; was at the same time incumbent on the interna- the Jowhar group indicated its intention to rejoin tional community to find a way to engage the the Conference by that date. country. He urged IGAD, the AU, the League of Following the sixth IGAD Ministerial Facilita- Arab States (LAS), the EU and the Security Coun- tion Committee meeting (Nairobi, 21-22 May), cil to consider additional measures in support of the Ministers stated that they had consulted all peace and national reconciliation in Somalia, and Somali clans for the completion of the third and suggested that the Arms Embargo Monitoring final phase of the Conference. They called for Group could provide an impetus in that regard the early arrival of traditional leaders at the Con- (see p. 263). ference site and for the cooperation of Somali Communication. The EU, in a 28 May state- political leaders in selecting the members of the ment issued by its Presidency [S/2004/446], wel- transitional federal parliament. They warned comed the outcome of the sixth IGAD ministerial that absent leaders would not be allowed to hold meeting, which officially launched phase III of the process hostage, and that punitive measures the Somali National Reconciliation Conference, would be taken against those obstructing the and the commitment of IGAD member States completion of the reconciliation process. to adopt a common approach based on political The security situation on the ground re- consensus. It appealed to all parties to continue mained of concern, with an increase in threats their engagement with the reaffirmation of the and attacks on international and national aid importance of Somali ownership and consensus workers. The security situation was particularly by all Somali clans on the principles and guide- serious in Mogadishu, western Somaliland, lines for the third and final phase; and agree- Kismaayo town, and parts of the western border ment on a timetable for the remainder of the area with Kenya. In Somaliland, the United Conference and on a list of parliament members Nations was forced to reduce its international by the next IGAD meeting on 21 June. staff and non-governmental organizations (NGOs) had curtailed activities there since mid- SECURITY COUNCIL ACTION (July) March. As a result of an April UN /NGO security On 14 July [meeting 5003], following consulta- mission to the area, additional international tions among Security Council members, the Pres- support was provided to the Special Protection ident made statement S/PRST/2004/24 on be- Unit dedicated to protecting aid workers. half of the members: Strengthened security measures were also being put in place throughout Somalia. The Security Council, recalling its previous deci- The humanitarian situation was also grave, fol- sions concerning the situation in Somalia, in particu- lar the statement by its President of 25 February lowing four consecutive years of drought in 2004, and welcoming the report of the Secretary- northern Somalia, causing massive livestock General of 9 June 2004, reaffirms its commitment to deaths and further impoverishing pastoralist a comprehensive and lasting settlement of the situa- families. UN agencies and NGOs responded with tion in Somalia and its respect for the sovereignty,

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territorial integrity, political independence and countries and organizations to contribute to the Con- unity of the country, consistent with the purposes ference, the Trust Fund for Peace-building in and principles of the Charter of the United Nations. Somalia and the United Nations Consolidated Inter- The Council reiterates its firm support for the So- Agency Appeal for Somalia. mali National Reconciliation Process and the on- The Council reiterates serious concern regarding going Somali National Reconciliation Conference in the humanitarian situation in Somalia, and calls Kenya, launched under the auspices of the Intergov- upon Somali leaders to facilitate the delivery of ernmental Authority on Development, and com- much-needed humanitarian assistance and to assure mends the Intergovernmental Authority leaders, the safety of all international and national aid work- in particular the Government of Kenya, for their ers. efforts in the search for peace in Somalia. The Coun- The Council reiterates its concern over the contin- cil also commends the international observers for ued flow of weapons and ammunition supplies to So- their active engagement in the process. malia, commends the work of the Monitoring Group The Council welcomes the outcome of the fifth, established pursuant to resolution 1519(2003) of 16 sixth, and seventh Intergovernmental Authority on December 2003, and urges relevant States and enti- Development Ministerial Facilitation Committee ties to comply scrupulously with the arms embargo meetings on the Somali National Reconciliation and to cooperate with the Monitoring Group. Conference, which demonstrated the coherent re- The Council commends the work of Mr. Winston gional approach and commitment of States mem- A. Tubman, the Representative of the Secretary- bers of the Intergovernmental Authority to national General, welcomes his visit to the region in support reconciliation in Somalia. of the Intergovernmental Authority on Development- The Council welcomes the launching of phase III sponsored Somali peace process, and encourages of the Somali National Reconciliation Conference, him to continue his facilitation efforts. and encourages all parties to continue in their on- going efforts to move the process forward and agree The Council welcomes the Secretary-General’s on a durable and inclusive solution to the conflict in meeting with the Somali parties on 8 July 2004 in Somalia and the establishment of a transitional fed- Mbagathi, Kenya, and requests the Secretary- eral Government for Somalia. General to keep the Council regularly informed of developments at the Somali National Reconciliation The Council recognizes that, while the establish- Conference and to make timely recommendations ment of a transitional federal Government will be an on what additional measures could be taken by the important step towards establishing sustainable Council in support of the Conference and its out- peace and stability in Somalia, much effort will lie come. ahead if this objective is to be achieved. The Council emphasizes the need for the new Government, once formed, to engage with the international community Establishment of Transitional Federal Parliament and to use the transition period constructively for the At the end of June, the controversies regarding purposes of reconciliation, stability and reconstruc- tion. the method of selecting members of the transi- The Council reiterates that the Somali parties tional federal parliament led Somali leaders should abide by and implement expeditiously the to absent themselves from the Somali National Eldoret Declaration of 27 October 2002 on the cessa- Reconciliation Conference (Mbagathi), the tion of hostilities, and calls upon the Somali parties Secretary-General stated in his 8 October report to continue working towards a comprehensive on Somalia [S/2004/804]. However, concerted security arrangement for Somalia. efforts by IGAD member States led to their grad- The Council reiterates that the Somali parties ual return in July. Each Somali clan (Hawiye, themselves bear the main responsibility for achiev- ing a comprehensive ceasefire throughout Somalia. Darod, Digil and Mirifle, Dir and the “Allied” The Council calls upon the Somali parties to imple- clans) was requested to propose names for mem- ment the ceasefire fully, to ensure security, and to re- bers of the Somali National Arbitration Commit- solve their differences by peaceful means. tee and the collective leadership of the Confer- The Council condemns those who obstruct the ence (the Presidium), and a list of 61 members of peace process, fully supports, in this regard, the parliament by 5 July, with the exception of the warning of the Intergovernmental Authority minis- “Allied” clans, which were asked to submit a list ters, and reiterates that those who persist upon the path of confrontation and conflict will be held ac- of 31 members. On 8 July, the Secretary-General, countable. The Council will continue to monitor the addressing the Somali delegates at the Confer- situation closely. ence, reiterated the UN commitment to support The Council welcomes the decision by the African the Conference’s outcome. Union to dispatch a reconnaissance mission to pre- Negotiations on the number of seats to be allot- pare the ground for the deployment of military mon- ted to each of the sub-clans proved challenging, itors to Somalia, and calls upon Somali leaders to co- but the problem was resolved during six IGAD operate with this initiative. The Council calls upon the international com- ministerial meetings held in Nairobi over five munity to continue to support the Intergovernmen- months and the willingness of Somali leaders to tal Authority in its facilitation of the Somali National compromise. At the tenth IGAD Ministerial Facili- Reconciliation Conference, and calls upon donor tation Committee meeting (Nairobi, 21-22 Au-

YUN04—6th proofs / OF July 24 2006 Africa 261 gust), the Ministers focused on facilitating the se- enter into dialogue with the “government of lection of Somali members of parliament. Somaliland”. On 22 August, 194 members of the Transi- The Secretary-General, in his observations, tional Federal Parliament of Somalia were sworn welcomed the planning under way in Nairobi, in- into office. Differences within the Harti sub-clan volving the United Nations Political Office for (Darod) over their choice were resolved after the Somalia (UNPOS), the UN country team, the So- intervention of the Kenyan President, Mwai malia Aid Coordination Body, the European Kibaki, and international observers. On 29 Au- Commission, LAS and others, to arrive at a peace- gust, an additional 66 members were sworn in in building framework leading to the formulation the presence of the Kenyan Vice-President, who of a rapid assistance package for the Somali declared the Parliament formally inaugurated. transitional federal government. By mid-September, 268 of a total membership of He pointed to the likelihood, at the current 275 had been sworn in. stage of the Somali peace process, of a call for an expanded UN peace-building role. He proposed The Transitional Federal Parliament held its that any enhanced UN role in Somalia be incre- first meeting in Nairobi on 2 September, at which mental and based on discussions with the new five of its remaining seven members were sworn government. In the meantime, he also proposed in. On 15September, Sharif Hassan Sheikh Aden that resources for UNPOS for 2004-2005 be main- was elected Speaker of Parliament. Despite the tained at the current level. He appealed to the So- efforts of international observers, only 23 women mali leaders to improve security on the ground, members were sworn in, well short of the agreed and to the international community to support 33, or 12 per cent of the total membership, as stip- the peace process. ulated by the transitional federal charter. To Communications. The AU and the EU issued raise the level of inclusiveness at the Conference, statements welcoming the establishment of the and to gain support for its outcome, a dialogue Transitional Federal Parliament. In a 17Septem- with the Somali business community was held ber communiqué [S/2004/755], the AU Peace and (Djibouti, 21-22 July) with the participation of Security Council (Addis Ababa) commended the regional ministers and UN senior staff. efforts of the IGAD Facilitation Committee. It en- The absence of General Mohamed Hersi couraged the members of Parliament to work for “Morgan” from the Conference and reports that the early election of a president and formation of he was planning a military attack on Kismaayo a transitional federal government. In a 4 August caused concern among the civilian population of statement of its Presidency [S/2004/640], the EU the region. He had been reported to be gathering appealed to all parties to continue their engage- his militia with the intention of attacking the ment with the aim of establishing an inclusive Juba Valley Alliance (JVA), which had ousted him government committed to an effective ceasefire, from Kismaayo in 1999. The JVA leader, Colonel to the creation of a stable national environment, Barre Hirale, a member of the transitional fed- to working for humanitarian access across Soma- eral parliament, left the Conference and re- lia, to a federal Somalia and to cooperating with turned to Kismaayo. On 27 July, the Conference the international community. Chairman, Bethuel Kiplagat (Kenya), issued a press release on behalf of the IGAD Facilitation Election of President Committee, calling on regional countries to ap- The members of the Transitional Federal Par- ply sanctions against General “Morgan” by, liament elected on 10 October Colonel Abdullahi among other things, denying him entry to IGAD Yusuf Ahmed as President of Somalia, after member States. General “Morgan” announced three rounds of voting [S/2005/89]. In the final his intention to return to the Conference, on the round, Colonel Yusuf obtained 189 votes and the condition, he said on 14 September, that JVA not runner-up, Abdullahi Ahmed Addow, obtained attack his militia. 79 votes. Mr. Addow pledged to cooperate with The question of Somaliland remained to be re- the President. Prior to the vote, all 26 presidential solved. “President” Dahir Riyale Kahin of the candidates signed a declaration to support the “Republic of Somaliland” issued a press release elected President and to demobilize their on 7 July, warning that any attempt to resurrect militias. the former Somali Union would trigger a new cy- In a 14 October statement issued by its Presi- cle of civil war that would engulf the entire Horn dency [S/2004/865], the EU welcomed the election, of Africa. He expressed satisfaction with interna- which it believed would pave the way for the es- tional community pronouncements that the cur- tablishment of a transitional federal government, rent Conference would be followed by the forma- and pledged to support the transition to a federal tion of a government for Somalia that would then State.

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SECURITY COUNCIL ACTION (October) package as well as emergency rehabilitation and eco- On 26 October [meeting 5064], following consul- nomic development programmes as security returns tations among Security Council members, the to Somalia. President made statement S/PRST/2004/38 on The Council shares the Secretary-General’s assess- behalf of the Council: ment that “at this stage of progress in the Somali peace process, there will likely be a call for an expanded The Security Council reaffirms its previous reso- peacebuilding role and presence for the United lutions and the statements by its President concern- Nations, in order that it may assist the Somali parties ing the situation in Somalia, in particular resolution in implementing their agreement. At the same time, it 1558(2004) of 17 August 2004 and the statement by is clear that any enhanced role for the Organization in its President of 14 July 2004. Somalia must be incremental, and should be based on The Council reiterates its commitment to a com- the outcome of discussions with the new govern- prehensive and lasting settlement of the situation in ment.” The Council looks forward to the recommen- Somalia and its respect for the sovereignty, territo- dations of the Secretary-General in this regard. rial integrity, political independence and unity of The Council urges the Somali leaders to create a Somalia, consistent with the purposes and principles favourable environment for the future Transitional of the Charter of the United Nations. Federal Government by making determined efforts The Council commends the recent progress made at to bring about improvements in the security situa- the Somali National Reconciliation Conference in Nai- tion on the ground and reiterates that those who per- robi, including the establishment of the Transitional sist on the path of confrontation and conflict will be Federal Parliament of Somalia and the subsequent held accountable. The Council will continue to mon- election of the Speaker of Parliament and the transi- itor the situation closely. tional President, which are important steps towards the re-establishment of peace and stability in Somalia. The Council, underscoring the importance of con- Formation of Transitional Federal Government solidating the gains made so far, looks forward to the As later reported by the Secretary-General formation, in the near future, of a Transitional Fed- [S/2005/89], the Transitional Federal Government eral Government inside Somalia, capable of begin- of Somalia had been formed by the end of the ning reconciliation and reconstruction in a spirit of year, with the completion of: the appointment by consensus and dialogue with all the Somali parties. The Council, in this regard, encourages the Tran- the President, on 3 November, of Ali Moham- sitional Federal Parliament and the President to take med Gedi, a member of the Hawiye clan predom- further steps to select a Prime Minister and an effi- inant in Mogadishu, as Prime Minister, which cient and effective Cabinet, and to develop a prelimi- was endorsed by Parliament on 23 December; nary programme of action and timetable for the and the appointment by the Prime Minister, early transitional period. The Council urges the transi- in December, of 73 Ministers, Assistant Ministers tional federal institutions to involve women fully in and Ministers of State, which some in Parliament post conflict reconciliation and reconstruction. The Council also notes the ongoing discussion to outline criticized as not in line with the “4.5 formula” for possible coordination mechanisms between the clan representation followed during the National Transitional Federal Government and the interna- Reconciliation Conference. tional community. Earlier, a donors meeting (Stockholm, Swe- The Council commends member States of the In- den, 29 October) discussed options for a coordi- tergovernmental Authority on Development, in par- nation structure to oversee and guide assistance ticular the Government of Kenya, as well as other to Somalia and requested the United Nations to countries and organizations for constructively sup- porting the Somali National Reconciliation Process take the lead role at the political and planning for the past two years, and encourages them to con- levels. They formed a Coordination and Moni- tinue their efforts in support of the cause of peace in toring Committee co-chaired by the United Somalia. Nations and the Transitional Federal Govern- The Council welcomes and expresses its support ment, which held its first meeting on 11 Novem- for the commitment of the African Union to assist the ber. A UN inter-agency fact-finding mission vis- transitional process in Somalia, in particular through ited Ethiopia and Kenya from 13 to 17December planning for a peace support mission to Somalia, in- cluding options for disarmament, demobilization and to assess the progress made in the Somali peace reintegration, and encourages the international do- process. The mission, which held talks with the nor community to contribute to these efforts. President, the Speaker of Parliament, represen- The Council further welcomes the efforts of the tatives of IGAD countries and donors, among oth- United Nations Political Office for Somalia, the ers, stressed the need to provide support for the United Nations country team, the Somalia Aid Coor- outcome of the peace process. dination Body, the European Union, the Intergov- On 25 October, President Yusuf urged the AU ernmental Authority on Development Partners Fo- rum, the League of Arab States and others engaged Peace and Security Council to support his Gov- in developing a peacebuilding framework leading to ernment through the provision of 15,000 to the formation of a rapid assistance package and calls 20,000 peacekeeping troops in order to restore upon the international community to support this security in Somalia. He based those figures on

YUN04—6th proofs / OF July 24 2006 Africa 263 the existence of an estimated 55,000 armed mili- The Council reiterates its commitment to a com- tiamen, 500 “technicals” and 2 million small prehensive and lasting settlement of the situation in arms in the country. In response, the AU organ- Somalia and its respect for the sovereignty, territo- rial integrity, political independence and unity of ized a planning seminar (Addis Ababa, 4-5 No- Somalia, consistent with the purposes and principles vember) for the stabilization of Somalia through of the Charter of the United Nations. the transitional period. The Council welcomes the progress made in the An IGAD special summit on Somalia (Nairobi, Somali National Reconciliation Process, in particu- 14 October) recognized the Government of Pres- lar the establishment of the Transitional Federal ident Yusuf and agreed to hold talks with the AU, Parliament, the election of the Speaker of Parlia- ment and the President and the appointment of the the United Nations, LAS, EU and the United Prime Minister, which provides a sound and solid States to make a case for a peace enforcement framework to achieve a comprehensive and lasting force in Somalia. On 17 November, the IGAD solution to the Somalia situation. The Council reit- Council of Ministers agreed to establish an IGAD erates its expectation of the establishment of a monitoring and follow-up team to continue to broad-based, all-inclusive and effective government support the Somali peace process to succeed its inside Somalia that will continue the reconciliation Facilitation Committee. efforts with all Somali parties. The Council stresses that it is the responsibility of Meanwhile in Somalia, the Somaliland Cabi- all Somali parties to work together to consolidate the net issued a statement on 11 October reiterating gains made so far and to achieve further progress. the “sovereignty and territorial integrity” of The Council calls upon them to seize this historic op- “Somaliland” as non-negotiable and requesting portunity for peace in Somalia by developing a pro- the international community’s help to prevent gramme of action and timetable for the transitional conflict between Somalia and “Somaliland”. In- period, creating a favourable environment for long- termittent fighting continued throughout Soma- term stability and making determined efforts to re- lia, and the prevailing insecurity and violence build the country. The Council commends member States of the In- prevented the United Nations from implement- tergovernmental Authority on Development, in par- ing programmes in large areas of the country. Re- ticular the Government of Kenya, as well as other ports indicated large-scale violations of the arms countries and organizations for all their constructive embargo. Above-normal rainfall in most of So- efforts to facilitate the Somali National Reconcilia- malia during late 2004 brought a four-year tion Process. drought to an end, providing relief to the coun- The Council reaffirms its support for the commit- try’s largely pastoral economy. However, the hu- ment of the African Union to assist the transitional process in Somalia, in particular the planning for a manitarian emergency continued in drought- mission in Somalia, including options for disarma- affected regions in the north and in other parts. ment, demobilization and reintegration. Security Council consideration. President The Council encourages and urges donor coun- Ahmed, addressing the Security Council on 19 tries and regional and subregional organizations to November [meeting 5083] during its session in Nai- provide support to the efforts of the future Somali robi, said that the Government was working on government and institutions to ensure their ability the two main objectives of consolidating reconcil- to function inside Somalia, and to assist in the recon- struction of Somalia. The Council encourages a dia- iation talks with the armed groups and realizing a logue between the international donor community tangible peace-building plan. He requested the and the future Transitional Federal Government on Council to phase in a peace-building mission, in- the principles and modalities of international coor- cluding the deployment of a stabilization force in dination under discussion, including at the meeting Somalia. Noting that the Government would not held in Stockholm on 29 October 2004, and wel- generate revenue for some time, he drew atten- comes the United Nations lead facilitating role in tion to the urgent need for financial resources for that dialogue and in the subsequent coordination ar- rangements. it to function and requested the Council to take The Council reaffirms its full support for the measures to provide financial and diplomatic peace process in Somalia and the commitment of support. the United Nations to assist the regional and sub- regional efforts in this regard. SECURITY COUNCIL ACTION (November) The Council expresses its determination to con- On 19 November [meeting 5083], following con- tinue to monitor the situation closely. sultations among Security Council members, the President made statement S/PRST/2004/43 on Arms embargo behalf of the Council: Monitoring Group. In response to Security The Security Council reaffirms all its previous Council resolution 1519(2003) [YUN 2003, p. 254], resolutions and the statements by its President con- the Secretary-General established a Monitoring cerning the situation in Somalia, in particular the Group charged with, among other tasks, investi- statement by its President of 26 October 2004. gating violations of the arms embargo covering

YUN04—6th proofs / OF July 24 2006 264 Political and security questions access to Somalia by land, air and sea. On 22 Jan- mandate did not offer enough opportunity to in- uary [S/2004/73], the Secretary-General informed vestigate fully some of the alleged violations, thus the Council of his appointment of four experts to making it difficult to come up with clear-cut and the Group. definitive cases of violation. Continuity of the The Monitoring Group’s report was trans- Group was imperative at the current critical stage mitted on 11 August [S/2004/604] by the Security of the Somali National Reconciliation Confer- Council Committee established pursuant to reso- ence (see p. 260), to enable it to act as a deterrent lution 751(1992) [YUN 1992, p. 202] concerning So- to potential violators and to ensure that opposi- malia. The investigations revealed that arms con- tion groups did not destabilize any new transi- tinued to flow into, within and out of Somalia tional government that might emerge from the and were circulating inside the country. The pat- Conference. tern of the arms traffic and the resulting viola- tions seemed to have changed, as arms traders SECURITY COUNCIL ACTION (August) and other businessmen were replacing warlords On 17August [meeting 5022], the Security Coun- as the main importers of arms. Arms continued cil unanimously adopted resolution 1558(2004). to be sold openly in local arms markets, in partic- The draft [S/2004/648] was prepared in consulta- ular at the Bakaaraha arms markets in tions among Council members. Mogadishu, the main source for arms in Somalia. The level of arms shipments to specific warlords The Security Council, Reaffirming its previous resolutions and the state- from external sources had not changed, particu- ments by its President concerning the situation in So- larly arms obtained by special order, such as malia, in particular resolution 733(1992) of 23 January heavy weapons and ammunition. Arms flow out 1992, which established an embargo on all deliveries of of Somalia was light but occurred daily, in partic- weapons and military equipment to Somalia (hereinaf- ular to Kenya. Somali warlords, some of whom ter referred to as “the arms embargo”), and resolution were involved in drug trafficking, were all 1519(2003) of 16 December 2003, violating the arms embargo. Reiterating its firm support for the Somali National Reconciliation Process and the ongoing Somali Na- The transportation of arms by air had de- tional Reconciliation Conference under the sponsor- creased, the preferred means of transport being ship of the Intergovernmental Authority on Develop- by land and sea. There was evidence that arms ment, and reaffirming the importance of the smuggled from one neighbouring Gulf State sovereignty, territorial integrity, political indepen- were transported to a port in another neighbour- dence and unity of Somalia, ing State and thence to Somalia by road or by sea. Condemning the continued flow of weapons and am- The arms were delivered from external sources munition supplies to and through Somalia, in contra- to the north and south of Somalia to several vention of the arms embargo, and expressing its deter- places along the Somali coastline, often by dhows mination that violators should be held accountable, and in some cases large vessels, and distributed Reiterating the importance of enhancing the moni- toring of the arms embargo in Somalia through per- by road. Sources indicated that some Somali war- sistent and vigilant investigation into the violations, lords were not keen on seeing a government in bearing in mind that the Somali National Reconcilia- place because it would undermine their business tion Process and the implementation of the arms em- operations. Money obtained from arms and drug bargo serve as mutually reinforcing processes, trafficking and other illegal activities was used to Determining that the situation in Somalia constitutes buy goods that were then smuggled into neigh- a threat to international peace and security in the re- bouring countries. The Customs and border con- gion, trol of the neighbouring States were ineffective in Acting under Chapter VII of the Charter of the enforcing the arms embargo due to a lack of ca- United Nations, pability and corruption. 1. Stresses the obligation of all States to comply fully with the measures imposed by resolution 733(1992); The Monitoring Group considered premature 2. Takes note of the report of the Monitoring Group the preparation of a draft list of those who contin- of 11 August 2004 submitted pursuant to paragraph 6 ued to violate the arms embargo inside and out- of resolution 1519(2003), and the observations and rec- side Somalia, together with their supports for ommendations contained therein, and expresses its in- possible Council action, as requested in resolu- tention to give them due consideration in order to im- tion 1519(2003). It recommended that the draft prove compliance with the measures imposed by list be called a watch list, remain confidential and resolution 733(1992); include individuals to be investigated further to 3. Requests the Secretary-General, in consultation with the Security Council Committee established pur- establish whether they continued to violate the suant to resolution 751(1992) concerning Somalia arms embargo. Continued monitoring of the (hereinafter referred to as “the Committee”), to re- arms embargo was necessary to ensure its effec- establish, within thirty days of the date of adoption of tiveness, but the limited duration of the Group’s the present resolution, and for a period of six months,

YUN04—6th proofs / OF July 24 2006 Africa 265 the Monitoring Group as referred to in paragraph 2 of Agreements), which regulated their border dis- resolution 1519(2003), with the following mandate: pute that had led to armed conflict in 1998 and (a) To continue the tasks outlined in para- intermittent fighting since then. The United graphs 2 (a) to (d) of resolution 1519(2003); Nations Mission in Ethiopia and Eritrea (UNMEE), (b) To continue refining and updating information on the draft list of those who continue to violate the established in 2000, continued to monitor the arms embargo inside and outside Somalia, and their border region inside and near the Temporary active supporters, for possible future measures by the Security Zone and to support the work of the Council, and to present such information to the Com- Boundary Commission, set up by the Agree- mittee as and when the Committee deems appropriate; ments to determine the border. In 2002, the (c) To continue making recommendations based on Commission completed the delimitation of the its investigations, on the previous reports of the Panel border and began the demarcation process, of Experts appointed pursuant to resolutions 1425 which was stalled by the end of 2003 when Ethio- (2002) of 22 July 2002 and 1474(2003) of 8 April 2003, and on the first report of the Monitoring Group; pia rejected significant parts of the Commis- (d) To work closely with the Committee on specific sion’s decision, which it had previously accepted recommendations for additional measures to improve as final and binding. At the beginning of 2004, overall compliance with the arms embargo; both sides continued to restrict the freedom of (e) To provide to the Council, through the Commit- movement of UNMEE in areas inside and adjacent tee, a midterm report and a final report covering all to the Temporary Security Zone and both the tasks set out above; banned direct flights by UN aircraft between the 4. Also requests the Secretary-General to make the Ethiopian capital of Addis Ababa and the necessary financial arrangements to support the work of the Monitoring Group; Eritrean capital of Asmara. 5. Reaffirms the need for implementation of the ac- Although no major incidents between the two tions set out in paragraphs 4, 5, 7, 8 and 10 of resolu- countries occurred in early 2004, the lack of pro- tion 1519(2003); gress in the political situation, in particular the 6. Expects the Committee, in accordance with its demarcation of the border, threatened the stabil- mandate, to recommend to the Council appropriate ity of the subregion. The Secretary-General, measures in response to violations of the arms em- seeking to rekindle the political process, ap- bargo, by considering and developing, in close consul- pointed a Special Envoy to explore with both tation with the Monitoring Group, specific proposals to improve compliance with the arms embargo; Governments ways of overcoming the impasse. 7. Decides to remain actively seized of the matter. Eritrea, however, refused to receive him on the grounds that it would not entertain any new pro- In response to resolution 1558(2004) (above) cess before the implementation of the Commis- recommending the re-establishment of the Mon- sion’s decision. itoring Group, the Secretary-General, on 23 Au- The Security Council, in September, extended gust [S/2004/676], appointed four experts as mem- the UNMEE mandate and approved reductions in bers of the Group. its size and operations, as proposed by the Security Council Committee. On 29 Decem- Secretary-General, and took note of some posi- ber, the Chairman of the Security Council Com- tive developments in relations between UNMEE mittee established pursuant to resolution and both countries. 751(1992) [YUN 1992, p. 202] concerning the arms Ethiopia, on 25 November, proposed a five- embargo on Somalia submitted a report covering point peace plan for resolving the bilateral dis- its activities in 2004 [S/2004/1017]. The Committee pute through peaceful means, which included held 3 formal and 10 informal meetings during working towards normalization of relations and the year. It discussed the work of the Monitoring opening dialogue on implementing the Bound- Group and the replies received from 19 Member ary Commission’s decision on delimitation. States to its request for information on violations Eritrea was dismissive of the proposal, stating of the arms embargo. As in the past, the Commit- that Ethiopia needed to express unconditional tee relied on the cooperation of States and organ- support of the Commission and its decision, izations in a position to provide such withdraw from Eritrean territory and cooperate information. on demarcation of the border. In December, there was a steady increase of Ethiopian armed forces near the security zone. Eritrea-Ethiopia The United Nations maintained its presence Implementation of Algiers Agreements in Eritrea and Ethiopia, as it continued to moni- Security Council consideration. On 7 January, tor implementation of the 2000 Algiers ceasefire at an informal meeting of the Security Council to and peace agreements between the two countries consider the Secretary-General’s December 2003 [YUN 2000, p. 180] (known collectively as the Algiers report on the situation in Ethiopia and Eritrea

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[YUN 2003, p. 238], Assistant Secretary-General in Envoy. Eritrea had decided not to entertain any the Department of Peacekeeping Operations, new process, political or otherwise, before the Hédi Annabi, briefed the Council on recent de- full and expeditious implementation of the 2002 velopments. decision of the Boundary Commission [YUN 2002, In a press statement issued on that date p. 187] demarcating the border. In the letters, the [SC/7972-AFR/807], the Council President said that President reiterated Eritrea’s position that the in- the Council members expressed concern about troduction of another process would serve no use- the lack of progress in the demarcation process. ful purpose. Eritrea blamed Ethiopia for the They reaffirmed the final and binding nature of stalemate in the implementation process caused the Eritrea-Ethiopia Boundary Commission’s by its rejection of the Commission’s decision. decision and underlined the importance of its ex- Report of Secretary-General (March). In his peditious implementation within the framework 5 March [S/2004/180] progress report on Ethiopia of the Agreements. They also expressed disap- and Eritrea, the Secretary-General updated de- pointment about Ethiopia’s rejection of parts of velopments and described UNMEE activities since the decision and its refusal to fully cooperate his December 2003 report [YUN 2003, p. 238].An- with the Commission. The Council members, nexed to the report was the twelfth report of the while acknowledging the cooperative attitude of Eritrea-Ethiopia Boundary Commission, cover- the Eritrean Government, appealed to both par- ing the period from 1 December 2003 to 26 Feb- ties to initiate demarcation expeditiously. They ruary 2004, which had been unable to advance its supported the additional measures being consid- demarcation activities. ered by the Secretary-General to move demarca- The Secretary-General’s Special Envoy visited tion and the peace process forward and urged the region in late February, consulting with the both countries to respond positively to his propo- Ethiopian leadership and AU officials in Addis sals. Ababa; he did not visit Asmara because of The Council members also expressed concern Eritrea’s opposition to his mission. at the recent sharp increase in the restriction of The general situation in the Temporary UNMEE’s movement by Eritrea and the persisting Security Zone and the adjacent areas remained administrative difficulties imposed by both par- relatively stable but fragile during the reporting ties. They urged both to provide full support period. In the absence of progress in the demar- to UNMEE, facilitate unrestricted movement of cation of the border, UNMEE continued to patrol its personnel and establish a route for UNMEE the Zone, monitor the redeployed positions of flights between the two capitals. Noting recent in- the parties’ armed forces in the adjacent areas, flammatory rhetoric by both sides, Council and observe the activities of the Eritrean militia members called on them to engage in a broad pol- and police in and around the Zone. UNMEE ob- itical dialogue with a view to improving their served an increase in training activities, in partic- relations and defusing tensions. ular by the Ethiopian Armed Forces, which con- Appointment. The Secretary-General, on 29 ducted such exercise near the southern boundary January [S/2004/102], appointed Lloyd Axworthy of the Zone. Incursions by Ethiopian herdsmen (Canada) as his Special Envoy for Ethiopia and and their livestock into the Zone decreased mar- Eritrea to explore with them ways to overcome ginally,and incidents of Ethiopian militia accom- the current impasse in the implementation of the panying them had all but ceased. Meanwhile, al- Algiers Agreements. He underscored that the of- legations by both parties of cattle rustling and fer of good offices did not represent a new initia- attacks on UNMEE property and/or personnel in- tive or alternative mechanism but would focus on creased. On 2 February, Ethiopia severely re- the implementation of the Agreements, the stricted UNMEE’s freedom of movement by clos- Boundary Commission’s decision and relevant ing almost all roads leading into the country for Security Council resolutions and decisions. On 48 hours. On the Eritrean side, UNMEE move- 9 February [S/2004/103], the Council welcomed ments were also restricted in areas adjacent to, the appointment and expressed support for the and sometimes within, the Zone. UNMEE staff Secretary-General’s mission of good offices. continued to experience difficulties at the air- Communications. On 13 February [S/2004/116], ports in Addis Ababa and Asmara, and direct Eritrea forwarded to the Council three letters flights between the two capitals were still not per- from its President, Isaias Afwerki, to the mitted by both countries. The Military Coordi- Secretary-General concerning the peace process. nation Commission, chaired by UNMEE, met on The communications expressed Eritrea’s posi- 2 February and endorsed a framework for the tion on the matter of the Secretary-General’s Spe- conduct of sector-level military coordination cial Envoy, stating that Eritrea sensed an imposi- commissions, the first of which was convened on tion on it to accept the new mission of the Special the Mereb River Bridge on 3 March. The

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Secretary-General appealed to Eritrea to sign the parties as final and binding in accordance with the Al- status-of-forces agreement with the United giers Agreements, Nations without delay. Noting with concern the continuing impasse in the peace process, due mainly to the lack of progress in the UN agencies continued to assist in addressing demarcation of the border, medium- to long-term food insecurity in an at- Taking note with concern of the twelfth report on the tempt to break the cycle of persistent emergency work of the Eritrea-Ethiopia Boundary Commission, and need for humanitarian response in both of 27 February 2004, in particular its conclusion that countries. The full caseload of those requiring under the present circumstances the Commission is aid was estimated to be some 7.2 million people. unable to progress with demarcation activities, UNMEE completed 88 quick-impact projects in Expressing its concern about Ethiopia’s rejection of significant parts of the decision of the Boundary Com- the Temporary Security Zone and adjacent areas. mission and its current lack of cooperation with the However, the Trust Fund to Support the Peace Commission, Process in Ethiopia and Eritrea was almost Expressing disappointment about Eritrea’s refusal at depleted. present to engage with the Special Envoy of the The Secretary-General said that the appoint- Secretary-General for Ethiopia and Eritrea, ment of his Special Envoy was intended to pro- Emphasizing that cooperation with the Special Envoy vide an opportunity for both parties to present offers both parties a concrete opportunity to move the peace process forward, their positions and ideas on how to move the pro- Recognizing the increasing demand for United cess forward. He reiterated his appeal to them, Nations peacekeeping and resources from the interna- especially to Eritrea, to give his Special Envoy the tional community for peacekeeping and peace- opportunity to meet and discuss with their lead- building purposes, and recalling the additional opera- ership how best his mission of good offices could tional costs due to the delays in the demarcation pro- help them overcome the impasse. cess, Expressing its support for the Special Representative The continuing stalemate raised questions of the Secretary-General for Ethiopia and Eritrea and about the future of UNMEE, which was not meant for the Mission, to support a status quo indefinitely. Possible Having considered the report of the Secretary- benchmarks for its reduction would include an General of 5 March 2004, and fully supporting the ob- improvement in the security environment, well- servations made therein, functioning sector military coordination com- 1. Decides to extend the mandate of the United missions and meaningful progress in demarca- Nations Mission in Ethiopia and Eritrea until 15 Sep- tember 2004 at the troop and military observer levels tion. UNMEE’s effectiveness would be kept under authorized by its resolution 1320(2000) of 15 Septem- review and its operations adjusted and stream- ber 2000; lined as needed. Meanwhile, the Secretary- 2. Strongly urges the parties once again to cooperate General recommended that the Mission’s man- fully and expeditiously with the Mission in the imple- date be extended for six months, until 15Septem- mentation of its mandate and to step up their efforts to ber. ensure the security of all Mission staff, and reiterates in the strongest terms its demand that the parties allow SECURITY COUNCIL ACTION (March) the Mission full freedom of movement and remove with immediate effect and without preconditions any On 12 March [meeting 4924], the Security Coun- and all restrictions on, and impediments to the work cil unanimously adopted resolution 1531(2004). of, the Mission and its staff in the discharge of their The draft [S/2004/188] was prepared in consulta- mandate; tions among Council members. 3. Stresses that the primary responsibility for the im- plementation of the Algiers Agreements and the deci- The Security Council, sion of the Eritrea-Ethiopia Boundary Commission Reaffirming all its previous resolutions and the state- lies with both parties; ments by its President pertaining to the situation be- 4. Calls upon the parties to cooperate fully and tween Ethiopia and Eritrea, and the requirements con- promptly with the Boundary Commission and to cre- tained therein, including in particular resolution ate the necessary conditions for demarcation to pro- 1507(2003) of 12 September 2003, ceed expeditiously, including through the unequivocal Reiterating its support for the peace process and its restating of Ethiopia’s acceptance of the decision of unwavering commitment, including through the role the Commission, the appointment by Ethiopia of field played by the United Nations Mission in Ethiopia and liaison officers and the payment of its dues to the Com- Eritrea, to the full and expeditious implementation of mission; the comprehensive Peace Agreement signed at Algiers 5. Reaffirms the crucial importance of a political di- by the Governments of Ethiopia and Eritrea (hereinaf- alogue between the two countries for the completion of ter referred to as “the parties”) on 12 December 2000 the peace process and the consolidation of progress and the preceding Agreement on Cessation of Hostili- achieved so far, and urges both parties to normalize ties signed on 18 June 2000 (“the Algiers Agree- their relations, including through confidence-building ments”), and the delimitation decision of the Bound- measures, and to refrain from any threat or use of ary Commission of 13 April 2002, embraced by the force against each other;

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6. Reiterates its support for the initiative of the order to overcome the current stalemate in the Secretary-General to exercise his good offices by ap- peace process. pointing a Special Envoy in order to facilitate the im- plementation of the Algiers Agreements, the decision Report of Secretary-General (July). On 7 July of the Boundary Commission and the relevant resolu- [S/2004/543], the Secretary-General, in his pro- tions and decisions of the Security Council and to en- gress report on Ethiopia and Eritrea, said that, courage the normalization of diplomatic relations be- during the reporting period, relations between tween the two countries, and emphasizes that this the Eritrean authorities and UNMEE had deterio- appointment does not constitute an alternative mecha- rated, as a result of the government measures nism; noted by the Council in its presidential statement 7. Expresses its full support for the Special Envoy of (above). The Eritrean authorities had closed the the Secretary-General for Ethiopia and Eritrea, main road from Asmara to Barentu, UNMEE’s Mr. Lloyd Axworthy, stresses that the Special Envoy en- main supply route to troops in Sector West. The joys the unanimous support of the witnesses to the Al- giers Agreements, namely the United Nations, the Special Representative had written to President United States of America, Algeria, the African Union Isaias Afwerki asking for his personal interven- and the European Union, and urges both parties, in tion to reverse the trend, as had the Secretary- particular the Government of Eritrea, to engage con- General. The Foreign Minister had assured a vis- structively and without further delay with the Special iting UN team that Eritrea was prepared to Envoy; resolve any problems amicably. 8. Urges both parties once again to establish expedi- Cooperation with Ethiopia remained at a tiously a direct high-altitude flight route between workable level. Training activities by the Ethio- Asmara and Addis Ababa to relieve the unnecessary pian Armed Forces continued, including the fir- additional cost to the Mission and Member States; ing of heavy-calibre weapons close to the south- 9. Decides to monitor closely the steps taken by the ern boundary of the Zone. Following discussions parties in the implementation of their commitments with the sector-level of the Military Coordination under the Algiers Agreements, including through the Boundary Commission, and to review any implications Commission, the Forces agreed to move live fir- for the Mission; ing exercises at least five kilometres away from the Zone. 10. Requests the Secretary-General to monitor the situation closely and to keep under review the effective- Reports of violations of the Zone, mostly cattle ness of the mission, and to adjust and streamline its rustling, increased. In April, Eritrea reported operations as needed, taking into account also the three violations, which allegedly resulted in ex- mandate of the Mission as outlined in paragraph 2 of changes of fire between Eritrean militia and resolution 1320(2000); Ethiopians entering the Zone. Eritrean militia 11. Decides to remain actively seized of the matter. arrested two individuals of the Kunama ethnic group. On 25 May, a large explosion occurred in Council President’s press statement. Following Barentu, in Sector West, killing an unconfirmed informal consultations in the Security Council and number of people and injuring dozens. As a Secretariat briefing on 4 May, the Council Pres- UNMEE continued to encounter restrictions of ident released a press statement [SC/8085-AFR/918] movement in areas adjacent to the Zone within expressing members’ concern at the deterioration Eritrea, its ability to monitor the redeployed po- in Eritrea’s cooperation with UNMEE and continu- sitions of the Eritrean Defence Forces remained ing restrictions on its freedom of movement, espe- constrained. cially in areas adjacent to the Temporary Security The Military Coordination Commission met Zone; the increase in detention of UNMEE local (Nairobi, 15 March and 10 May) to discuss the staff; the closure of the main supply route to military situation in the Mission area, focusing UNMEE troops in Sector West by Eritrean authori- on security aspects impacting on UNMEE opera- ties; and recent public allegations by a senior tions. Sector-level coordination meetings were Eritrean government official that might negatively initiated in Sectors West and Centre, with meet- affect the security of UNMEE staff. Members were ings held in March, April and May. disappointed with Ethiopia’s continued rejection The Boundary Commission, in its thirteenth of significant parts of the Boundary Commission report annexed to the Secretary-General’s re- decision, which heightened regional tension and port, reiterated that the stalemate persisted; con- blocked completion of UNMEE’s mandate. Eritrea’s sequently, it was maintaining its presence in the and Ethiopia’s actions raised questions about area, at a reduced level, so that it could resume UNMEE’s long-term viability. Members were also operations if required. It also noted that Ethiopia concerned about the lack of progress in the imple- had not paid its portion of the Commission’s mentation of the Boundary Commission’s demar- expenses. cation decision and reiterated their support for the An escalation of public rhetoric on both sides Special Envoy’s efforts to engage the two parties in was noted, and reports indicated that each con-

YUN04—6th proofs / OF July 24 2006 Africa 269 tinued to upgrade and strengthen its armed mained unresolved. They called on both parties forces. The Secretary-General expressed con- to continue to cooperate constructively with the cern about public statements by Eritrean author- Mission to maintain stability and prevent inci- ities attacking the peacekeeping operation and dents in the border area. They also welcomed its staff. He noted the 7 April statement by the UNMEE’s ongoing efforts to streamline its opera- Ethiopian Foreign Ministry reiterating that the tions. current demarcation line would disrupt the lives Members welcomed the recent visit (3-7 July) of border communities and lead to future con- of the Secretary-General to both capitals and ex- flict, and describing the demarcation process as pressed the hope that his meetings with Eritrea’s flawed. He reminded the parties, in particular President Isaias Afwerki and Ethiopia’s Prime Ethiopia, that they themselves had entrusted the Minister Meles Zenawi would provide new mo- Boundary Commission with the entire demarca- mentum for the involvement of both parties with tion process, had drawn up its mandate and had the Special Envoy. selected its Commissioners. Aware of the ques- Report of Secretary-General (September). In tions being raised about the long-term effective- his 2 September progress report on Ethiopia and ness of UNMEE, the Secretary-General initiated a Eritrea [S/2004/708], the Secretary-General said review aimed at adjusting and streamlining that the general situation in the Temporary UNMEE’s operations as needed, keeping in mind Security Zone and adjacent areas remained sta- its mandate and the need to uphold the integrity ble. Improvement in the cooperation of both par- of the ceasefire arrangements. ties with UNMEE had had a positive effect on the Communication. Eritrea, on 14 July [S/2004/ overall security environment. Restrictions im- 571 ], characterized the Secretary-General’s report posed by Eritrea on UNMEE patrols inside and as replete with factual inaccuracies, biased near the Zone had decreased. The main supply against Eritrea, and portraying a distorted pic- route to UNMEE troops in Sector West was re- ture of the reality on the ground. It failed to rec- opened on 9 August but closed again from 1 Sep- ognize Ethiopia’s violation of international law tember. Detentions by Eritrea of locally recruited and glossed over its provocative act of building UN staff had also decreased. Cooperation be- new settlements in Badme, the seriousness of tween UNMEE and the military authorities on the which the United Nations could not downplay. It Ethiopian side remained satisfactory. Except for was also silent on Ethiopia’s responsibility for the a few incidents, the Ethiopian Armed Forces had current state of affairs. imposed no restrictions on UNMEE patrols in the Eritrea stated that it fully respected UNMEE’s adjacent areas south of the Zone. unhindered freedom of movement in the Zone. On 18 August, Prime Minister Meles Zenawi However, it could not accept a unilateral exten- informed the Secretary-General of Ethiopia’s de- sion of the Zone by another stretch of territory cision to allow UN aircraft to fly directly between termed “adjacent area”, nor did it subscribe to Asmara and Addis Ababa without deviation, and UNMEE’s interpretation of the 2000 Algiers on 31 August, an UNMEE team met with Ethio- Peace Agreements [YUN 2000, p. 180] as implying pian authorities to work out the technical details. freedom of random inspection without prior no- Under the chairmanship of the UNMEE Force tice and government approval. Eritrea cited ex- Commander, the twenty-fifth meeting of the Mil- amples of what it called UNMEE’s intrusive and itary Coordination Commission was held (Nai- unwarranted activities outside the Zone and em- robi, 5 July). A total of six sector-level meetings phasized the need for UNMEE to be neutral. had been held to review the military situation. Appointment. On 6 July [S/2004/548], the As requested by the Security Council in reso- Secretary-General informed the Security Coun- lution 1531(2004) (see p. 267), the Secretary- cil of the appointment of Major-General General conducted a review of UNMEE’s effective- Rajender Singh (India) as UNMEE Force Com- ness. He determined that the Mission’s military mander, to replace Major-General Robert component was a vital factor of stability and cau- Gordon (United Kingdom) whose tour of duty tioned the United Nations to be careful not to was ending. The Council took note of the infor- leave a security vacuum. At the same time, there mation [S/2004/549]. was a realization that, after four years, the time Press statement (July). The Security Council had come to adjust its configuration, particularly President, in a 15 July press statement [SC/8150- since some areas of the Zone had been militarily AFR/995], said that Council members were satis- stable since UNMEE’s establishment. Any change fied that some restrictions on UNMEE’s freedom in the force structure should be gradual, taking of movement had decreased, but stressed that into consideration the security dynamics so as not several other open questions, such as direct to undermine UNMEE’s core monitoring func- flights between Addis Ababa and Asmara, re- tion or the Boundary Commission’s prospect of

YUN04—6th proofs / OF July 24 2006 270 Political and security questions resuming its work. Should the current stalemate cil authorize the proposed adjustments indi- in the peace process be broken, leading to the de- cated. marcation of the border, the Secretary-General said that he would recommend the temporary SECURITY COUNCIL ACTION (September) strengthening of UNMEE in a number of areas, On 14 September [meeting 5032], the Security including humanitarian, human rights and legal Council unanimously adopted resolution 1560 affairs. In the current circumstances, however, he (2004). The draft [S/2004/728] was prepared in con- recommended adjustments in two phases. Phase I, sultations among Council members. already in progress, included replacing the mili- The Security Council, tary demining contingent, which had left in Reaffirming all its previous resolutions and state- June, with a modest commercial capacity, result- ments pertaining to the situation between Ethiopia ing in annual savings of $6 million and reducing and Eritrea, and the requirements contained therein, force headquarters staff by up to 30 per cent. including in particular resolution 1531(2004) of 12 Phase II would entail repatriating the infantry March 2004, battalion and support elements from Sector East Stressing its unwavering commitment to the peace pro- and consolidating the existing three sectors into cess, including through the role played by the United Nations Mission in Ethiopia and Eritrea, and to the two. The remaining two infantry battalions full and expeditious implementation of the compre- would adjust their areas of responsibility to hensive Peace Agreement signed on 12 December 2000 support and secure the military observers re- at Algiers by the Governments of Ethiopia and Eritrea maining in Sector East. The troop drawdown (hereinafter referred to as “the parties”) and the pre- would be offset by an increase in air patrols. At ceding Agreement on Cessation of Hostilities signed the completion of Phase II, the military structure on 18 June 2000 (“the Algiers Agreements”), and the would comprise a force headquarters, two infan- delimitation decision of the Eritrea-Ethiopia Bound- try battalions, two demining units, other support ary Commission of 13 April 2002, embraced by the parties as final and binding in accordance with the Al- elements and up to 220 military observers. The giers Agreements, force reserve would come from the remaining Recalling that lasting peace between Ethiopia and force structure. The number of civilian staff Eritrea, as well as in the region, cannot be achieved would be reduced commensurately. Further re- without the full demarcation of the border between ductions might be justified following completion the parties, of Phase II and would depend on the situation on Noting with concern, in this regard, the lack of pro- the ground. gress made in the demarcation of the border, as re- flected in the fourteenth report on the work of the The persistent humanitarian needs in Ethio- Boundary Commission, of 20 August 2004, which con- pia and Eritrea remained of concern to UN agen- cludes that under the present circumstances the Com- cies and implementing partners. Given that situ- mission is unable to progress with demarcation activi- ation, the Secretary-General extended the ties, mandate of his Special Envoy for the Humanita- Expressing its concern about Ethiopia’s ongoing rejec- rian Crisis in the Horn of Africa, Martti tion of significant parts of the decision of the Bound- Ahtisaari, for another six months to enable him ary Commission and its current lack of cooperation with the Commission, to work with the two Governments, the donor Expressing disappointment about the continuing re- community, the UN country teams and other fusal of Eritrea to engage with the Special Envoy of the stakeholders in identifying longer-term solu- Secretary-General for Ethiopia and Eritrea, whose tions to the humanitarian challenges. good offices represent a concrete opportunity for the Having met with the leaders of both countries parties to move the peace process forward, during his visit in early July, the Secretary- Recalling the recent increase in United Nations General remained concerned about the absence peacekeeping activities and the need to allocate peace- keeping resources in the most effective manner, and of prospects for breaking the stalemate on the de- recalling in this regard the additional burden caused marcation of the border. Neither side had of- by the delays in the demarcation process, fered any new ideas on how the peace process Having considered the report of the Secretary- could be advanced. It should be clear to both par- General of 2 September 2004, and fully supporting ties that progress would not be made by merely the observations made therein, restating and maintaining positions. It was time 1. Decides to extend the mandate of the United that the more cooperative spirit they had recently Nations Mission in Ethiopia and Eritrea until 15 March 2005; demonstrated towards UNMEE be applied to the 2. Approves the adjustments to the Mission, includ- broader political process in order to move it for- ing its presence and operations, as recommended by ward. While awaiting their further moves, the the Secretary-General in paragraphs 13 to 18 of his re- Secretary-General recommended that the UNMEE port; mandate be extended for a further six months, 3. Calls upon the parties to cooperate fully and ex- until 15 March 2005, and that the Security Coun- peditiously with the Mission in the implementation of

YUN04—6th proofs / OF July 24 2006 Africa 271 its mandate, to ensure the security of all staff of the tives of Ethiopia, reiterating Ethiopia’s firm Mission, and to remove immediately and uncondition- position that the decision of the Boundary Com- ally all restrictions on and impediments to the work mission was flawed but realizing that lasting and to the full and free movement of the Mission and its staff; peace between Ethiopia and Eritrea was more im- 4. Takes note of positive developments in some areas portant, adopted a five-point proposal on peace of relations between the Mission and the parties, in this between them, submitted by Prime Minister regard welcomes particularly the recent decision by Meles Zenawi. By the proposal, Ethiopia would Ethiopia to allow a direct high-altitude flight route be- resolve their dispute only through peaceful tween Asmara and Addis Ababa without any deviation, means and the root causes of their conflict urges Ethiopia and Eritrea to take immediate steps, in through dialogue; it would accept in principle consultation with the Mission, towards implementing the direct flights between the two capitals, and also in the Commission’s decision, agree to pay its Com- this regard calls upon Eritrea to reopen the Asmara to mission dues and appoint field liaison officers; Barentu road; and it would immediately start dialogue with a 5. Stresses thatEthiopiaand Eritreahave the primary view to implementing the decision in question in responsibility for the implementation of the Algiers a manner consistent with the promotion of sus- Agreements and the decision of the Eritrea-Ethiopia tainable peace. Ethiopia’s communication to the Boundary Commission, and calls upon the parties to Secretary-General included the Prime Minister’s showpoliticalleadershipto achieveafull normalization statement to the House announcing the propo- of their relationship, including through the adoption of further confidence-building measures; sal. 6. Calls upon the parties to cooperate fully and The EU, on 29 November [S/2004/938],wel- promptly with the Boundary Commission and to cre- comed Ethiopia’s announcement of the five- ate the necessary conditions for demarcation to pro- point peace plan and said that its agreement to ceed expeditiously, including through the payment of accept the Boundary Commission’s decision was Ethiopia’s dues to the Commission and the appoint- an indication of its commitment. The EU re- ment of field liaison officers; 7. Urges Ethiopia to show the political will to reaf- mained ready to play a supportive role in the firm unequivocally its acceptance of the decision of the peace process and emphasized that the normal- Boundary Commission, and to take the necessary steps ization of relations would be an essential element to enable the Commission to demarcate the border for regional peace and security. without further delay; Eritrea, responding in a 12 December press re- 8. Reiteratesitsfullsupport fortheSpecialEnvoyofthe lease [S/2004/968], said that the way forward lay Secretary-General for Ethiopia and Eritrea, Mr. Lloyd with Ethiopia’s full and unconditional respect of Axworthy,in his efforts to facilitate the implementation of the Algiers Agreements, the decision of the Bound- the Algiers Agreements; strict compliance with ary Commission and the normalization of diplomatic the Boundary Commission’s decision; with- relations between the two countries through his good drawal of its forces from Eritrean territories; and offices, and emphasizes that this appointment does not cooperation with the Commission to ensure ex- constitute an alternative mechanism; peditious demarcation of the boundary. Eritrea 9. Calls upon Eritrea to enter into dialogue and co- called on the international community to help se- operation with the Special Envoy; cure peace and stability by putting pressure on 10. Decides to continue monitoring closely the steps taken by the parties in the implementation of their Ethiopia to ensure demarcation. commitments under the relevant resolutions of the On 15 December [S/2004/970], Ethiopia, in an Security Council and under the Algiers Agreements, aide-memoire said that it found Eritrea’s rejec- including through the Boundary Commission, and to tion of its five-point peace proposal puzzling as review any implications for the Mission; it addressed all of Eritrea’s concerns. Ethiopia 11. Requests the Secretary-General to continue to said that its acceptance of the Boundary Com- monitor the situation closely, to review the mission’s mission’s decision was unequivocal and uncondi- mandate in the light of progress made in the peace process and changes made to the Mission; tional, but it had used the wording “accepts in 12. Decides to remain actively seized of the matter. principle” in recognition of the technical re- quirement for adjustments which required dia- Communication. The EU, in a 17 September logue and the Commission’s identification of the statement by its Presidency [S/2004/802],wel- “anomalies” and “impracticalities” of its deci- comed resolution 1560(2004) and supported the sion, which could only be overcome by dialogue. Mission’s rationalization. It expressed concern The Security Council President, in a 21 De- about the continuing stalemate and urged the cember press statement [SC/8276-AFR/1084], said two countries to use the next six months to imple- that Council members welcomed the Ethiopian ment measures that might help to break the cur- announcement of the five-point peace plan and rent deadlock and allow demarcation to proceed. Eritrea’s continued acceptance of the Commis- Five-point peace proposal. On 25 November sion’s decision. They were encouraged by the [S/2004/943], the House of Peoples’ Representa- movement towards a peaceful solution of the

YUN04—6th proofs / OF July 24 2006 272 Political and security questions border dispute and looked forward to the begin- that might contribute to the implementation of ning of the border demarcation process. They the Algiers Agreements and the Boundary Com- encouraged both countries to work towards a full mission’s decision, the initiation of dialogue be- normalization of their relations, to reiterate their tween Eritrea and Ethiopia and the willingness to commitment to solving their differences peace- address the root causes of the conflict and to nor- fully and to refrain from any destabilizing action malize bilateral relations. He encouraged Ethio- in the border area. pia to formally initiate implementation of its pro- Report of Secretary-General (December). posal through the Boundary Commission and The Secretary-General, in his 16 December pro- called on both parties to refrain from any action gress report on Ethiopia and Eritrea [S/2004/973 & in the border area that could be viewed as Corr.1 & Add.1], referred to Ethiopia’s five-point destabilizing. plan and Eritrea’s 10 December letter to the Annexed to the Secretary-General’s report was Boundary Commission. He stated that it was in- the fifteenth report [S/2004/973/Corr.1] of the cumbent upon Ethiopia to express immediately Boundary Commission covering the period 20 unconditional respect for the Commission’s August to 14 December, which indicated no fur- work, including full acceptance of its 13 April ther progress in its demarcation activities. Noting 2002 decision, and that Ethiopia had to withdraw Ethiopia’s five-point peace proposal, it said that its troops from Eritrean territory and cooperate Ethiopia had yet to pay its outstanding dues. An fully with the expeditious demarcation of the addendum to the Commission’s report was border. He stated further that Ethiopia had not issued on 27 December [S/2004/973/Add.1]. complied with the Commission’s order to remove illegal settlements from Eritrean territory. UNMEE financing As for the status of the Temporary Security On 21 January [A/58/633], the Secretary- Zone and adjacent areas, the general situation re- General submitted the performance report on mained calm and the level of cooperation of the UNMEE’s budget for the period 1 July 2002 to 30 military authorities of both countries with June 2003. Total expenditure for that period UNMEE was satisfactory. During the reporting pe- amounted to $209,619,100 out of an apportion- riod, UNMEE observed incursions by both Ethio- ment of $220,830,200, a variance of $11,211,100, pian and Eritrean troops into the Zone. Freedom or 5.1 per cent. of movement for UNMEE personnel in Eritrea im- ACABQ reviewed the financial performance re- proved; however, the road from Asmara to Keren port on 12 April [A/58/759/Add.8] and recom- via Barentu remained closed to UNMEE, and mended that the unencumbered balance of immigration procedures imposed on its staff at $11,211,100 and other income and adjustments to- Ethiopia and Eritrea airports remained in place. talling $13,294,000, be credited to Member While Ethiopia had approved direct flights be- States in a manner to be determined by the Gen- tween the two capitals, efforts to secure Eritrea’s eral Assembly. It recommended that the esti- approval were unsuccessful. The Secretary- mated budget requirement as requested be re- General appealed to Eritrea to avoid further de- duced by $3,129,200, to $198,331,600 gross lay in finalizing the necessary direct flights ar- ($193,774,200 net). rangements with UNMEE.

At meetings of the Military Coordination GENERAL ASSEMBLY ACTION Commission, UNMEE put forward proposals for improving communications and the security situ- On 18 June [meeting 91], the General Assembly, ation, including the establishment of a communi- on the recommendation of the Fifth Committee cations hotline, the inclusion of local police and [A/58/824], adopted resolution 58/302 without civil administrators as observers in future meet- vote [agenda item 141]. ings and military and police withdrawal from Financing of the United Nations Mission within 250 metres of both sides of the Zone. in Ethiopia and Eritrea In general, the Secretary-General was encour- The General Assembly, aged by the parties’ continued commitment to the Having considered the reports of the Secretary- ceasefire, as manifested in the relative military General on the financing of the United Nations Mis- stability in the border area and regular meetings sion in Ethiopia and Eritrea and the related reports of of the Military Coordination Commission, and in the Advisory Committee on Administrative and Bud- getary Questions, their cooperation with UNMEE. However, serious Bearing in mind Security Council resolution 1312 improvement was still required as the protracted (2000) of 31 July 2000, by which the Council estab- stalemate in the peace process continued. Noting lished the United Nations Mission in Ethiopia and Ethiopia’s intention to resolve the dispute Eritrea, and the subsequent resolutions by which the through peaceful means, he welcomed any step Council extended the mandate of the Mission, the lat-

YUN04—6th proofs / OF July 24 2006 Africa 273 est of which was resolution 1531(2004) of 12 March against General Service posts, commensurate with the 2004, requirements of the Mission; Recalling its resolution 55/237 of 23 December 2000 Financial performance report for the on the financing of the Mission and its subsequent res- period from 1 July 2002 to 30 June 2003 olutions thereon, the latest of which was resolution 11. Takes note of the report of the Secretary-General 57/328 of 18 June 2003, on the financial performance of the Mission for the pe- Reaffirming the general principles underlying the fi- riod from 1 July 2002 to 30 June 2003; nancing of United Nations peacekeeping operations, as stated in General Assembly resolutions 1874 (S-IV) Budget estimates for the period of 27 June 1963, 3101(XXVIII) of 11 December 1973 from 1 July 2004 to 30 June 2005 and 55/235 of 23 December 2000, 12. Decides to appropriate to the Special Account Noting with appreciation that voluntary contributions for the United Nations Mission in Ethiopia and Eritrea have been made to the Mission, the amount of 216,030,500 dollars for the period from Mindful of the fact that it is essential to provide the 1 July 2004 to 30 June 2005, inclusive of 198,331,600 Mission with the necessary financial resources to en- dollars for the maintenance of the Mission, 7 million able it to fulfil its responsibilities under the relevant dollars for the strengthening of the safety and security resolutions of the Security Council, of the staff and premises of the Mission, 8,746,800 dol- lars for the support account for peacekeeping opera- 1. Takes note of the status of contributions to the tions and 1,952,100 dollars for the United Nations Lo- United Nations Mission in Ethiopia and Eritrea as at gistics Base; 15 April 2004, including the contributions outstanding in the amount of 24.8 million United States dollars, Financing of the appropriation representing some 4 per cent of the total assessed con- 13 . Decides also to apportion among Member States tributions, notes with concern that only thirty-six the amount of 216,030,500 dollars at a monthly rate of Member States have paid their assessed contributions 18,002,541 dollars, in accordance with the levels set out in full, and urges all other Member States, in particu- in General Assembly resolution 55/235, as adjusted by lar those in arrears, to ensure payment of their out- the Assembly in its resolution 55/236 of 23 December standing assessed contributions; 2000 and updated in its resolution 58/256 of 23 De- 2. Expresses its appreciation to those Member States cember 2003, taking into account the scale of assess- which have paid their assessed contributions in full, ments for 2004 and 2005, as set out in its resolution and urges all other Member States to make every possi- 58/1 B of 23 December 2003, subject to a decision of ble effort to ensure payment of their assessed contribu- the Security Council to extend the mandate of the Mis- tions to the Mission in full; sion; 3. Expresses concern at the financial situation with 14 . Decides further that, in accordance with the pro- regard to peacekeeping activities, in particular as re- visions of its resolution 973(X) of 15 December 1955, gards the reimbursements to troop contributors that there shall be set off against the apportionment among bear additional burdens owing to overdue payments Member States, as provided for in paragraph 13 above, by Member States of their assessments; their respective share in the Tax Equalization Fund of 4. Also expresses concern at the delay experienced by 5,943,800 dollars at a monthly rate of 495,316 dollars, the Secretary-General in deploying and providing ade- comprising the estimated staff assessment income of quate resources to some recent peacekeeping missions, 4,557,400 dollars approved for the Mission, the pro- in particular those in Africa; rated share of 1,276,400 dollars of the estimated staff assessment income approved for the support account 5. Emphasizes that all future and existing peace- and the prorated share of 110,000 dollars of the esti- keeping missions shall be given equal and non- mated staff assessment income approved for the discriminatory treatment in respect of financial and United Nations Logistics Base; administrative arrangements; 15. Decides that, for Member States that have ful- 6. Also emphasizes that all peacekeeping missions filled their financial obligations to the Mission, there shall be provided with adequate resources for the shall be set off against their apportionment, as pro- effective and efficient discharge of their respective vided for in paragraph 13 above, their respective share mandates; of the unencumbered balance and other income in the 7. Reiterates its request to the Secretary-General to total amount of 24,505,100 dollars in respect of the fi- make the fullest possible use of facilities and equip- nancial period ended 30 June 2003, in accordance with ment at the United Nations Logistics Base at Brindisi, the levels set out in General Assembly resolution Italy, in order to minimize the costs of procurement for 55/235, as adjusted by the Assembly in its resolution the Mission; 55/236 and its resolution 57/290 A of 20 December 8. Endorses the conclusions and recommendations 2002, taking into account the scale of assessments for contained in the report of the Advisory Committee on 2003 as set out in its resolutions 55/5 B of 23 Decem- Administrative and Budgetary Questions, and requests ber 2000 and 57/4 B of 20 December 2002; the Secretary-General to ensure their full implementa- 16. Decides also that, for Member States that have tion; not fulfilled their financial obligations to the Mission, 9. Requests the Secretary-General to take all action there shall be set off against their outstanding obliga- necessary to ensure that the Mission is administered tions their respective share of the unencumbered bal- with a maximum of efficiency and economy; ance and other income in the total amount of 10. Also requests the Secretary-General, in order to 24,505,100 dollars in respect of the financial period reduce the cost of employing General Service staff, to ended 30 June 2003, in accordance with the scheme set continue efforts to recruit local staff for the Mission out in paragraph 15 above;

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17. Decides further that the decrease of 5,100 dollars holding a referendum, but not requiring the ap- in the estimated staff assessment income in respect of proval of both sides for every step of the financial period ended 30 June 2003 shall be set implementation. POLISARIO eventually accepted off against the credits from the amount referred to in paragraphs 15 and 16 above; the plan, but Morocco rejected it and continued 18. Emphasizes that no peacekeeping operation shall to do so in 2004. In the Secretary-General’s view, be financed by borrowing funds from other active an agreement appeared more distant by the end peacekeeping operations; of 2004 than it had a year earlier, given the lack of 19 . Encourages the Secretary-General to continue to consensus on measures to overcome the existing take additional measures to ensure the safety and deadlock. security of all personnel under the auspices of the In June, the Secretary-General’s Personal En- United Nations participating in peacekeeping opera- voy, James A. Baker III, resigned, having con- tions; cluded that he had done all he could on the issue. 20. Invites voluntary contributions to the Mission in The Secretary-General requested his Special cash and in the form of services and supplies accepta- ble to the Secretary-General, to be administered, as ap- Representative for Western Sahara, Alvaro de propriate, in accordance with the procedure and prac- Soto, to continue to work with the parties and the tices established by the General Assembly; neighbouring States towards a mutually accepta- 21. Decides to include in the provisional agenda of ble political solution. its fifty-ninth session the item entitled “Financing of The United Nations Mission for the Referen- the United Nations Mission in Ethiopia and Eritrea”. dum in Western Sahara (MINURSO), established by Security Council resolution 690(1991) [YUN On 16 December [A/59/616], the Secretary- 1991, p. 794] to implement the UN settlement plan General submitted the performance report on proposed by the Secretary-General, continued to UNMEE’s budget for the period 1 July 2003 to 30 monitor the ceasefire between the two parties and June 2004 showing a total expenditure of to report on developments, as it had for 13 years. $183,600,200 out of an apportionment of On three occasions in 2004, the Council renewed $188,400,000,a variance of $4,799,800 or 2.5 per its mandate, maintaining its authorized strength cent. On 21 December [A/59/636], the Secretary- at 230 military personnel. General submitted UNMEE’s budget for the pe- There was some progress in the implementa- riod 1 July 2005 to 30 June 2006, amounting to tion of confidence-building measures. The par- $176,716,200. ties resumed family visits between Western Saha- The Assembly, on 23 December, decided that ran refugees living in camps in Algeria and their the agenda item on UNMEE financing would re- relatives in the Territory, and telephone service main for consideration during its resumed fifty- was expanded in the camps. In February and ninth (2005) session (decision 59/552). June, POLISARIO released a total of 200 Moroc- can prisoners of war, leaving another 412 such prisoners still in detention by late 2004, some of North Africa them for more than 20 years. Peace-making efforts Report of Secretary-General (January). The Western Sahara Secretary-General, in response to Security Coun- The United Nations continued its search in cil resolution 1513(2003) [YUN 2003, p. 264],re- 2004 for an end to the dispute over the question ported on 19January [S/2004/39] on developments of governance of Western Sahara, despite a lack in Western Sahara since his previous report [YUN of movement in narrowing the negotiating posi- 2003, p. 262]. During that period, his recently ap- tions of the two parties to the dispute, Morocco pointed Special Representative for Western Sa- and the Frente Popular para la Liberación de hara, Alvaro de Soto (Peru), held talks with offi- Saguía el-Hamra y de Río de Oro (POLISARIO). cials from Morocco, POLISARIO, Algeria and Since the parties’ agreement in 1990to hold a ref- Mauritania. The area of responsibility of erendum for the people to decide between inde- MINURSO remained calm, with no indication that pendence or integration of the Territory with either side intended to resume hostilities. Under Morocco, progress had been made in establish- the command of Major General Gyorgy Száraz ing voter rolls, but plans to organize elections had (Hungary), it continued to monitor the ceasefire, met with objections from both sides. In 2003, the conduct ground and air patrols, and inspect units Personal Envoy of the Secretary-General pro- larger than company size of the Royal Moroccan posed a Peace Plan for Self-Determination of the Army (RMA) and POLISARIO military forces. Both People of Western Sahara, dividing responsibili- sides carried out routine maintenance and train- ties of governance between the parties before ing activities. Some limitations on MINURSO’s

YUN04—6th proofs / OF July 24 2006 Africa 275 freedom of movement were imposed by 325 & Add.1], described developments relating to POLISARIO in areas east of the berm. MINURSO Western Sahara since his January report. continued to cooperate with the parties on the His Personal Envoy held meetings with Moroc- marking and disposal of mines and unexploded can officials on 2 and 15April to discuss issues per- ordnance. That situation remained the pattern taining to Morocco’s final response to resolution throughout 2004. 1495(2003) [YUN 2003, p. 262], calling on the parties The Secretary-General reported that, since the to work with the United Nations and with each release of 643 Moroccan prisoners of war in 2003 other towards accepting and implementing its [YUN 2003, p. 258], 613 such prisoners remained terms. He also met with POLISARIO in March. Dur- held by POLISARIO, most of them for over 20 ingameetingwiththePersonalEnvoyon15April, years. He reiterated his call for the release of all Morocco delivered its final response to the plan, remaining prisoners of war and for both sides to which was annexed to the report, raising issues account for those still missing in relation to the that it considered unacceptable. It believed that conflict. The situation of Western Saharan refu- the autonomy-based political solution offered to gees deteriorated in early 2004, due to shortages the people as a transitional step could only be fi- of relief aid that resulted in acute and chronic nal; it could therefore not agree to a transition pe- malnutrition of those in the Tindouf area in Al- riod marked by uncertainty as to the final status of geria. The World Food Programme (WFP) and the Territory. On the other hand, the autonomy UNHCR were planning a joint mission to the refu- solution, as agreed to by the parties, by definition gee camps. The UNHCR-operated telephone con- ruled out the possibility for the independence nection between the refugee camps in Algeria option to be submitted to the population. It was, and the Territory was re-established on 12 Janu- therefore, out of the question for Morocco to en- ary, and telephone service between one camp in gage in negotiations with anyone over its sover- the Tindouf area and the Territory was to be eignty and territorial integrity. With those aspects extended to other locations. ruled out from the plan, Morocco was prepared to The Secretary-General’s Personal Envoy, negotiate a final settlement through a viable auton- James A. Baker III (United States), having held omy status for the Sahara region. discussions with Moroccan officials in December During the reporting period, MINURSO con- 2003, was of the view that the MINURSO mandate ducted ground and air patrols to inspect Moroc- should be extended until 30 April 2004 to allow can and POLISARIO forces. The limitations on the him time to consult further with Morocco on its Mission’s freedom of movement in areas of the final response to the Peace Plan for Self- Territory east of the berm did not significantly Determination of the People of Western Sahara, affect its ability to monitor the situation in those which he proposed to the parties in January 2003 areas. In February, MINURSO’s Force Com- [YUN 2003, p. 259]. The Secretary-General con- mander became Officer-in-Charge also of the curred with his view and recommended that the Mission during the absence of the Special Repre- Council extend the mandate for three months. sentative for Western Sahara, who had been asked by the Secretary-General to head his mis- SECURITY COUNCIL ACTION (January) sion of good offices mission in Cyprus. On 30 January [meeting 4905], the Security On 13 February, POLISARIO announced the re- Council unanimously adopted resolution 1523 lease of a further 100 Moroccan prisoners of war, (2004). The draft [S/2004/76] was prepared in con- who were subsequently repatriated under the sultations among Council members. auspices of the International Committee of the Red Cross (ICRC), reducing the number of re- The Security Council, maining prisoners to 514. Recalling all its resolutions on Western Sahara, and WFP and UNHCR undertook a joint assessment reaffirming in particular resolution 1495(2003) of mission to the Tindouf refugee camps in Janu- 31 July 2003, ary, where, despite improvements in donor 1. Decides to extend the mandate of the United Nations Mission for the Referendum in Western Sa- support, the food situation remained unstable. hara until 30 April 2004; The Special Representative and UNHCR pro- 2. Requests that the Secretary-General provide a re- moted confidence-building measures aimed at port on the situation before the end of the present facilitating person-to-person contacts between mandate; refugees in the camps in Algeria and their com- 3. Decides to remain seized of the matter. munities of origin in Western Sahara. The par- ties and Algeria, as the country of asylum, ap- Report of Secretary-General (April). As re- proved the revised UNHCR plan of action for quested by the foregoing resolution, the family visits for refugees in the camps, which had Secretary-General, in a 23 April report [S/2004/ been submitted to them in December 2003 [YUN

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2003, p. 264]. The first exchange of family visits be- 3. Calls upon all the parties and the States of the re- tween Western Saharan refugees living in the gion to cooperate fully with the Secretary-General and Tindouf camps and their relatives in the town of his Personal Envoy; Laayoune in the Territory began on 5 March, fol- 4. Decides to extend the mandate of the United Nations Mission for the Referendum in Western Sa- lowed by four more exchanges of visits, all involv- hara until 31 October 2004; ing a total of 240 people from both sides. As at 31 5. Requests that the Secretary-General provide a re- March, over 8,500 people had sought to be in- port on the situation before the end of the present cluded in the exchange programme. MINURSO mandate, and also requests the Secretary-General to civilian police escorted flights carrying visitors to include in this report an evaluation of the mission size and from the Territory and the Tindouf refugee necessary for the Mission to carry out its mandated camps. tasks, with a view towards its possible reduction; The Secretary-General stated that opposition 6. Decides to remain seized of the matter. to a non-consensual solution to the conflict over Western Sahara was clear. He believed that Mo- Resignation of Personal Envoy. On 11 June rocco’s final response to the Peace Plan would re- [S/2004/492], the Secretary-General informed the quire the parties to agree to negotiate a solution Security Council that his Personal Envoy for West- based on “autonomy within the framework of ern Sahara, who had served in that capacity for Moroccan sovereignty”. Sovereignty, he noted, seven years, had offered his resignation, which the was the fundamental issue dividing the parties. Secretary-General had accepted with deep regret. Given their positions, the Council could either The Secretary-General thanked the Envoy for the terminate MINURSO and return the issue of West- considerable effort and time he had devoted to ern Sahara to the General Assembly, or try again helping the parties, and indicated that his Special to get them to work towards acceptance and im- Representative for Western Sahara, Mr. de Soto, plementation of the Peace Plan, which still con- wouldcontinuetoworkwiththepartiesand stituted the best political solution to the conflict. neighbouring countries in pursuit of a just and The Secretary-General therefore hoped that the lastingpeacethatwouldprovidefortheself- Council would reaffirm its recent unanimous determination of the people of Western Sahara. support for the Plan and call upon the parties to Statements of position (August/September). work towards its implementation. To allow them Algeria, POLISARIO and Morocco put forward sufficient time to work towards that goal, he rec- their positions on Western Sahara in letters to the ommended that MINURSO’s mandate be ex- Security Council dated 17 August [A/58/873- tended for 10 months, until 28 February 2005. S/2004/657], 30 August [A/59/314-S/2004/704] and 24 September [S/2004/760], respectively. SECURITY COUNCIL ACTION (April) Algeria regarded the question of Western Sa- On 29 April [meeting 4957], the Security Council hara as one of decolonization, to be resolved unanimously adopted resolution 1541(2004). through the exercise by the Saharans of their The draft [S/2004/330] was prepared in consulta- right to self-determination. Since the conflict in- tions among Council members. volved Western Sahara and Morocco, the occupy- ing Power, any settlement had to be reached only The Security Council, by those two parties. To place the problem in an Recalling all its resolutions on Western Sahara, and Algerian-Moroccan context was a delaying tactic reaffirming, in particular resolution 1495 (2003) of 31 because Algeria, which had no direct part in the July 2003, conflict, could not and would not replace West- Reaffirming its commitment to assist the parties to ern Sahara in determining its future. achieve a just, lasting and mutually acceptable political solution which will provide for the self-determination POLISARIO, in its letter, transmitted by of the people of Western Sahara in the context of ar- Namibia, reviewed the history of the conflict and rangementsconsistentwiththepurposesandprinciples peace-making attempts. It agreed with the of the Charter of the United Nations, and noting the Secretary-General’s conclusion that Morocco role and responsibilities of the parties in this respect, had reneged on its commitments under the 1991 Having considered the report of the Secretary- UN settlement plan [YUN 1991, p. 793], which it had General, accepted. Illegally occupying a neighbouring 1. Reaffirms its support for the Peace Plan for Self- country for 30 years, Morocco had plundered its Determination of the People of Western Sahara as an optimum political solution on the basis of agreement natural resources, caused wars in the region and between the two parties; frustrated the international community’s peace- 2. Reaffirms its strong support for the efforts of the making efforts. Western Sahara would continue Secretary-General and his Personal Envoy to achieve a to resist that foreign occupation until the attain- mutually acceptable political solution to the dispute ment of its right to self-determination and inde- over Western Sahara; pendence.

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Morocco annexed to its letter a memorandum ures. They also agreed to continue the family vis- of clarification in response to what it called the its and maintain the telephone service until the other parties’ diplomatic campaign to delay a de- end of 2004 in order to give all concerned finitive, consensual political solution. It asserted sufficient time to further review the draft plan of that its status with respect to Sahara was not that action for the second phase. of a foreign State or of an occupying Power as Al- An assessment team from the Department of geria had suggested, since “Sahara had been an Peacekeeping Operations visited the area and integral part of the Kingdom of Morocco since identified two options regarding the strength of time immemorial”, notwithstanding a colonial MINURSO’s military component. The first option hiatus. Morocco had participated in good faith in would maintain the current level of 203 military the implementation of the UN settlement plan observers working out of nine team sites on both but had been thwarted by POLISARIO’s constant sides of the buffer strip, with two sector headquar- efforts to distort the voter identification process ters and one force headquarters. The second for the referendum envisaged in that plan. For would involve closing the two sector headquarters; both legal and political reasons, it had rejected increasing headquarters staff for personnel mat- the Personal Envoy’s Peace Plan. Morocco be- ters, logistics, operations and planning; and clos- lieved that the search for a mutually acceptable ing one of the team sites, thus reducing MINURSO’s political solution remained the best path to a total military strength to 193. definitive settlement of the regional dispute. The Secretary-General observed that agree- Report of Secretary-General (October). The ment on the Peace Plan appeared more distant Secretary-General, in response to resolution 1541 than six months earlier, with no agreement on how (2004) (see p. 276), submitted a 20 October report to overcome the deadlock. However, he would con- [S/2004/827] covering developments in Western tinue to look for opportunities to advance the goal Sahara since his April report. He indicated that of enabling the people of Western Sahara to exer- his Special Representative, having completed his cise their right to self-determination. Expressing temporary assignment in Cyprus, resumed his concern about the recent escalation in public rhet- responsibilities in respect of Western Sahara in oric emanating from the parties and the region, he July and, in September, conducted a round of viewed the renewal of the family visits as a welcome consultations with the King of Morocco, the Pres- sign. He appealed to POLISARIO to release all re- ident of Mauritania, the Foreign Minister of Al- maining Moroccan prisoners of war, and to both geria and POLISARIO leaders on the Peace Plan. Morocco and POLISARIO to cooperate with ICRC in He ascertained that Morocco continued to reject accounting for all missing persons. The Secretary- elements of the Plan but was prepared to negoti- General also noted the appearance in the heavily ate a mutually acceptable autonomy status, while mined buffer strip of clandestine migrants, groups POLISARIO maintained its support for it. Both of whom occasionally remained stranded there POLISARIO and Algeria were opposed to discuss- without means of sustainment. That was part of a ing any aspect of the Plan unless Morocco agreed broader phenomenon of trafficking in human be- to support it. Mauritania maintained its willing- ings through the region, including through the ness to support any solution that was mutually MINURSO area of operations, which had no man- agreeable to the parties. date or resources to deal with it. In June, POLISARIO announced the release of a further 100 Moroccan prisoners of war, who were In general, the effective monitoring of the repatriated to Morocco under ICRC auspices, ceasefire between the two countries by MINURSO leaving 412 prisoners in detention. UNHCR and over the previous 13years had been a major stabi- the Special Representative urged the parties, lizing and confidence-building achievement. during a series of consultations, to implement Both sides, having held consultations with the confidence-building measures. Exchange of vis- MINURSO Force Commander, preferred that the its between Western Saharan refugees in the Mission’s size not be reduced. The Secretary- Tindouf refugee camps in Algeria and their fam- General, expressing his preference for maintain- ily members in the Territory took place on 31Au- ing the Mission’s military component as cur- gust, with MINURSO support. The number of rently structured and staffed, recommended that persons involved in the six months of the opera- the Security Council extend MINURSO’s mandate tion of the programme totalled 19,009,including for six months, until 30 April 2005. 11,884 from the Tindouf area camps and 7,125 from the Territory. After a review of the first im- SECURITY COUNCIL ACTION (October) plementation phase of the confidence-building On 28 October [meeting 5068], the Security Coun- measures with the parties, they expressed their cil unanimously adopted resolution 1570(2004). commitment to the continuation of those meas- The draft [S/2004/869] was submitted by France,

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the Russian Federation, Spain, the United King- Recalling further Security Council resolutions dom and the United States. 658(1990) of 27 June 1990 and 690(1991) of 29 April 1991, by which the Security Council approved the set- The Security Council, tlement plan for Western Sahara, Recalling all its previous resolutions on Western Sa- Recalling Security Council resolutions 1359(2001) of hara, including resolutions 1495(2003) of 31 July 2003 29 June 2001 and 1429(2002) of 30 July 2002, as well as and 1541(2004) of 29 April 2004, resolution 1495(2003) of 31 July 2003, in which the Reaffirming its commitment to assist the parties to Council expressed its support of the peace plan for achieve a just, lasting and mutually acceptable political self-determination of the people of Western Sahara as solution which will provide for the self-determination an optimum political solution on the basis of agree- of the people of Western Sahara in the context of ar- ment between the two parties, and resolution 1541 rangementsconsistentwiththeprinciplesandpurposes (2004) of 29 April 2004, of the Charter of the United Nations, and noting the Taking note of the responses of the parties and neigh- role and responsibilities of the parties in this respect, bouring States to the Personal Envoy of the Secretary- Reiterating its call upon the parties and States of the General, concerning the peace plan, contained in the region to continue to cooperate fully with the United report of the Secretary-General of 23 May 2003, Nations to end the current impasse and to achieve pro- Reaffirming the responsibility of the United Nations gress towards a political solution, towards the people of Western Sahara, Having considered the report of the Secretary- Noting with satisfaction the entry into force of the General of 20 October 2004, ceasefire in accordance with the proposal made by the 1. Decides to extend the mandate of the United Secretary-General, and stressing the importance it at- Nations Mission for the Referendum in Western Sa- taches to the maintenance of the ceasefire as an inte- hara until 30 April 2005; gral part of the settlement plan, 2. Requests that the Secretary-General provide a re- Underlining, in this regard, the validity of the settle- port on the situation before the end of the mandate pe- ment plan, while noting the fundamental differences riod and an interim report, within three months from between the parties in its implementation, adoption of the resolution, on the evolution of the situ- Stressing that the lack of progress in the settlement of ation and on the Mission’s size and concept of opera- the dispute on Western Sahara continues to cause suf- tion, with further detail on the options discussed in the fering to the people of Western Sahara, remains a report of the Secretary-General of 20 October 2004 on source of potential instability in the region and ob- the possible reduction of the Mission staff, including structs the economic development of the Maghreb re- civilian and administrative personnel; gion and that, in view of this, the search for a political 3. Calls upon Member States to consider voluntary solution is critically needed, contributions to fund confidence-building measures Welcoming the efforts of the Secretary-General in that allow for increased person-to-person contact, in search of a mutually acceptable political solution, particular the exchange of family visits; which will provide for self-determination of the peo- 4. Decides to remain seized of the matter. ple of Western Sahara, Having examined the relevant chapter of the report GENERAL ASSEMBLY ACTION of the Special Committee on the Situation with regard The General Assembly had before it the to the Implementation of the Declaration on the Secretary-General’s July report [A/59/134] sum- Granting of Independence to Colonial Countries and marizing reports on Western Sahara that had Peoples, Having also examined the report of the Secretary- been submitted to the Security Council from General, 1 July 2003 to 30 June 2004. 1. Takesnote of the report of the Secretary-General; On 10 December [meeting 71], 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/59/478], the peace plan for self-determination of the people of adopted resolution 59/131 by recorded vote Western Sahara as an optimum political solution on (50-0-100) [agenda item 20]. the basis of agreement between the two parties; 3. Continues to support strongly the efforts of the Question of Western Sahara Secretary-General in order to achieve a mutually ac- The General Assembly, ceptable political solution to the dispute over Western Having considered in depth the question of Western Sahara; Sahara, 4. Commends the Secretary-General for his out- Reaffirming the inalienable right of all peoples to standing efforts and the two parties for the spirit of co- self-determination and independence, in accordance operation they have shown in the support they provide with the principles set forth in the Charter of the for those efforts; United Nations and General Assembly resolution 5. Calls upon all the parties and the States of the re- 1514(XV) of 14 December 1960 containing the Declara- gion to cooperate fully with the Secretary-General; tion on the Granting of Independence to Colonial 6. Reaffirms the responsibility of the United Countries and Peoples, Nations towards the people of Western Sahara; Recalling its resolution 58/109 of 9 December 2003, 7. Calls upon the parties to cooperate with the Inter- Recalling also all resolutions of the General Assem- national Committee of the Red Cross in its efforts to bly and the Security Council on the question of West- solve the problem of the fate of the people unac- ern Sahara, counted for, and calls upon the parties to abide by their

YUN04—6th proofs / OF July 24 2006 Africa 279 obligations under international humanitarian law to 1 July 2002 to 30 June 2003 and other income and release without further delay all those held since the adjustments in the amount of $2,833,000, be start of the conflict; credited to Member States in a manner to be de- 8. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration termined by the Assembly. It also recommended on the Granting of Independence to Colonial Coun- that the estimated requirements in the proposed tries and Peoples to continue to consider the situation budget for 1 July 2004 to 30 June 2005 of in Western Sahara and to report thereon to the Gen- $41,990,000 be reduced by $130,000, to eral Assembly at its sixtieth session; $41,860,000, should the Security Council decide 9. Invites the Secretary-General to submit to the to continue the mandate of the Mission beyond 30 General Assembly at its sixtieth session a report on the April 2004. implementation of the present resolution. RECORDED VOTE ON RESOLUTION 59/131: GENERAL ASSEMBLY ACTION In favour: Algeria, Angola, Antigua and Barbuda, Armenia, Bahamas, Barbados, Belarus, Belize, Bolivia, Botswana, Burundi, Cambodia, Co- On 18 June [meeting 91], the General Assembly, lombia, Cuba, Democratic People’s Republic of Korea, Dominica, Egypt, Eritrea, Ethiopia, Grenada, Guinea-Bissau, Guyana, Jamaica, Kenya, Lao on the recommendation of the Fifth Committee People’s Democratic Republic, Lesotho, Liberia, Mauritius, Mexico, Mo- [A/58/830], adopted resolution 58/309 without zambique, Myanmar, Namibia, Nauru, Panama, Papua New Guinea, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the vote [agenda item 147]. Grenadines, Samoa, South Africa, Suriname, Timor-Leste, Trinidad and Tobago,Uganda, United Republic of Tanzania, Venezuela (Bolivarian Re- Financing of the United Nations Mission for public of), Viet Nam, Zambia, Zimbabwe. the Referendum in Western Sahara Against: None. Abstaining: Albania, Andorra, Argentina, Australia, Austria, Azer- The General Assembly, baijan, Bahrain, Bangladesh, Belgium, Benin, Bosnia and Herzegovina, Having considered the reports of the Secretary- Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, General on the financing of the United Nations Mis- Central African Republic, Chile, Comoros, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, CzechRepublic, DemocraticRepublic oftheCongo,Den- sion for the Referendum in Western Sahara and the re- mark, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Es- lated reports of the Advisory Committee on Adminis- tonia, Finland, France, Gabon, Germany, Greece, Guatemala, Guinea, trative and Budgetary Questions, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Ireland, Israel, Ja- pan, Jordan, Kuwait, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Lux- Recalling Security Council resolution 690(1991)of 29 embourg, Malaysia, Maldives, Malta, Marshall Islands, Monaco, Mongo- April 1991, by which the Council established the United lia, Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Norway, NationsMissionfortheReferenduminWesternSahara, Pakistan, Palau, Peru, Philippines, Poland, Portugal, Qatar, Republic of andthesubsequentresolutions by whichtheCouncilex- Moldova, Romania, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia and Montenegro, Sierra Leone, Singapore, Slovakia, tended the mandate of the Mission, the latest of which Slovenia, Somalia, Spain, Sri Lanka, Sweden, Switzerland, Thailand, The was resolution 1541(2004) of 29 April 2004, former Yugoslav Republic of Macedonia, Togo, Turkey, Ukraine, United Recalling also its resolution 45/266 of 17May 1991 on Arab Emirates, United Kingdom, United States, Uruguay, Yemen the financing of the Mission and its subsequent resolu- tions and decisions thereon, the latest of which was res- MINURSO olution 57/331 of 18 June 2003, In 2004, the military component of the United Reaffirming the general principles underlying the fi- Nations Mission for the Referendum in Western nancing of United Nations peacekeeping operations, Sahara (MINURSO), which was under the com- as stated in General Assembly resolutions 1874 (S-IV) mand of Major General György Száraz (Hun- of 27 June 1963, 3101(XXVIII) of 11 December 1973 and 55/235 of 23 December 2000, gary), continued to monitor the ceasefire be- Noting with appreciation that voluntary contributions tween the Royal Moroccan Army and the have been made to the Mission, POLISARIO forces that had been in effect since Mindful of the fact that it is essential to provide the 19 91 [YUN 1991, p. 796]. Its strength throughout the Mission with the necessary financial resources to en- year remained at approximately 230 troops, its able it to fulfil its responsibilities under the relevant authorized size. resolutions of the Security Council, 1. Takes note of the status of contributions to the MINURSO financing United Nations Mission for the Referendum in West- ern Sahara as at 15 April 2004, including the contribu- The General Assembly, at its resumed fifty- tions outstanding in the amount of 44.9 million eighth session, had before it the performance re- United States dollars, representing some 8 per cent of port on the MINURSO budget for 1 July 2002 to 30 the total assessed contributions, notes with concern June 2003 [A/58/642 & Corr.1], showing a total ex- that only thirty-three Member States have paid their as- penditure of $40,976,400 for the reporting pe- sessed contributions in full, and urges all other Mem- riod, out of an apportionment of $45,200,300; ber States, in particular those in arrears, to ensure pay- and the MINURSO budget for 1 July 2004 to 30 ment of their outstanding assessed contributions; 2. Expresses its appreciation to those Member States June 2005 [A/58/657], amounting to $44,134,700, which have paid their assessed contributions in full; inclusive of budgeted voluntary contributions in 3. Expresses concern at the financial situation with kind totalling $2,144,700. regard to peacekeeping activities, in particular as re- ACABQ, having reviewed both reports, recom- gards the reimbursements to troop contributors that mended, on 12 April [A/58/759/Add.2], that the un- bear additional burdens owing to overdue payments encumbered balance of $3,120,500 for the period by Member States of their assessments;

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4. Urges all other Member States to make every pos- estimated staff assessment income approved for the sible effort to ensure payment of their assessed contri- support account and the prorated share of 22,500 dol- butions to the Mission in full; lars of the estimated staff assessment income approved 5. Expresses concern at the delay experienced by the for the United Nations Logistics Base; Secretary-General in deploying and providing ade- 16. Decides that, for Member States that have ful- quate resources to some recent peacekeeping missions, filled their financial obligations to the Mission, there in particular those in Africa; shall be set off against their apportionment, as pro- 6. Emphasizes that all future and existing peace- vided for in paragraph 14 above, their respective share keeping missions shall be given equal and non- of the unencumbered balance and other income in the discriminatory treatment in respect of financial and total amount of 5,953,500 dollars in respect of the fi- administrative arrangements; nancial period ended 30 June 2003, in accordance with 7. Alsoemphasizesthatallpeacekeepingmissionsshall the levels set out in General Assembly resolution be provided with adequate resources for the effective 55/235, as adjusted by the Assembly in its resolution and efficient discharge of their respective mandates; 55/236 and its resolution 57/290 A of 20 December 8. Reiterates its request to the Secretary-General to 2002, taking into account the scale of assessments for make the fullest possible use of facilities and equip- 2003, as set out in its resolutions 55/5 B of 23 Decem- ment at the United Nations Logistics Base at Brindisi, ber 2000 and 57/4 B of 20 December 2002; Italy, in order to minimize the costs of procurement for 17. Decides also that, for Member States that have not the Mission; fulfilled their financial obligations to the Mission, 9. Endorses the conclusions and recommendations there shall be set off against their outstanding obliga- contained in the report of the Advisory Committee on Ad- tions their respective share of the unencumbered bal- ministrative and Budgetary Questions, and requests the ance and other income in the total amount of Secretary-General to ensure their full implementation; 5,953,500 dollars in respect of the financial period 10. Requests the Secretary-General to take all neces- ended 30 June 2003, in accordance with the scheme set sary action to ensure that the Mission is administered out in paragraph 16 above; with a maximum of efficiency and economy; 18. Decides further that the decrease of 444,800 dol- 11. Also requests the Secretary-General, in order to lars in the estimated staff assessment income in respect reduce the cost of employing General Service staff, to of the financial period ended 30 June 2003 shall be set continue efforts to recruit local staff for the Mission off against the credits from the amount referred to in against General Service posts, commensurate with the paragraphs 16 and 17 above; requirements of the Mission; 19 . Emphasizes that no peacekeeping mission shall Financial performance report for the be financed by borrowing funds from other active period from 1 July 2002 to 30 June 2003 peacekeeping missions; 12. Takes note of the report of the Secretary-General 20. Encourages the Secretary-General to continue to on the financial performance of the Mission for the pe- take additional measures to ensure the safety and riod from 1 July 2002 to 30 June 2003; security of all personnel under the auspices of the United Nations participating in the Mission; Budget estimates for the period 21. Invites voluntary contributions to the Mission in from 1 July 2004 to 30 June 2005 cash and in the form of services and supplies accepta- 13 . Decides to appropriate to the Special Account for ble to the Secretary-General, to be administered, as ap- the United Nations Mission for the Referendum in propriate, in accordance with the procedure and prac- Western Sahara the amount of 44,041,200 dollars for tices established by the General Assembly; the period from 1 July 2004 to 30 June 2005, inclusive 22. Decides to include in the provisional agenda of of 41,860,000 dollars for the maintenance of the Mis- its fifty-ninth session the item entitled “Financing of sion, 1,783,200 dollars for the support account for the United Nations Mission for the Referendum in peacekeeping operations and 398,000 dollars for the Western Sahara”. United Nations Logistics Base; Financing of the appropriation On 23 December, the Assembly decided that 14 . Decides also to apportion among Member States the agenda item on MINURSO financing would the amount of 44,041,200 dollars at a monthly rate of remain for consideration during its resumed 3,670,100dollars, in accordancewith the levels set out in fifty-ninth (2005) session (decision 59/552). General Assembly resolution 55/235, as adjusted by the Assembly in its resolution 55/236 of 23 December 2000 and updated in its resolution 58/256 of 23 December Libyan Arab Jamahiriya 2003, taking into account the scale of assessments for 2004 and 2005, as set out in its resolution 58/1 B of 23 December 2003, subject to a decision of the Security Implementation of NPT Safeguards Agreement Council to extend the mandate of the Mission; The Board of Governors of the International 15. Decides further that, in accordance with the pro- Atomic Energy Agency (IAEA), in its resolution visions of its resolution 973(X) of 15 December 1955, 2004/18 of 10 March [GOV/2004/18] (see p. 549), there shall be set off against the apportionment among welcomed the 19 December 2003 decision of the Member States, as provided for in paragraph 14 above, their respective share in the Tax Equalization Fund of Libyan Arab Jamahiriya [YUN 2003, p. 269] to aban- 3,191,600 dollars, comprising the estimated staff as- don its programmes for developing weapons of sessment income of 2,908,900 dollars approved for the mass destruction and their means of delivery,and Mission, the prorated share of 260,200 dollars of the its request to IAEA to ensure verification that all

YUN04—6th proofs / OF July 24 2006 Africa 281 its nuclear activities would be under safeguards and exclusively for peaceful purposes [YUN 2003, Southern Africa p. 550].IAEA appreciated Libya’s active coopera- tion and openness since that date to facilitate the Agency’s verification work and the elimination of those programmes. Angola

SECURITY COUNCIL ACTION The General Assembly, in resolution 59/216 of 22 December, welcomed the successful implemen- On 22 April [meeting 4949], following consulta- tation of the 2002 Memorandum of Understand- tions among Security Council members, the Pres- ing additional to the Lusaka Protocol [YUN 2002, ident made statement S/PRST/2004/10 on be- p. 221], which ended hostilities in Angola and half of the Council: created unprecedented conditions for the re- The Security Council takes note of resolution establishment and consolidation of peace in 2004/18 of 10 March 2004 of the Board of Gover- Angola. The Assembly requested Angola and nors of the International Atomic Energy Agency the United Nations, and invited international fi- regarding the implementation of the safeguards agreement of the Socialist People’s Libyan Arab nancial institutions, to prepare and organize an in- Jamahiriya, a State party to the Treaty on the Non- ternational donors conference for long-term de- proliferation of Nuclear Weapons, by which the velopment and reconstruction of the country, Board requested the Director General of the Inter- including special economic assistance (see p. 927). national Atomic Energy Agency to report a case of non-compliance to the Security Council for informa- Following completion of the mandates and tion purposes only, while commending the Socialist subsequent closure of the United Nations An- People’s Libyan Arab Jamahiriya for the actions it gola Verification Mission (UNAVEM) (in 1997) and has taken to date and those it has proposed to take to the United Nations Observer Mission in Angola remedy it. (MONUA) (in 1999), the Assembly decided on 13 The Council welcomes the decision by the Social- September 2004 to defer consideration of the ist People’s Libyan Arab Jamahiriya to abandon its agenda item on the financing of those two mis- programmes for developing weapons of mass de- struction and their means of delivery and the posi- sions and to include it in the draft agenda of tive steps taken to fulfil its commitments and obliga- its fifty-ninth (2004) session (decision 58/577). tions, including its active cooperation with the On 23 December, the Assembly decided that the International Atomic Energy Agency and the Or- item would remain for consideration during ganization for the Prohibition of Chemical Weapons. its resumed fifty-ninth (2005) session (decision The Council takes note that in its resolution 59/552). 2004/18 the Board of Governors of the Interna- tional Atomic Energy Agency recognized the deci- sion of the Socialist People’s Libyan Arab Jamahiriya as a step towards the realization of the goal of an Af- Mozambique rica and a Middle East free of weapons of mass de- struction and at peace. The General Assembly, by resolution 59/214 The Council reaffirms the need to seek to resolve of 22 December, commended Mozambique for proliferation problems by peaceful means through its efforts in the maintenance of peace, stability, political and diplomatic channels. economic growth and development and for the The Council welcomes existing and future efforts enhancement of democracy and the consolida- to assist the Socialist People’s Libyan Arab tion of national reconciliation in the country. It Jamahiriya in this task, and expresses the hope that requested the Secretary-General to make ar- the steps taken by the Socialist People’s Libyan Arab Jamahiriya would facilitate and improve interna- rangements to continue to mobilize and coordi- tional cooperation with and enhance the security of nate humanitarian and reconstruction assistance that country. to support Mozambique (see p. 930). The Council encourages the Socialist People’s Libyan Arab Jamahiriya to ensure the verified elimi- nation of all of its weapons of mass destruction pro- Zimbabwe grammes. It welcomes the roles played in that regard by the International Atomic Energy Agency and the In statements released on 15 April and 28 May Organization for the Prohibition of Chemical [S/2004/336, S/2004/447] and forwarded to the Weapons in facilitating the fulfilment of the com- Security Council, the EU Presidency condemned mitments of the Socialist People’s Libyan Arab the violence, intimidation and irregularities be- Jamahiriya, demonstrating the importance and use- fulness of existing international treaty regimes. fore and during parliamentary by-elections in The Council expresses the hope that resolution Zimbabwe. In a further statement on 23 June 2004/18 will be implemented in the spirit of contin- [S/2004/516], the EU condemned the Govern- ued cooperation. ment’s closure of a newspaper prior to elections.

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security established by the Charter of the United Other issues Nations, as provided for in Chapter VIII thereof. The Council reaffirms the statement by its Pres- ident of 20 July 2004, which underscores the impor- tance of a stronger relationship between the United Comoros Nations and regional organizations consistent with The AU Central Organ of the Mechanism for the principles set forth in Articles 52 and 53 of the Conflict Prevention, Management and Resolu- Charter. The Council, at its meeting on 19 November 2004 tion, in a communiqué issued on 30 January and in Nairobi, addressed the institutional relationship transmitted to the Security Council [S/2004/88], between the United Nations and the African Union, welcomed the signing of the Moroni agreement including their collective efforts to resolve African on 20 December 2003 on the Transitional Ar- conflicts and to promote sustainable peace, develop- rangements in the Comoros and the outcome of ment and stability. the first meeting of the Follow-up Committee on The Council, referring to the Constitutive Act of the agreement (5 - 7 January 2004), as well as the the African Union, welcomes the establishment of progress made since then in the search for a last- the Peace and Security Council of the African Union, and expresses its support for early ratifica- ing solution to the Comorian crisis. tion of the Peace and Security Protocol by all African The Central Organ authorized the deploy- States and the establishment of an African standby ment of an AU Observer Mission (MIOC) for a pe- force and an early warning system in Africa. The riod of four months, as recommended in the re- completion of these efforts will allow for better coor- port of the Chairperson of the Commission on dination of regional mechanisms to foster peace and the Situation in the Comoros. It welcomed the security, sustainable development and the eradica- tion of poverty in Africa, as set forth in the New Part- positive outcome of the meeting convened in nership for Africa’s Development. Paris on 21 January to establish the trust fund to The Council recognizes the importance of support the ongoing transition in the Comoros. strengthening cooperation with the African Union in order to help build its capacity to deal with collec- tive security challenges, including through the estab- Cooperation between the AU lishment of rapid and appropriate responses to and the UN system emerging crisis situations and the development of In 2004, the Security Council, at its 19 Novem- effective strategies for conflict prevention, peace- keeping and peacebuilding. ber meeting [meeting 5084] in Nairobi, considered The Council welcomes, in this regard, the provi- its institutional relationship with the AU. The sion by the United Nations and donors of technical, representative of the AU Chairman, in his address logistical and military planning support to the Afri- to the Council, drew attention to the various areas can Union in the establishment of African Union of cooperation between the United Nations and peace and security mechanisms and operations. the AU, particularly in the establishment of the The Council particularly welcomes the leading AU Peace and Security Council, the Military Staff role of the African Union in efforts to settle crises on Committee, the African Standby Force and the the African continent, and expresses its full support for the peace initiatives conducted by the African early warning system in Africa (see p. 114). He Union, and through subregional organizations such hoped that the cooperation for capacity-building as the Economic Community of West African States, in Africa would be further enhanced in all those the Southern African Development Community, the areas. He also praised support for the AU Com- Central African Economic and Monetary Com- mission and the New Partnership for Africa’s munity, the Intergovernmental Authority on Devel- Development. opment and other regional agreements committed to the peaceful settlement of disputes in Africa. The The EU, in a 25 May statement [S/2004/444], Council underlines the importance of being kept welcomed the launching of the AU Peace and fully informed, consistent with Article 54 of the Security Council. Charter. The Council also welcomes the strengthening of SECURITY COUNCIL ACTION practical cooperation between the United Nations On 19 November [meeting 5084], following con- and the African Union, as demonstrated in the case sultations among Security Council members, the of the African Mission in the Sudan and the African President made statement S/PRST/2004/44 on Mission in Burundi, to support and enhance the management and operational capacities of the Afri- behalf of the Council: can Union in the field of peacekeeping and peace- The Security Council reiterates its primary re- building. sponsibility for the maintenance of international The Council calls upon the international com- peace and security, and recalls that cooperation with munity to support the efforts of the African Union to regional and subregional organizations in matters strengthen its capacities for peacekeeping, conflict relating to the maintenance of peace and security is resolution and post-conflict reconstruction, through an important pillar of the system of collective the provision of information, training, expertise and

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resources, and to support the activities of the United its resolutions 57/7of 4 November 2002 and 58/233 of Nations and its agencies in this regard. 23 December 2003, and welcoming the renewed com- The Council further invites the Secretary-General mitments by the international community to support to explore, in close consultation with the Chair- the New Partnership and other related initiatives for person of the African Union Commission, new Africa, means of cooperation between the United Nations Welcoming decision AU/Dec.38(III) adopted by the and the African Union, especially taking into consid- third ordinary session of the Assembly of the African eration the expanded mandate and the new organs Union, on the implementation of the New Partner- of the African Union. ship, Bearing in mind the Declaration and the Plan of Report of Secretary-General. The Secretary- Action contained in the document entitled “A world fit General, in his 1 September consolidated report for children”, adopted at the special session of the on cooperation between the United Nations and General Assembly on children, held in New York from 8 to 10 May 2002 and the African Common Position on regional and other organizations [A/59/303], said Children, endorsed by the Assembly of Heads of State that consultations continued to be held on a regu- and Government of the Organization of African Unity lar basis and at all levels between the United at its thirty-seventh ordinary session, held in Lusaka Nations and the AU. He described specific areas from 9 to 11 July 2001, of cooperation between them and efforts to Appreciating the continuous efforts of African coun- strengthen that cooperation. tries in mainstreaming gender perspectives and the empowerment of women in decision-making organs, GENERAL ASSEMBLY ACTION and in this regard welcoming the Solemn Declaration on Gender Equality in Africa, adopted at the third or- On 20 December [meeting 74], the General As- dinary session of the Assembly of the African Union, sembly adopted resolution 59/213 [draft A/59/L.54 Taking note of the Plan of Action on the Family in Af- & Add.1] without vote [agenda item 56 (a)]. rica launched by the African Union at its extraordi- nary summit meeting on the family in Africa, held in Cooperation between the United Nations Cotonou, Benin, from 25 to 27 July 2004, as Africa’s and the African Union contribution to the celebration of the tenth anniver- The General Assembly, sary of the International Year of the Family, Having considered the report of the Secretary- Taking note also of the Declaration on Employment General on cooperation between the United Nations and Poverty Alleviation in Africa adopted at the ex- and regional and other organizations, traordinary summit meeting of the African Union on Recalling the provisions of Chapter VIII of the employment and poverty alleviation in Africa, held in Charter of the United Nations, as well as its resolu- Ouagadougou from 3 to 9 September 2004, tions 55/218 of 21 December 2000, 56/48 of 7 Decem- Noting the efforts to be undertaken by the African ber 2001 and 57/48 of 21 November 2002, Union and its organs and regional economic commu- Recalling also the principles enshrined in the Consti- nities and bodies in the area of economic integration, tutive Act of the African Union adopted at the meeting and the need to accelerate the process of the full estab- of the Heads of State and Government of the African lishment and consolidation of the African Union so as Union, held in Lomé from 10 to 12 July 2000, to achieve sustainable development, Recalling further the decisions and declarations Stressing the urgent need to address the plight of ref- adopted by the Assembly of the African Union at its ugees and internally displaced persons in Africa, and first, second and third ordinary sessions, held in noting in this context decision EX.CL/Dec.127(V) on Durban, South Africa, on 9 and 10 July 2002, in the situation of refugees, returnees and displaced per- Maputo from 10 to 12 July 2003 and in Addis Ababa sons in Africa, adopted by the Executive Council of the from 6 to 8 July 2004, respectively, African Union at its fifth ordinary session, held in Welcoming the entry into force of the Protocol relat- Addis Ababa from 30 June to 3 July 2004, and the con- ing to the Establishment of the Peace and Security ference convened by the African Parliamentary Union Council of the African Union, on 26 December 2003, and the United Nations High Commissioner for Refu- and the policy framework document on the establish- gees on “Refugees in Africa: the challenges of protec- ment of an African standby force and a military staff tion and solutions”, held in Cotonou from 1 to 3 June committee, 2004, Welcoming also the statement by the President of the Recognizing the importance of developing and main- Security Council at the 5084th meeting of the Security taining a culture of peace, tolerance and harmonious Council, held in Nairobi on 19 November 2004, on the relationships based on the promotion of economic de- institutional relationship with the African Union, velopment, democratic principles, good governance, Welcoming further the Vision and Mission of the Afri- the rule of law, human rights, social justice and inter- can Union and the proposals contained in the Strategic national cooperation, as reflected in the Constitutive Plan of the Commission of the African Union, as Act of the African Union and the Declaration on De- adopted at the meeting of the Heads of State and Gov- mocracy, Political, Economic and Corporate Govern- ernment of the African Union, held in Addis Ababa ance of the New Partnership for Africa’s Development, from 6 to 8 July 2004, Stressing the need for extending the scope of co- Bearing in mind the United Nations Declaration on operation between the United Nations and the African the New Partnership for Africa’s Development, con- Union in the area of combating illegal exploitation of tained in its resolution 57/2of 16 September 2002, and natural resources,

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Emphasizing the importance of the effective, coordi- 6. Requests the agencies of the United Nations nated and integrated implementation of the United system working in Africa to include in their pro- Nations Millennium Declaration, the Doha Develop- grammes at the national, subregional and regional lev- ment Agenda, the Monterrey Consensus of the Inter- els, activities to support African countries in their national Conference on Financing for Development efforts to enhance regional economic cooperation and and the Plan of Implementation of the World Summit integration; on Sustainable Development (“Johannesburg Plan of 7. Invites the Secretary-General to request the Implementation”), United Nations system to enhance its support to the Welcoming the adoption of the Protocol establishing African Union in the implementation of its Vision and the African Court on Human and Peoples’ Rights to Mission and the Strategic Plan of the Commission of complement the African Commission on Human and the African Union, particularly in the following areas: Peoples’ Rights, (a) Setting up of support structures and manage- Acknowledging the entry into force of the 1999 Al- ment; giers Convention on the Prevention and Combating of (b) Adaptation of structure to strategy and Terrorism, and noting the centrality of international strengthening of skills in institutional consolidation; partnership and cooperation between the African (c) Modernization of information and communica- Union, the relevant United Nations organs and the tion technology and advancement of indigenous tech- wider international community in the global fight nology; against terrorism, (d) Building of internal capacity to mainstream Taking note of the Abuja Declaration on HIV/AIDS, gender; Tuberculosis and Other Related Infectious Diseases, (e) Promotion of free and democratic elections; and the Framework for Action thereon, and the (f) Disaster management; Maputo Declaration on Malaria, HIV/AIDS, Tubercu- (g) Integrated health system in Africa; losis and Other Related Infectious Diseases, (h) Elaboration of an African social policy model: Acknowledging the contribution of the United children first; Nations Liaison Office in strengthening coordination (i) Support for the African Committee of Experts and cooperation between the African Union and the on the Rights and Welfare of the Child; United Nations, as well as the need to consolidate it so (j) Global advocacy for the African Union vision, to as to enhance its performance, consolidate integration and promote sustainable devel- opment in Africa; Convinced that strengthening cooperation between the United Nations and the African Union and its or- 8. Requests the United Nations system, while ac- gans will contribute to the advancement of the princi- knowledging its primary role in the promotion and ples of the Constitutive Act of the African Union and maintenance of international peace and security, to in- to the development of Africa, tensify its assistance to the African Union, as appropri- ate, in strengthening the institutional and operational 1. Takes note with appreciation of the report of the capacity of its Peace and Security Council, in particu- Secretary-General; lar in the following areas: 2. Welcomes the cooperation between the African (a) Development of its early warning system, in- Union and the United Nations and, in this respect, the cluding the Situation Room of the Peace and Security continuing participation in and constructive contribu- Directorate; tion of the African Union and its specialized agencies (b) Training of civilian and military personnel, in- to the work of the United Nations, and calls upon the cluding a staff exchange programme; two organizations to enhance the involvement of the (c) Regular and continued exchange and coordina- African Union in all United Nations activities concern- tion of information, including between the early warn- ing Africa; ing systems of the two organizations; 3. Stresses the need for closer cooperation and coor- (d) Peace support missions of the African Union in dination between the African Union and the United its various member States, in particular in the area of Nations, and urges the United Nations system to con- communication and other related logistical support; tinue to support the African Union on an ongoing (e) Capacity-building for peacebuilding before and basis in accordance with the Cooperation Agreement after the termination of hostilities on the continent; between the two organizations as well as other memo- (f) Support for the Peace and Security Council in randums of understanding; taking humanitarian action on the continent in accord- 4. Calls upon the Secretary-General to involve the ance with the Protocol relating to the Establishment of African Union and its organs closely in the implemen- the Peace and Security Council; tation of the commitments contained in the United (g) Establishment of the African standby force and Nations Millennium Declaration, especially those that the military staff committee; relate to addressing the special needs of Africa; 9. Invites the Secretary-General to explore, in close 5. Invites the Secretary-General to request all rele- consultation with the Chairperson of the Commission vant United Nations agencies to intensify their co- of the African Union, new means of cooperation be- operation with the African Union in the establishment tween the United Nations and the African Union, es- of its organs, including through the implementation pecially taking into consideration the expanded man- of the protocols to the Constitutive Act of the African date and the new organs of the African Union; Union and the Treaty establishing the African Eco- 10. Urges the United Nations to encourage donor nomic Community, and to assist in the effective harmo- countries, in consultation with the African Union, to nization of the programmes of the African Union with contribute to adequate funding, training and logistical those of the regional economic communities; support for African countries in their efforts to en-

YUN04—6th proofs / OF July 24 2006 Africa 285 hance their peacekeeping capabilities, with a view to strategy, including through joint programmes and ac- enabling those countries to participate actively in tivities, for the promotion and protection of human peacekeeping operations within the framework of the rights in Africa, within the framework of the imple- Protocol relating to the Establishment of the Peace and mentation of regional and international treaties, reso- Security Council and the framework of the United lutions and plans of action adopted by the two organi- Nations; zations; 11. Stresses the urgent need for the United Nations 20. Urges the United Nations system to increase its and the African Union to develop close cooperation support for Africa in the implementation of the decla- and concrete programmes aimed at addressing the ration of the extraordinary summit meeting of the As- problems posed by the proliferation of small arms and sembly of Heads of State and Government of the Or- light weapons and anti-personnel mines, within the ganization of African Unity on HIV/AIDS, tuberculosis framework of the relevant declarations and resolutions and other related infectious diseases, and the Declara- adopted by the two organizations; tion of Commitment on HIV/AIDS, so as to arrest the 12. Calls upon the United Nations system and the spread of these diseases, inter alia, through sound international community to continue to support the capacity-building in human resources; New Partnership for Africa’s Development and its Peer Review Mechanism as African-owned and led initia- 21. Invites the United Nations system and the inter- tives and programmes of the African Union; national community to provide adequate support to 13 . Calls upon the United Nations system, the Afri- the African Commission on Human and Peoples’ can Union and the international community to inten- Rights, aimed at finalizing the process leading to the sify their cooperation in the global fight against terror- establishment of the African Court on Human and ism through the implementation of the relevant Peoples’ Rights; international and regional treaties and protocols and, 22. Urges the United Nations system speedily to im- in particular, the African Plan of Action adopted in Al- plement resolution 58/149 of 22 December 2003 on as- giers on 14September 2002, as well as their support for sistance to refugees, returnees and displaced persons the operation of the African Centre for Studies and in Africa, and effectively to support African countries Research on Terrorism, inaugurated in Algiers in Oc- in their effort to incorporate the problems of refugees tober 2004; into national and regional development plans; 14 . Calls upon the United Nations system to inten- 23. Urges the Secretary-General to encourage the sify its efforts, in collaboration with the African United Nations system to work towards ensuring the Union, in combating illegal exploitation of natural re- effective and equitable representation of African men sources, particularly in conflict areas, in accordance and women at senior and policy levels at the respective with relevant resolutions and decisions of the United headquarters of its organizations and in their regional Nations and the African Union; fields of operation; 15. Encourages the United Nations system to effec- 24. Requests the United Nations system to cooperate tively support the efforts of the African Union in urg- with the African Union and its member States in the ing the international community to duly implement implementation of appropriate policies for the promo- the Doha Development Agenda, including negotia- tion of the culture of democracy, good governance, re- tions aimed at substantial improvements in market ac- spect for human rights and the rule of law, and the cess to promote sustainable growth in Africa; strengthening of democratic institutions which will 16. Invites the United Nations system to enhance its enhance the popular participation of the peoples of support to African countries in their efforts to imple- the continent in these issues, in accordance with the ment the Johannesburg Plan of Implementation; purposes and principles of the Constitutive Act of the 17. Encourages the United Nations to take special African Union and the New Partnership for Africa’s measures to address the challenges of poverty eradica- Development; tion through debt cancellation, enhanced official de- velopment assistance, increases in flows of foreign di- 25. Calls upon the United Nations system and in- rect investments, as well as transfers of technology; vites the Bretton Woods institutions to support, with- 18. Calls upon the United Nations system to acceler- in their respective mandates, and where necessary ate the implementation of the Plan of Action con- and possible, the establishment of the institutional tained in the document entitled “A world fit for chil- structures of the African Union, including the Pan- dren”, adopted at the special session of the General African Parliament, the Court of Justice, the Eco- Assembly on children, and to provide assistance, as ap- nomic, Social and Cultural Council and the Financial propriate, to the African Union and its member States Institutions; in this regard; 26. Requests the Secretary-General to report to the 19 . Calls upon the United Nations system and the General Assembly at its sixty-first session on the imple- African Union to develop a coherent and effective mentation of the present resolution.

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