[The French text of the Press Release and Resolution 2127 can be found here.]
Central African Republic: Security Council approves new peacekeeping force, UN News Centre, December 5, 2013.
According to the UN News Centre news report,
5 December 2013 – Seriously concerned that the new dynamic of violence and retaliation in the Central African Republic (CAR) could divide the country along religious and ethnic lines and potentially “spiral into an uncontrollable situation,” the United Nations Security Council today authorized an African-led and French-backed peacekeeping force to quell the spiralling violence.
With the deteriorating situation in the CAR “characterized by a total breakdown of law and order” and widespread human rights abuses, notably by former Séléka rebels and militia groups, the Council unanimously adopted a resolution authorizing the International Support Mission, an African Union (AU) peacekeeping force known by its French acronym MISCA, as well as the deployment of French troops to assist it.
Authorizing the expanded force for an initial 12-month period, the wide-ranging text requests Secretary General Ban Ki-moon to set up a trust fund to support MISCA and for support, in coordination with the European Union, the holding of a donors conference that would be organized by the AU.
Mr. Ban was further called on to “undertake expeditiously” contingency preparations and planning for the possible transformation of MISCA into a UN peacekeeping operation, and stressed that a future decision of the Council would be required to establish such a mission.
The resolution also imposes a sanctions regime, including a year-long embargo banning the sale or transfer to CAR of weapons of all types, including “ammunition, military vehicles and paramilitary equipment.” The Council further expresses its “strong intent to swiftly consider imposing targeted measures, including travel bans and assets freezes, against individuals who act to undermine the peace, stability and security.”
Through a related provision, the text establishes a Security Council Committee to monitor implementation of those measures and to review information regarding individuals who may be engaging in any of the proscribed actions. The new Committee would report to the wider Council within 60 days on its work.
By other terms, the resolution requests that the UN chief to rapidly establish an international commission of inquiry for an initial one-year period, including experts in both international humanitarian law and human rights law, in order to immediately investigate reports of violations of such laws and human rights abuses in CAR by all parties since 1 January 2013.
The 12-page resolution cites a range of grave concerns regarding the humanitarian situation and activities of armed groups, including the continued activity in the CAR of the Lord’s Resistance Army (LRA). The Council condemns all human rights abuses and violence targeting members of ethnic and religious groups and their leaders.
A Security Council Press
The text of the Press Release in English follows:
SECURITY COUNCIL, UNANIMOUSLY ADOPTING RESOLUTION 2127 (2013), MANDATES MISSION IN CENTRAL AFRICAN REPUBLIC TO PROTECT CIVILIANS, RESTORE STATE AUTHORITY
Permanent Representative Says Text Gives His People Reason to Hope for New Dawn
The Security Council today authorized both the deployment of the African-led International Support Mission in the Central African Republic, known as MISCA, and the French troops already stationed in the strife-torn nation to support, by all necessary measures, the Mission in discharging its mandate.
Unanimously adopting resolution 2127 (2013), under the United Nations Charter’s Chapter VII, the Council mandated MISCA to help protect civilians, stabilize the country and restore State authority over the territory, as well as create conditions conducive to the provision of humanitarian assistance. To finance such efforts, the Council requested the Secretary-General to establish a trust fund for MISCA, through which Member States and international, regional and subregional organizations could provide financial support.
In a unique section of the 12-page text, the Council requested the Secretary-General to undertake contingency preparations for the possible transformation of the Mission into a United Nations peacekeeping operation, stressing that a future decision by the Council would be required to establish such a presence. He was also requested to make recommendations on a possible transformation within three months.
By other terms, the Council noted the African Union Peace and Security Commission communiqué of 13 November, which welcomed the proposed strengthening of French forces to better support MISCA. The Council called on the Transitional Authorities to fully cooperate with those troops by ensuring their safety, security and freedom of movement with unhindered and immediate access throughout the country. As well, the Council would review the mandate for the French forces within six months.
Against that backdrop, the Council further decided that, for an initial period of one year, all States should immediately take measures to prevent the direct or indirect supply, sale or transfer to the Central African Republic of arms and related materiel, including weapons and ammunition, military vehicles, paramilitary equipment and spare parts related to military activities. It authorized all States to seize, register and dispose of such prohibited items.
By related provisions, the Council also expressed its strong intent to swiftly consider imposing targeted measures, including travel bans and asset freezes, against individuals who acted to undermine peace and stability, including by threatening or violating transitional agreements. It would establish a committee to monitor the implementation of such measures, which would then report back on its work within 60 days.
On the human rights front, the Council strongly condemned widespread human rights violations by Séléka elements, anti-Balaka elements and the Lord’s Resistance Army, urging the Transitional Authorities to ensure that all such perpetrators were held accountable. It requested the Secretary-General to establish an international commission of inquiry, for an initial period of one year, to investigate reports of human rights abuses in the Central African Republic by all parties since 1 January 2013.
Mesmin Dembassa Worogagoi ( Central African Republic), speaking after the action, said the resolution gave his people reason to hope for a new dawn. He expressed confidence in MISCA and the French forces to re-establish peace and to protect all communities, regardless of their ethnicity or religion. Those goals, however, would not be possible without the involvement of Central African Forces, which were in need of restructuring. Non-governmental groups must be allowed to help those in need and internally displaced persons must return to their homes. As for justice — the premise for true reconciliation — he welcomed the actions outlined in the text, appealing to development partners to help his country break the vicious cycle of poverty that had fomented rebellions and coups d’état.
“History demands us to avoid the worst,” said Gérard Araud ( France), Council President, speaking in his national capacity. The situation in the Central African Republic was a tragedy, with 4.5 million people affected by the humanitarian crisis and terrorized by the militia. The country risked falling into chaos with untold consequences for the subregion. There was a collective duty to support both the African Union and the Economic Community of Central African States in preventing mass atrocities. The President of France had been the first to sound the alarm, calling for the Council’s resolute action.
Describing the text, he said it gave MISCA a “robust” Chapter VII mandate to protect civilians and neutralize armed groups. The number of French forces supporting MISCA would be stepped up, and the United Nations would support financial mobilization, he said, underlining that the European Union, with its €50 million commitment, would be the first contributor to African Union operations. The text also requested the Secretariat to prepare for a possible peacekeeping operation and enhanced action on two essential fronts: support for the transitional process, with elections to be held by February 2015; and the creation of a Commission of Inquiry, which would present its findings in six months. “The Council at last has emerged from its apathy,” he declared.
Téte António, Permanent Observer for the African Union, said the international community must confront the “deteriorating” situation in the Central African Republic by helping to protect civilians and avoid an abject collapse of State structures. Today’s text was a crucial step in developing a comprehensive and coordinated response. By authorizing MISCA deployments and calling for international support, the Council had strengthened the joint efforts of the African Union and the Economic Community.
Lauding the decision to impose an arms embargo and take up targeted measures against individuals, he said the African Union, aware of the complexity of challenges to peace and security and the need for coordinated international action, had always called for an innovative, flexible approach. That type of partnership presupposed a close consultation among all stakeholders to articulate a broad unity of vision and to draw upon comparative advantages. “I welcome the way that we have worked together,” he said. “We must build on this progress.”
For its part, he said, the African Union was working with the Economic Community to ensure the transfer of authority from the Community-led peace operation MICOPAX to MISCA on 19 December, with a multidisciplinary team en route to Bangui to examine the modalities of the transfer. The team would establish the general management of MISCA. The African Union Commission had appointed MISCA officials, as well as military and police personnel. It was now recruiting civilian personnel. With that, he expressed the African Union’s intention to fulfil its mandate in an aggressive manner.
Kodjo Menan ( Togo) emphasized that the Central African Republic was on the brink of crisis, requiring the Council to take up its responsibility to maintain peace in the region. He cited his President’s recent warning that if the international community did nothing and the Central African Republic fell into oblivion, it would then risk becoming a sanctuary for terrorism. “We cannot accept that.” The initial 12-month deployment, therefore, was a response to efforts by countries in the region to take action. For its part, the international community must now support the Mission through contributions to the trust fund.
Mohammed Loulichki ( Morocco) hoped today’s resolution would help turn a new page in the “up and down” history of the Central African Republic. His country had worked with France to keep the situation in that country at the forefront and he welcomed the mobilization of the international community. The resolution marked a turning point for the besieged nation by allowing the rapid deployment of French forces and by paving the way for a peacekeeping operation if the necessary conditions arose. Morocco had friendly relations with the Central African Republic, and had deployed soldiers quickly. It would support the country on the road to peace and stability, even beyond Morocco’s term on the Council.
The meeting began at 10:05 a.m. and ended at 10:40 a.m.
Full text of Resolution 2127 (2013), adopted December 5.
The Press Release contains the full text of the Resolution 2127 (2013) which reads as follows:
“The Security Council,
“Recalling its previous resolutions and statements on the Central African Republic (CAR), in particular resolution 2121 (2013),
“Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of the CAR, and recalling the importance of the principles of good-neighbourliness and regional cooperation,
“Expressing deep concern at the continuing deterioration of the security situation in the CAR, characterized by a total breakdown in law and order, the absence of the rule of law, inter-sectarian tensions and further expressing its grave concern about the consequences of instability in the CAR, on the central African region and beyond, and stressing in this regard the need for the international community to respond swiftly,
“Remaining seriously concerned by multiple and increasing violations of international humanitarian law and the widespread human rights violations and abuses, notably by former Seleka and militia groups, in particular those known as the “antibalaka”, including those involving extrajudicial killings, enforced disappearances, arbitrary arrests and detention, torture, sexual violence against women and children, rape, recruitment and use of children and attacks against civilians,
“Underlying its particular concern at the new dynamic of violence and retaliation and the risk of it degenerating into a country-wide religious and ethnic divide, with the potential to spiral into an uncontrollable situation, including serious crimes under international law in particular war crimes and crimes against humanity, with serious regional implications,
“Further expressing concern at the insufficient capacity of the police, justice and corrections institutions to hold perpetrators of such violations and abuses accountable,
“Condemning all violence targeting members of ethnic and religious groups and their leaders and encouraging all parties and stakeholders in the CAR to support and contribute effectively, with the assistance of the international community, to intercommunal and interfaith dialogues, aiming at alleviating the current tensions on the ground,
“Reiterating that all perpetrators of such acts must be held accountable and that some of those acts may amount to crimes under the Rome Statute of the International Criminal Court (ICC), to which the CAR is a State party, and further recalling the statement made by the Prosecutor of the ICC on 7 August 2013,
“Reiterating its condemnation of the devastation of natural heritage and noting that poaching and trafficking of wildlife are among the factors that fuel the crisis in the CAR,
“Noting the decision by the Kimberley Process to suspend the CAR,
“Welcoming the report of the Secretary-General dated 15 November 2013, on the situation in the CAR and on the planning of MISCA and taking note of the detailed options for international support to MISCA,
“Recalling that the Transitional Authorities have the primary responsibility to protect the civilian population,
“Further recalling its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012) on Children and Armed Conflict and its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013) on Women, Peace and Security and calling upon the parties in the CAR to engage with the Special Representative on Children and Armed Conflict and the Special Representative on Sexual Violence in Conflict,
“Stressing the importance that the Transitional Authorities ensure women’s full and equal participation in all discussions pertinent to the resolution of the conflict and in all phases of electoral processes,
“Emphasizing the risk of the situation in the CAR providing a conducive environment for transnational criminal activity, such as that involving arms trafficking and the use of mercenaries as well as a potential breeding ground for radical networks,
“Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in the CAR arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons,
“Expressing continued concern about the activity of the Lord’s Resistance Army (LRA) in the CAR due in part to the prevailing security situation,
“Reiterating its serious concern at the worsening humanitarian situation in the CAR, strongly condemning the repeated attacks on UN staff and humanitarian personnel, goods, assets and premises and the looting of humanitarian aid which have resulted in obstructing the delivery of humanitarian aid,
“Underscoring the importance of respecting the United Nations guiding principles of humanitarian assistance, including neutrality, impartiality, humanity and independence in the provision of humanitarian assistance,
“Urging all parties to take the necessary steps to ensure the safety and security of humanitarian personnel and United Nations and its associated personnel and their assets,
“Recalling the letter of its President dated 29 October, approving the deployment of a guard unit to the CAR as part of BINUCA and taking note of the Secretary-General’s letter of 26 November 2013 highlighting progress towards the deployment of a guard unit within BINUCA, as well as the consent of the Transitional Authorities as expressed on 5 November for such a guard unit and welcoming in this regard the contribution of the Kingdom of Morocco to this unit,
“Welcoming the decision of the African Union Peace and Security Council (AU‑PSC) on 19 July 2013 to authorize the deployment of the “African-led International Support Mission in the CAR” (referred to hereafter as MISCA), as well as the adoption of a new concept of operation on 10 October 2013,
“Reiterating its appreciation for the ongoing efforts of the Economic Community of Central African States (ECCAS) and its Mediator regarding the CAR crisis, as well as the efforts of the African Union to resolve the crisis, and the efforts of the International Contact Group on the CAR,
“Welcoming the strong engagement of the European Union (EU) for the CAR, in particular the Foreign Affairs Council conclusions of 21 October 2013 and the commitment of the EU to contribute financially to the deployment of MISCA within the framework of the African Peace Facility, further welcoming ongoing discussions within the EU on possible additional support,
“Welcoming the efforts made by the Secretariat to expand and improve the roster of experts for the Security Council Subsidiary Organs Branch, bearing in mind the guidance provided by the Note of the President (S/2006/997),
“Taking note of the declaration adopted by the International Contact Group on the CAR at its third meeting held in Bangui on 8 November 2013,
“Taking note of the AU PSC Communiqué of 13 November 2013, which urges the Security Council to quickly adopt a resolution endorsing and authorizing the deployment of MISCA,
“Taking note of the letter dated 22 November 2013 from the Chair of the Peacebuilding Commission, stressing the importance of ensuring that peacebuilding needs in CAR are addressed immediately following stabilization of the security and humanitarian situation and, in this regard, emphasizing the Commission’s role in mobilizing and sustaining the attention and commitment of partners and actors in support of related United Nations and regional efforts,
“Taking note of the letter by the CAR authorities of 20 November 2013 requesting the support to MISCA by French forces,
“Underlining the importance of all subregional, regional and international organizations acting in the CAR improving their coordination with one another,
“Determining that the situation in the CAR constitutes a threat to international peace and security,
“Acting under Chapter VII of the Charter of the United Nations,
“1. Underlines its support for the Libreville Agreements of 11 January 2013, the N’Djamena Declaration of 18 April 2013, the Brazzaville Appeal of 3 May 2013 and the declaration adopted by the International Contact Group on the CAR at its third meeting held in Bangui on 8 November 2013;
“2. Reiterates that, according to the political agreement signed in Libreville, the Prime Minister is the Head of the Government of National Unity which is in charge of implementing the priorities defined in article 5 of this agreement and urges all parties to respect this agreement;
“3. Further reiterates that, in accordance with the African Charter on Democracy, Elections and Governance, the Libreville Agreements, the relevant ECCAS decisions and the Constitutional Charter for the Transition, the Head of Transition, the Prime Minister, the President of the National Transition Council (NTC), the Ministers and members of the NTC bureau cannot participate in the elections intended to restore the constitutional order;
“4. Urges the Transitional Authorities to take all appropriate steps for immediate disarmament, cantonment and dismantling of all armed groups, throughout the whole territory of the country, consistent with international standards;
“5. Demands the swift implementation of transitional arrangements referred to in paragraph 1 above, which shall lead to the holding of free, fair and transparent presidential and legislative elections 18 months after the beginning of the transition period as defined in article 102 of the Transitional Charter which took effect on 18 August 2013, and called for by the N’Djamena Declaration;
“6. Deplores that the Transitional Authorities have made only limited progress towards the implementation of key elements of the Transitional Framework, notably regarding the organization of elections by February 2015; and in this regard, calls upon the Transitional Authorities to swiftly put in place the National Authority for the elections which will enable the United Nations to identify the technical requirements for the successful organization of elections;
“7. Urges the Transitional Authorities to implement the “Republican Pact” signed by the transitional government on 7 November 2013, under the aegis of the Sant’Egidio, as a credible framework to promote an inclusive national dialogue between all political, social and religious parties of the country, and requests the Secretary-General, through his Special Representative for the CAR, to take appropriate steps to assist the Transitional Authorities to enhance their mediation capacity and to facilitate and strengthen such a dialogue;
“8. Expresses its intention to closely monitor the management of the Transition and commends the role of the Special Representative of the Secretary-General (SRSG) and the ECCAS mediator;
“9. Expresses its support for BINUCA’s critical role in helping to restore the constitutional order and supporting the ongoing political process in the implementation of the Libreville agreement and the N’Djamena road map and the electoral process;
“10. Decides that any attempt to delay, impede or violate the transitional arrangements referred to in paragraph 1 above shall be considered as an impediment to the peace process and could lead to the imposition of appropriate measures defined in paragraph 56 below;
“11. Urges Transitional Authorities to develop and implement disarmament, demobilization and reintegration (DDR) or disarmament, demobilization, repatriation, reintegration and resettlement (DDRRR) programmes including for former Seleka elements who will not be integrated into the security forces and children associated with armed forces and groups;
“12. Further urges the Transitional Authorities to develop and to implement a comprehensive and nationally owned Security Sector Reform (SSR) programme, which includes appropriate vetting procedures to reconstitute professional, balanced and representative CAR security forces selected on the basis of the respect for human rights and nationality, and calls upon the Transitional Authorities to cooperate with BINUCA and MISCA for these purposes;
“13. Calls on Member States, regional and international organizations, including the African Union, the United Nations and the European Union, to coordinate their assistance to the Transitional Authorities in their efforts towards reforming the security sector;
“Rule of Law
“14. Underlines the importance of strengthening the capacity of police, justice and correction institutions to uphold the rule of law and bring to justice perpetrators of violations of international humanitarian law, international human rights law and of human rights abuses;
“15. Further stresses the importance of strengthening support to the Transitional Authorities to enable them to address security challenges and extend state authority;
“Protection of natural resources
“16. Condemns the illegal exploitation of natural resources in the CAR which contributes to the perpetuation of the conflict, and underlines the importance of bringing an end to these illegal activities, including by applying the necessary pressure on the armed groups, traffickers and all other actors involved;
“Promotion and protection of Human Rights
“17. Strongly condemns the continued violations of international humanitarian law and the widespread human rights violations and abuses, perpetrated by armed groups, and specifically former Seleka elements, anti-Balaka elements and the LRA, that threaten the population and stresses that the perpetrators of such violations should be brought to justice;
“18. Urges the Transitional Authorities to ensure, without delay, that all perpetrators of violations and abuses of human rights and violations of international humanitarian law are held accountable;
“19. Expresses deep concern at the escalation of interreligious and intercommunal violence as well as violence targeting members of ethnic and religious groups and their leaders, and urges all parties and stakeholders in CAR, with the assistance of the international community, to work together in order to strengthen intercommunal and interfaith dialogues, to prevent further deterioration of the situation on the ground;
“20. Reiterates its demands that all armed groups, in particular former Seleka elements and anti-Balaka elements, prevent and end the recruitment and use of children, that all parties protect and consider as victims those children who have been released or otherwise separated from armed forces and armed groups, and emphasizes the need to pay particular attention to the protection, release and reintegration of all children associated with armed groups;
“21. Underscores the primary responsibility of the Transitional Authorities to protect the population, as well as to ensure the security and unity in its territory, and stresses their obligation to ensure respect for international humanitarian law, human rights law and refugee law;
“22. Calls upon all parties to armed conflict in the CAR, including former Seleka elements and anti-Balaka elements, to issue clear orders prohibiting all violations and abuses committed against children in violation of applicable international law, such as their recruitment and use, killing and maiming, abductions and attacks on schools and hospitals and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged abuses in order to hold perpetrators accountable and to ensure that those responsible for such violations and abuses are excluded from the security sector;
“23. Calls upon all parties to armed conflict in the CAR, including former Seleka elements to issue clear orders against sexual violence, and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged abuses in order to hold perpetrators accountable, in line with its resolutions 1960 (2010) and 2106 (2013), and to facilitate immediate access for victims of sexual violence to available services;
“24. Requests that the Secretary-General rapidly establish an international commission of inquiry for an initial period of one year, including experts in both international humanitarian law and human rights law, in order immediately to investigate reports of violations of international humanitarian law, international human rights law and abuses of human rights in CAR by all parties since 1 January 2013, to compile information, to help identify the perpetrators of such violations and abuses, point to their possible criminal responsibility and to help ensure that those responsible are held accountable, and calls on all parties to cooperate fully with such a commission;
“25. Further requests the Secretary-General to report to the Security Council on the findings of the commission of inquiry six months and one year after the adoption of this resolution;
“26. Further requests the Secretary-General in conjunction with the High Commissioner on Human Rights (HCHR) to take appropriate steps to increase the number of human rights monitors deployed in the CAR;
“27. Encourages Member States to take steps to strongly discourage their nationals from travelling to the CAR to participate in activities that contribute to undermining the peace, threatening the political process, or supporting the violation of human rights;
“Deployment of MISCA
“28. Authorizes the deployment of MISCA for a period of 12 months after the adoption of this resolution, to be reviewed six months after the adoption of this resolution, which shall take all necessary measures, consistent with the concept of operations adopted on 19 July 2013 and reviewed on 10 October 2013, to contribute to:
(i) the protection of civilians and the restoration of security and public order, through the use of appropriate measures;
(ii) the stabilization the country and the restoration of State authority over the whole territory of the country;
(iii)the creation of conditions conducive to the provision of humanitarian assistance to populations in need;
(iv) the DDR or DDRRR process led by the Transitional Authorities and coordinated by BINUCA;
(v) national and international efforts to reform and restructure the defence and security sectors led by the Transitional Authorities and coordinated by BINUCA;
“29. Welcomes the consultations held between the AU Commission and countries from the central African region and the support provided by the United Nations, and Member States to finalize all aspects of the transition from MICOPAX to MISCA, including the outcome of the meetings held in Addis Ababa from 7 to 10 October 2013;
“30. Requests the AU and ECCAS to ensure that the transfer of authority from MICOPAX to MISCA takes effect on 19 December 2013 and, in this regard, notes that the AU Commission has been called by the AU PSC to urgently and successfully transfer authority from MICOPAX to MISCA and further welcomes the appointment of the new leadership of MISCA;
“31. Emphasizes the need for strong coordination and information-sharing between BINUCA, the African Union-Regional Task Force (AU-RTF) and the MISCA in the context of their protection of civilians activities and counter-LRA operations;
“32. Requests the African Union, in close coordination with the Secretary-General and other international organizations and bilateral partners involved in the crisis, to report to the Security Council every 60 days on the deployment and activities of MISCA;
“33. Emphasizes the need for MISCA, and all military forces in CAR, while carrying out their mandate, to act in full respect of the sovereignty, territorial integrity and unity of CAR and in full compliance with applicable international humanitarian law, human rights law and refugee law and recalls the importance of training in this regard;
“34. Welcomes contributions already made by ECCAS countries, calls upon African countries (MAR) to contribute to MISCA so it is able to fulfil its mandate, and further encourages Members States and regional organizations to cooperate closely with the African Union, ECCAS the United Nations, troop-contributing countries and other organizations and donors to this end;
“35. Stresses that all new African troops shall be integrated fully into the MISCA command and control structures, and shall operate in accordance with MISCA’s mandate as set out in paragraph 28 of this resolution;
“36. Calls upon the Transitional Authorities and all other parties in the CAR to cooperate fully with the deployment and operations of MISCA, in particular by ensuring its safety, security and freedom of movement with unhindered and immediate access throughout the territory of the CAR to enable it to fully carry out its mandate and further calls upon neighbouring countries of the CAR to take appropriate measures to support the implementation of MISCA mandate;
“37. Requests the Secretary-General to continue to enhance the provision of technical and expert advice to the African Union in the planning and deployment of MISCA as well as on the implementation of the MISCA Concept of Operations, on the establishment of MISCA mission headquarters, with the view to strengthening its command and control and administrative structures, improving communication and information technology infrastructure and providing necessary training;
“38. Further requests the Secretary-General to support MISCA in countering illicit proliferation of all arms and related materials of all types, in particular small arms to secure stockpiles of explosive weaponry, clear explosive remnants of war and conventional munitions disposal;
“39. Underscores the need to establish appropriate coordination mechanisms between BINUCA and MISCA;
“40. Underlines that the support outlined in paragraph 37 and 43 of this resolution must be in full compliance with the United Nations Human Rights and Due Diligence Policy on UN support to non-UN Security forces (HRDDP);
“41. Underlines that regional organizations have the responsibility to secure human, financial, logistical and other resources for the work of their organizations including through contributions by their members and support from their partners;
“42. Calls upon Member States and international, regional and subregional organizations, to provide financial support and contributions in kind to MISCA to enable its deployment and implementation of its mandate and welcomes in this regard the willingness of the European Union to provide such financial support to MISCA through the mobilization of the African Peace Facility;
“43. Requests the Secretary-General to establish a trust fund for MISCA through which Member States and international, regional and subregional organizations can provide financial support to MISCA and further requests the Secretary-General to support, in coordination with the EU, the holding of a donors conference of Member States and relevant international, regional and subregional organizations which will be organized by the African Union to solicit contributions, notably to this trust fund, as soon as possible;
“44. Calls upon Member States to contribute generously and promptly to the new UN trust fund for MISCA, while noting that the existence of the trust fund does not preclude the conclusion of direct bilateral arrangements and further requests the African Union, in consultation with and the Secretary-General, to submit budgetary requests to this trust fund;
“45. Notes that the AU PSC communiqué of 13 November 2013 expresses its appreciation to bilateral and multilateral partners of the AU who are committed to providing support for the deployment and operation of MISCA;
“46. Takes note of the position of the AU and ECCAS that MISCA may require eventual transformation into a United Nations peacekeeping operation and in this regard welcomes the Secretary-General’s intention to undertake the necessary preparations for the possible transformation of MISCA into a United Nations peacekeeping operation;
“47. Requests the Secretary-General to undertake expeditiously contingency preparations and planning for the possible transformation into a United Nations peacekeeping operation, stressing that a future decision of this Council would be required to establish such a mission;
“48. Requests the Secretary-General, in consultations with the AU, to report to the Security Council no later than three months from the adoption of this resolution with recommendations on the possible transformation of MISCA to a United Nations peacekeeping operation, including an assessment of progress towards meeting the appropriate conditions on the ground referred to in paragraph 45 of the Secretary-General report dated 15 November 2013;
“49. Notes the AU PSC communiqué of 13 November 2013 welcoming the proposed strengthening of the French forces to better support MISCA and encouraging the AU Commission to work towards the establishment of an effective operational coordination between MISCA and the French forces;
“50. Authorizes the French forces in the CAR, within the limits of their capacities and areas of deployment, and for a temporary period, to take all necessary measures to support MISCA in the discharge of its mandate as provided by paragraph 28 above; requests France to report to the Council on the implementation of this mandate in the CAR and to coordinate its reporting with the reporting by the African Union referred to in paragraph 32 above and decides to review this mandate within six months after its commencement and calls upon the Transitional Authorities to cooperate fully with the deployment and operations of French forces, in particular by ensuring its safety, security and freedom of movement with unhindered and immediate access throughout the territory of CAR and further calls upon neighbouring countries of CAR to take appropriate measures to support the action of French forces;
“Humanitarian principles, access, funding and action
“51. Expresses its serious concern at the deterioration of the humanitarian situation in the CAR and the restricted humanitarian access resulting from increased insecurity and attacks against humanitarian workers;
“52. Demands that all parties to the conflict, in particular the former Seleka, ensure the rapid, safe and unhindered access of humanitarian organizations and relief personnel and the timely delivery of humanitarian assistance to populations in need, while respecting the UN guiding principles of humanitarian assistance, including neutrality, impartiality, humanity and independence in the provision of humanitarian assistance;
“53. Calls upon Member States to respond swiftly to the United Nations’ humanitarian appeals to meet the spiralling needs of people inside the CAR and refugees who have fled to neighbouring countries and encourages to this effect the swift implementation of humanitarian projects by UN and humanitarian organizations;
“54. Decides that, for an initial period of one year from the date of adoption of this resolution, all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the CAR, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories, and decides further that this measure shall not apply to:
(a) Supplies intended solely for the support of or use by MICOPAX, MISCA, BINUCA and its guard unit, the AU-RTF, and the French forces deployed in the CAR;
(b) Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee established pursuant to paragraph 57 below;
(c) Protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;
(d) Supplies of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of CAR or CAR’s international legal obligations;
(e) Supplies of arms and other related lethal equipment to the CAR security forces, intended solely for support of or use in the CAR process of SSR, as approved in advance by the Committee; or
(f) Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;
“55. Decides to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 54 of this resolution, seize, register and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited by paragraph 54 of this resolution and decides further that all Member States shall cooperate in such efforts;
“56. Expresses its strong intent to swiftly consider imposing targeted measures, including travel bans and assets freezes, against individuals who act to undermine the peace, stability and security, including by engaging in acts that threaten or violate transitional agreements, or by engaging or providing, support for actions that threaten or impede the political process or fuel violence, including through violations of human rights and international humanitarian law, the recruitment and use of children in armed conflict in violation of applicable international law, sexual violence, or supporting the illegal armed groups or criminal networks through the illicit exploitation of natural resources, including diamonds, in the CAR, or by violating the arms embargo established in paragraph 54;
“57. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein “the Committee”), to undertake to following tasks:
(a) To monitor implementation of the measures imposed in paragraphs 54 and 55 above with a view to strengthening, facilitating and improving implementation of these measures by Member States;
(b) To review information regarding those individuals who may be engaging in the acts described in paragraph 54;
(c) To establish such guidelines as may be necessary to facilitate the implementation of the measures imposed above;
(d) To report within 60 days to the Security Council on its work and thereafter to report as deemed necessary by the Committee;
(e) To encourage a dialogue between the Committee and 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;
(f) To seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed above;
(g) To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in paragraphs 54 and 55;
“58. Calls upon all Member States to report to the Committee within 90 days from the adoption of this resolution on the steps they have taken with a view to implementing effectively paragraph 54;
“59. Requests the Secretary-General to create for an initial period of 13 months, in consultation with the Committee, and to make the necessary financial and security arrangements to support the work of the Panel, a group of up to five experts (“Panel of Experts”), under the direction of the Committee to carry out the following tasks:
(a) Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee with information relevant to the potential designation at a later stage of individuals who may be engaging in the activities described in paragraph 54 above;
(b) Gather, examine and analyse information from States, relevant United Nations bodies, regional organizations and other interested parties regarding the implementation of the measures decided in this resolution, in particular incidents of non-compliance;
(c) Provide to the Council, after discussion with the Committees, an update no later than 5 March 2014, an interim report by 5 July 2014 and a final report no later than 5 November 2014;
(d) To assist the Committee in refining and updating information on the list of individuals violating measures imposed by paragraph 54 of this resolution, including through the provision of biometric information and additional information for the publicly-available narrative summary of reasons for listing;
“60. Urges all parties and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of experts and further urges all Member States involved to ensure the safety of the members of the Panel of experts and unhindered access, in particular to persons, documents and sites in order for the Panel of experts to execute its mandate;
“61. Affirms that it shall keep the situation in the CAR under continuous review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including the strengthening through additional measures, in particular the freezing of assets, modification, suspension or lifting of the measures, as may be needed at any time in light of the progress achieved in the stabilization of the country and compliance with this resolution;
“62. Decides to remain actively seized of the matter.”
The Trenchant Observer