United Nations (New York)

Sudan: Security Council Extends for One Year Mandate of Expert Panel Monitoring Sanctions Imposed On Individuals, Entities Impeding Peace in Sudan

Expressing concern that some technical assistance to Sudan could be used for military purposes by the Government, the Security Council today unanimously adopted a resolution that extended until 17 February 2014 the mandate of the Panel of Experts that monitors the arms embargo and sanctions against those impeding peace in Sudan.

In the resolution 2091 (2013) adopted under Chapter VII of the United Nations Charter, the 15-member body expressed its concern that the direct or indirect supply, sale or transfer to Sudan of technical assistance and support - including training, financial or other assistance and the provision of spare parts, weapons systems and related materiel - could be used by the Government of Sudan to support military aircraft being used in violation of relevant resolutions. In that regard, all States were urged to be mindful of that risk.

Further, the Council requested the Panel to present a midterm briefing on its work no later than 31 July 2013, an interim report to the Sudan Sanctions Committee no later than 90 days after the resolution's adoption, and a final report containing its findings and recommendations to the Council no later than 30 days prior to the expiration of its mandate.

The Council also requested the Panel to provide monthly updates to the Committee regarding its activities, including Panel travel, any obstacles to the fulfilment of its mandate, as well as violations of the sanctions, and to continue to coordinate its activities with the African Union-United Nations Hybrid Operation in Darfur (UNAMID) and with international efforts to promote political process in Darfur.

By the text, the Panel was also asked to assess progress towards removing impediments to the political process, threats to stability in Darfur and the region, violations of international humanitarian or human rights law or other atrocities, including sexual and gender-based violence and grave violations and abuses against children, and to provide the Sanctions Committee with information on the individuals and entities that meet the criteria for listing.

After the adoption, Sudan's representative said his Government continued to cooperate with the Sanctions Committee and the Expert Panel since its creation in 2005. That cooperation would continue, but if any member of the Panel happened to be involved in any activities that constituted a threat to national security, the Sudanese Government could refuse to cooperate. His delegation felt that such a member should be replaced. The Council's concern about possible use of technical assistance for military purposes by the Sudanese Government was a "fallacious" claim because Sudan used its air capacities only for peaceful and civilian purposes, he said.

The meeting began at 10:08 a.m. and ended at 10:13 a.m.

Resolution

The full text of resolution 2091 (2013) reads as follows:

"The Security Council,

"Recalling its previous resolutions and statements of its President concerning Sudan,

"Reaffirming its commitment to the cause of peace throughout Sudan, to the sovereignty, independence, unity and territorial integrity of Sudan, to the full and timely implementation of resolution 1591 (2005) and recalling the importance of the principles of good neighbourliness, non-interference and cooperation in the relations among States in the region,

"Recognizing that the Darfur conflict cannot be resolved militarily and a durable solution can only be obtained through an inclusive political process,

"Reiterating its full support for efforts to reach a comprehensive and inclusive solution to the conflict in Darfur, welcoming the Doha Document for Peace in Darfur as a basis for these efforts, and reiterating the need for the completion of the political process, and an end to the violence and abuses in Darfur,

"Urging the Government of Sudan and the Liberation and Justice Movement (LJM) to deliver on the commitments made in the Doha Document for Peace in Darfur, and urging all parties, in particular other armed movements who have not signed the Doha Document for Peace in Darfur, to engage immediately and without preconditions and to make every effort to reach a comprehensive peace settlement on the basis of the DDPD, and to agree upon a permanent ceasefire without further delay,

"Expressing concern about the political and military links between non-signatory armed groups in Darfur and groups outside Darfur, and demanding that any form of direct or indirect external support for such groups ceases, and condemning any actions by any armed group aimed at forced overthrow of the Government of Sudan,

"Demanding that the parties to the conflict exercise restraint and cease military action of all kind, including aerial bombardments,

"Demanding an immediate and complete cessation by all parties to armed conflict of all acts of sexual violence against civilians in line with resolutions 1325 (2000), 1820 (2008), 1888 (2009), and 1889 (2009); recruitment and use of children and other grave violations and abuses against children in line with resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012); and indiscriminate attacks on civilians in line with resolution 1894 (2009),

"Commending the efforts of, and reiterating its full support for, the African Union-United Nations Hybrid Operation in Darfur (UNAMID), the Joint African Union/United Nations Mediation, the United Nations Secretary-General, the African Union High-level Implementation Panel on Sudan, and the leaders of the region to promote peace and stability in Darfur, and expressing strong support for the political process under the African Union/United Nations-led mediation,

"Deploring the continued obstacles that have been imposed by the Government of Sudan on the work of the Panel of Experts during the course of its mandate, including delays in the issuance of visas, restrictions to the freedom of movement of the Panel of Experts and UNAMID, and limitations on the Panel of Experts' access to areas of armed conflict and reported violations of human rights and international humanitarian law, while noting the improved interaction between the Focal Point of the Government of Sudan and the Panel of Experts,

"Further deploring the three incidents of interference by the Government of Sudan with the work of the Panel of Experts, as set out in paragraphs 20 to 24 of the Final Report of the Panel of Experts (S/2013/79),

"Welcoming the enhanced cooperation and information sharing between UNAMID and the Panel of Experts, called for by the Department of Peacekeeping Operations' guidelines and with the assistance of the UNAMID focal point,

"Recalling the 24 January 2013 Final Report by the Panel of Experts appointed by the Secretary-General pursuant to paragraph 3 (b) of resolution 1591 (2005) and extended by subsequent resolutions, and expressing its intent to further study, through the Committee, the Panel's recommendations and to consider appropriate next steps,

"Emphasizing the need to respect the provisions of the Charter concerning privileges and immunities, and the Convention on the Privileges and Immunities of the United Nations, as applicable to United Nations operations and persons engaged in such operations,

"Reminding all States, particularly States in the region, of the obligations contained in resolutions 1556 (2004), 1591 (2005), and 1945 (2010) in particular those obligations relating to arms and related materiel,

"Stressing the necessity articulated in the Doha Document for Peace in Darfur that all Parties to the armed conflict in Darfur shall fully and unconditionally accept their obligations under international humanitarian law, international human rights law, and relevant Security Council resolutions,

"Calling on the Government of Sudan to fulfil all its commitments, including lifting the state of emergency in Darfur, allowing free expression and undertaking effective efforts to ensure accountability for serious violations of international human rights and humanitarian law, by whomsoever perpetrated,

"Emphasizing the imperative, highlighted in the Doha Document for Peace in Darfur, for all armed actors to refrain from all acts of violence against civilians, in particular vulnerable groups such as women and children, and from violations of human rights and international humanitarian law and the need to address the urgent humanitarian crisis faced by the people of Darfur, including the guarantee of safe, timely and unrestricted humanitarian access to all areas by humanitarian agencies and personnel,

"Noting that acts of hostility, violence or intimidation against the civilian population, including IDPs, in Darfur and other activities that could endanger or undermine the Parties' commitment to a complete and durable cessation of hostilities would be inconsistent with the Doha Document for Peace in Darfur,

"Determining that the situation in Sudan continues to constitute a threat to international peace and security in the region,

"Acting under Chapter VII of the Charter of the United Nations,

"1. Decides to extend until 17 February 2014 the mandate of the Panel of Experts, originally appointed pursuant to resolution 1591 (2005) and previously extended by resolutions 1651 (2005), 1665 (2006), 1713 (2006), 1779 (2007), 1841 (2008), and 1891 (2009), 1945 (2010), 1982 (2011) and 2035 (2012) and requests the Secretary-General to take the necessary administrative measures, including basing arrangements, as expeditiously as possible;

"2. Expresses its concern that the direct or indirect supply, sale or transfer to Sudan of technical assistance and support, including training, financial or other assistance and the provision of spare parts, weapons systems and related materiel, could be used by the Government of Sudan to support military aircraft being used in violation of resolutions 1556 (2005) and 1591 (2005), including those aircraft identified by the panel, and urges all States to be mindful of this risk in light of the measures contained in resolution 1591 (2005);

"3. Requests the Panel of Experts to provide no later than 31 July 2013, a midterm briefing on its work and no later than 90 days after the adoption of this resolution an interim report to the Committee established pursuant to paragraph 3 (a) of resolution 1591 (2005) (hereinafter "the Committee") and a final report no later than 30 days prior to termination of its mandate to the Council with its findings and recommendations;

"4. Requests the Panel of Experts to provide monthly updates to the Committee regarding its activities, including Panel travel, any obstacles encountered to the fulfilment of its mandate, as well as violations of the sanctions;

"5. Requests the Panel of Experts to report, in the timeframe identified in paragraph 3, on the implementation and effectiveness of paragraph 10 of resolution 1945 (2010);

"6. Requests the Panel of Experts to continue to coordinate its activities as appropriate with the operations of the United Nations-African Union Hybrid Operation in Darfur (UNAMID) and with international efforts to promote the political process in Darfur, and to assess in its interim and final reports progress towards reducing violations by all parties of the measures imposed by paragraphs 7 and 8 of resolution 1556 (2005), paragraph 7 of resolution 1591 (2005), and paragraph 10 of resolution 1945 (2010), progress towards removing impediments to the political process, threats to stability in Darfur and the region, violations of international humanitarian or human rights law or other atrocities, including sexual and gender-based violence and grave violations and abuses against children, and other violations of the above-mentioned resolutions, and to provide the Committee with information on the individuals and entities that meet the listing criteria in paragraph 3 (c) of resolution 1591;

"7. Regrets that some individuals affiliated with the Government of Sudan and armed groups in Darfur, continue to commit violence against civilians, impede the peace process, and disregard the demands of the Council, expresses its intention to impose targeted sanctions against individuals and entities that meet the listing criteria in paragraph 3 (c) of resolution 1591 (2005), and encourages the Panel of Experts, in coordination with the Joint African Union/United Nations Mediation, to provide to the Committee when appropriate the names of any individuals, groups, or entities that meet the listing criteria;

"8. Requests the Panel of Experts to continue to investigate the role of armed, military, and political groups in attacks against UNAMID personnel in Darfur, and notes that individuals and entities who plan, sponsor or participate in such attacks constitute a threat to stability in Darfur and may therefore meet the designation criteria provided for in paragraph 3 (c) of resolution 1591 (2005);

"9. Expresses its concern that certain items continue to be converted for military purposes and transferred to Darfur, and urges all States to be mindful of this risk in light of the measures contained in resolution 1591 (2005);

"10. Calls on the Government of Sudan to remove all restrictions, limitations and bureaucratic impediments imposed on the work of the Panel of Experts, including by issuing timely multiple-entry visas to all members of the Panel of Experts for the duration of its mandate, and by waiving the requirement of Darfur travel permits for said Panel members;

"11. Urges the Government of Sudan to respond to the Committee's requests on measures put in place to protect civilians in various parts of Darfur, including those affected by new displacements; investigations conducted and accountability measures undertaken for killings of civilians and perpetrators of human rights abuses and violations of international humanitarian law, including notably the killings of civilians in Abu Zereiga in June 2011, Hashaba in August 2012 and Sigili in November 2012; investigations conducted and accountability measures undertaken for attacks against peacekeepers and humanitarian personnel; and the situation of civilian populations in areas such as eastern Jebel Marra, where the Panel of Experts, UNAMID and humanitarian agencies and personnel have been denied access, and measures taken to allow unimpeded and regular access for humanitarian relief to these areas;

"12. Urges all States, relevant United Nations bodies, the African Union and other interested parties, to cooperate fully with the Committee and the Panel of Experts, in particular by supplying any information at their disposal on implementation of the measures imposed by resolution 1591 (2005) and resolution 1556 (2004);

"13. Urges all States, in particular those in the region, to report to the Committee on the actions they have taken to implement measures imposed by resolutions 1591 (2005) and 1556 (2004), including imposition of targeted measures;

"14. Expresses its concern that the travel ban and asset freeze on designated individuals is not being implemented by all Member States, and requests the Committee to respond effectively to any reports of non-compliance by Member States with paragraph 3 of resolution 1591 (2005) and resolution 1672 (2006), including by engaging with all relevant parties;

"15. Expresses its intention, following the midterm report, to review the state of implementation, including obstacles to full and effective implementation of the measures, imposed in resolution 1591 (2005) and 1945 (2010), with a view to ensuring full compliance;

"16. Reaffirms the mandate of the Committee to encourage dialogue with interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures and further encourages the Committee to continue its dialogue with UNAMID;

"17. Welcomes the Committee's work, which has drawn on the reports of the Panel of Experts and taken advantage of the work done in other fora, to draw attention to the responsibilities of private sector actors in conflict affected areas;

"18. Decides to remain actively seized of the matter."

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