United Nations (New York)
1 August 2008
document
With less than two hours left before the mandate of the African Union-United Nations Hybrid Operation in Darfur (UNAMID) expired, the Security Council extended its mandate for a further 12 months this evening following extended consultations.
The Council adopted resolution 1828 (2008) by 14 votes in favour, with the United States abstaining. While welcoming and expressing strong support for the mandate extension, the representative of the United States said he had abstained because the language of the resolution would send the wrong message to President Omer al-Bashir of Sudan and undermine efforts to bring him and others to justice.
Several other speakers referred to preambular paragraph 9 of the resolution, by which the Council took note of the African Union’s concerns and those of several Council members regarding potential developments following the application by the Prosecutor of the International Criminal Court for an arrest warrant against the Sudanese President on charges of genocide, war crimes and crimes against humanity.
The representative of the Russian Federation said he had serious concerns about the negative developments that might follow the Prosecutor’s request. The possibility of hard-line rebel groups taking advantage of that situation to step up their campaign against the Government in Darfur could not be ruled out.
Belgium’s representative, however, was among the delegates who would have preferred to see stronger language on fighting impunity, voicing support for the work of the International Criminal Court and its pursuit of international justice. Belgium looked forward to the decision of the Pre-Trial Chamber on the Chief Prosecutor’s indictment request.
The representative of the United Kingdom, the resolution’s sponsor, said the Council had taken no position regarding the question of whether to act on the Prosecutor’s proposal to indict the President of Sudan. It was not right to consider that issue as part of the renewal resolution. In resolution 1593 (2005), the Council had decided that the situation in Darfur warranted an investigation by the International Criminal Court, but that discussion would raise profound questions about the relation between peace and justice. It was not something the Council should rush into.
Libya’s representative said his delegation had participated in the negotiations under the basic understanding that the purpose of the resolution was to extend UNAMID’s mandate and ensure its effective deployment, without bringing in other issues. Some of the elements that others had wanted included in the resolution had become mixed up with other issues since the Chief Prosecutor’s application, which was heightening the fears of the League of Arab States and the African Union, the main partner of the United Nations in the international effort to resolve the situation in Darfur. That was what had led Libya and others to propose amendments highlighting the negative impact of the Prosecutor’s action, which could undermine peace efforts as a whole.
China’s representative supported the request by the African Union and other Council members to suspend the indictment, saying no progress would be possible on Darfur without the full cooperation of the Sudanese Government. The indictment was “an inappropriate decision made at an inappropriate time” and would undermine the trust between Sudan and the United Nations while harming the fragile security situation in Darfur.
Sudan’s representative said his country was “really happy” the Council had adopted the resolution to renew UNAMID’s mandate. Sudan had been and would continue to be fully committed to the Operation’s full deployment. The Council, in turn, should be fully supportive of the removal of all impediments to such deployment, including addressing the decision of the International Criminal Court’s Chief Prosecutor and putting and end to the actions of rebel groups, some factions of which had recently tried to seize the Sudanese capital, Khartoum. Indeed, the Council must be wary of sending mixed signals. The resolution adopted today was a positive step and the Council should continue to support national efforts under way to ensure peace in Darfur and wider Sudan.
By today’s resolution, the Council deplored the deterioration of the security and humanitarian situation in Darfur, one year after the decision to deploy UNAMID to quell violence in Sudan’s western region. It welcomed the Secretary-General’s intention to deploy 80 per cent of the force by 31 December 2008, and urged the Government of Sudan, troop contributors, donors, the United Nations Secretariat and all stakeholders to do everything possible all to facilitate deployment.
The Council welcomed the agreement by the Government of Sudan to the Mission’s deployment plan and its signing of a status-of-forces agreement, but demanded that the Government comply with it fully and without delay. It also underlined the need for the joint Mission to make full use of its current mandate and capabilities to protect civilians, ensure humanitarian access and work with other United Nations agencies.
By other provisions of the text, the Council demanded that the Government and all armed groups in Sudan ensure the expeditious deployment of UNAMID and remove all obstacles to the proper discharge of its mandate, including by ensuring its security and freedom of movement. It demanded an end to violence, to attacks on civilians, peacekeepers and humanitarian personnel, and to other violations of human rights and international humanitarian law in Darfur. The Council further demanded that all parties cease hostilities and immediately commit themselves to a sustained and permanent ceasefire.
Welcoming the appointment of Djibrill Yipènè Bassolé as Joint African Union-United Nations Chief Mediator, the Council encouraged the mediation to consult with all relevant parties on security issues, with a view to a more effective ceasefire commission, working closely with UNAMID. The Council called upon Sudan and Chad to abide by existing agreements and end support for rebel groups.
Also speaking today were representatives of Costa Rica, Croatia, Burkina Faso, France, Indonesia, Italy and Viet Nam.
The meeting began at 9:40 p.m. and ended at 10:45 p.m.
Resolution
The full text of resolution 1828 (2008) reads as follows:
“The Security Council,
“Reaffirming all its previous resolutions and presidential statements concerning the situation in Sudan,
“Reaffirming its strong commitment to the sovereignty, unity, independence and territorial integrity of Sudan and its determination to work with the Government of Sudan, in full respect of its sovereignty, to assist in tackling the various challenges in Sudan,
“Recalling also its previous resolutions 1325 (2000) and 1820 (2008) on women, peace and security, 1502 (2003) on the protection of humanitarian and United Nations personnel, 1612 (2005) on children and armed conflict and the subsequent conclusions on the Sudan of the Working Group on Children in Armed Conflicts (S/AC.51/2008/7) as approved by the Council, and 1674 (2006) on the protection of civilians in armed conflict, which reaffirms inter alia the relevant provisions of the United Nations World Summit outcome document, as well as the report of its Mission to Sudan from 3 to 6 June 2008,
“Welcoming the report of the Secretary-General and the Chairperson of the African Union Commission of 7 July 2008, and recalling the confirmation of President Bashir during his meeting with the Council that UNAMID shall be deployed in full,
“Deploring, one year after the adoption of resolution 1769 (2007), the deterioration in the security and humanitarian situation in Darfur,
“Stressing the need to enhance the safety and security of UNAMID personnel,
“Noting with strong concern ongoing attacks on the civilian population and humanitarian workers and continued and widespread sexual violence, including as outlined in the reports of the Secretary-General,
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