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Tuesday, December 11, 2012

French draft resolution on military intervention in Mali

Gérard Araud, Permanent Representative of France to the UN, briefs
correspondents following Security Council consultations on Mali.
05 December 2012
The Security Council is scheduled to hold an experts meeting to discuss this French draft resolution, Wednesday afternoon at the French mission in New York. The US mission proposed amendments to this draft, diplomats said. 


Draft resolution on Mali
7 December 2012
  
The Security Council,
PP1- Recalling its resolution 2056 (2012) and 2071 (2012), its Presidential Statements of 26 March 2012 (S/PRST/2012/7), 4 April 2012 (S/PRST/2012/9) as well as its Press Statements on Mali of 22 March 2012, 9 April 2012, 18 June 2012, 10 August 2012 and 21 September 2012,
PP2- Reaffirming its strong commitment to the sovereignty, unity and territorial integrity of Mali,
PP3- Emphasizing that the situation in the north of Mali and entrenchment of terrorist groups and criminal networks continue to pose a serious and urgent threat to the population throughout Mali, and to the stability in the Sahel region, the wider African region and the international community as a whole,   
PP4- Condemning strongly all abuses of human rights in the north of  Mali by armed rebels, terrorist and other extremist groups, including violence against its civilians, notably women and children, killings, hostage-taking, pillaging, theft, destruction of cultural and religious sites and recruitment of child soldiers, stressing that some of such acts may amount to crimes under the Rome Statute and that their perpetrators must be held accountable and noting that the Transitional authorities of Mali referred the situation in Mali since January 2012 to the International Criminal Court on 18 July 2012,

PP5- Recalling the letter of the Transitional authorities of Mali dated 18 September 2012 addressed to the Secretary-General, requesting the authorization of deployment through a Security Council resolution, acting under Chapter VII as provided by the United Nations Charter, of an international military force to assist the Armed Forces of Mali to recover the occupied regions in the north of Mali and recalling also the letter of the Transitional authorities of Mali dated 12 October 2012 addressed to the Secretary-General, stressing the need to support, including through such an international military force, the national and international efforts to bring to justice the perpetrators of war crimes and crimes against humanity committed in the north of Mali,
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PP6- Taking note of the endorsement of the Strategic Concept for the Resolution of the Crisis in Mali at the second meeting of the Support and Follow-Up Group on the Situation in Mali in Bamako on 19 October 2012, attended by ECOWAS Member States, countries of the region and other international partners, as well as its adoption by the African Union Peace and Security Council on 24 October 2012,

PP7- Taking note of the final communiqué of the Extraordinary Session of the authority of ECOWAS Heads of State and Government held in Abuja on 11 November 2012 and of the subsequent communiqué of the African Union Peace and Security Council on 13 November 2012 endorsing the Joint Strategic Concept of Operations for the International Military Force and the Malian Defence and Security forces,

PP8- Welcoming the appointment of Romano Prodi as Special Envoy of the Secretary General for the Sahel, as well as the appointment of Pierre Buyoya as High Representative of the African Union for Mali and the Sahel and encouraging them to work in close coordination with the Special Representative of the Secretary-General for West Africa and the ECOWAS mediator,

PP9- Welcoming the efforts of the ECOWAS-led mediation, with the support of the Special Representative of the Secretary-General for West Africa and neighbouring countries of Mali,

PP10- Taking note of the Secretary-General’s report on Mali dated 28 November 2012 (S/2012/894) for continued action on the political and security tracks and a comprehensive solution to the crisis affecting Mali,

PP11- Emphasizing that the Malian authorities have primary responsibility for resolving the inter-linked crises facing the country,

PP12- Determining that the situation in Mali constitutes a threat to international peace and security,

PP13- Acting under Chapter VII of the Charter of the United Nations,

I- Political process

  1. Urges the transitional authorities of Mali, consistent with the Framework agreement of 6 April 2012 under the auspices of ECOWAS, to establish a  transitional roadmap through broad-based and inclusive political dialogue, to fully restore constitutional order and national unity, including through the organisation of free, fair and transparent presidential and legislative elections, in accordance with the agreement mentioned above which calls for elections by April 2013 or as soon as technically possible after the accomplishment of the voters list and other technical issues, requests the Secretary-General, in coordination with ECOWAS and the African Union, to continue to assist the transitional authorities with preparing such a roadmap including the electoral process and urges the transitional authorities to ensure its timely implementation ;
  1. Demands that Malian rebel groups to cut off all ties to terrorist organizations, notably AQIM and affiliated groups, and to take concrete and visible steps to this effect,  further reiterates its readiness to adopt targeted sanctions against those rebel groups and individuals who do not do so and takes note of the listing of Movement of Unity and Jihad in Western Africa (MUJWA) on the Al-Qaida sanctions list;
  1. Urges the transitional authorities of Mali to expeditiously put in place a credible framework for negotiations with all parties in the north of Mali who have cut all ties to terrorist activities and who accept, without conditions, the unity and territorial integrity of the Malian State, and with a view to addressing the long-standing concerns of communities in the north of Mali, and requests the Secretary-General, through his Special Representative for West Africa, in coordination with the ECOWAS mediation and the High Representative of the African Union for Mali and the Sahel, to take appropriate steps to facilitate and strengthen such dialogue;
  1. Reiterates its demand that no member of the Malian Armed Forces should interfere in the work of the Transitional authorities and expresses its readiness to consider appropriate measures as necessary;  
  1. Calls upon all Member States to implement their obligations pursuant to resolution 1989 (2011) to inhibit Al-Qaida’s ability to operate given its reliance on kidnapping and hostage taking to raise funds;
II- Security process

Training of Malian forces

  1. Emphasises that the consolidation and redeployment of the Malian Defence and Security forces throughout the Malian territory is vital to ensure Mali’s long term security and stability and to protect the people of Mali and calls upon Member States, regional, and international organisations, to provide coordinated assistance, training including on Human rights and international humanitarian law,  and support to the Malian Defence and Security forces;  
  1. Takes note with appreciation of the commitment of Member States and international organizations to the rebuilding of the capacities of the Malian Defence and Security forces, including the decision of the European Union to deploy a military training mission to Mali in order to support the reorganization and training of the Malian defence and security forces;  
Deployment of AFISMA

  1. Decides to authorize the deployment of an African-led International Support Mission in Mali (AFISMA) for an initial period of one year, comprising of 3,300 personnel, which shall take all necessary measures as appropriate to carry out the following mandate:
    1. To contribute to the rebuilding of the capacity of the Malian defence and security forces, in close coordination with other international partners involved in this process, including the European Union and other Member States;
    1. To support the Malian authorities recover the areas in the north of Mali under the control of terrorist, extremist and armed groups and in reducing the threat posed by terrorist organizations, including AQMI, MUJWA, and affiliated extremist groups; 
    1. To transition to stabilisation activities by the Malian authorities to maintain security and consolidate State authority through appropriate capacities; ; 
  1. Decides that the actions of AFISMA can include, within its capabilities : (i) support to the Malian authorities in their primary responsibility to protect the population with respect to international human rights and international humanitarian and refugee law; (ii) support to the Malian authorities to create a secure environment for the delivery of humanitarian assistance and the voluntary return of internally displaced persons and refugees as requested and in close coordination with humanitarian actors ; (iii)  protection of its personnel, facilities, premises equipment and mission as well as ensuring security and movement of its personnel;
  1. Requests the African Union, in close coordination with ECOWAS, the Secretary-General and other international organizations and bilateral partners involved in the Malian crisis, to report to the Security Council every 60 days on the deployment and activities of AFISMA, including, before the commencement of offensive operations in the north of Mali, on: (i) the progress in the political process; (ii) the effective training of military and police units of both AFISMA and the Malian defence and security forces in their obligations under international human rights, humanitarian and refugee law; (iii) the operational readiness of AFISMA and of the Malian defence and security forces; and further expresses its willingness to monitor closely these benchmarks before the commencement of offensive operations in the north of Mali
  1. Takes note that the planning will be developed further and requests the Secretary-General, in close coordination with Mali, the neighbouring countries of Mali, other countries in the region and all other interested bilateral partners and international organizations, to continue to support the planning and preparations for the deployment of AFISMA;
  1. Requests the Secretary-General to provide or continue support in critical areas that will be required to accompany or follow an intervention in the north of Mali, with respect to the extension of the Malian State authority, including rule of law and security institutions, mine action, promotion of national dialogue,  regional cooperation, security sector reform, human rights and the initial demobilization, disarmament and reintegration of former combatants;
International support

  1. Calls upon Member States, including from the Sahel region, to contribute troops to AFISMA in order to enable AFISMA to fulfil its mandate and further encourages Member States to cooperate closely with the African Union, the United Nations, troop contributing countries and other donors to this end;
  1. Decides that Member States, regional and international organizations may provide coordinated support to AFISMA, including military training, provision of equipment, intelligence, logistical support and any necessary assistance in efforts to combat terrorist and affiliated extremist groups;
  1. Calls upon the transitional authorities of Mali and all other parties in Mali to cooperate fully with the deployment and operations of AFISMA, in particular by ensuring its safety, security and freedom of movement with unhindered and immediate access throughout the territory of Mali to enable it to fully carry out its mandate and further calls upon neighbouring countries of Mali to take appropriate measures to support the implementation of AFISMA mandate;
  1. Demands that all parties in Mali take appropriate steps to ensure the safety and security of humanitarian personnel and supplies, and further demands that all parties in Mali ensure full, safe and unimpeded access for the timely delivery of humanitarian aid to persons in need of assistance across Mali, consistent with international humanitarian, human rights and refugee law;
Human rights

  1. Requests the Secretary-General to monitor, including through the deployment of human rights observers, adherence to international humanitarian and human rights law with regards to military operations in the north of Mali, to advise on ways to mitigate any adverse impact on the civilian population and to include such findings in its regular reports to the Security Council as referred to in paragraph 23 below and further notes that the support provided by the United Nations in the context of the military operation in Mali shall be at all time consistent with international humanitarian,  human rights and refugee law;
  1. Emphasizes that the Malian authorities have primary responsibility to protect civilians in Mali and that all military forces acting in Mali should act in compliance with applicable international humanitarian and human rights law in performance of this mandate and in full respect of the sovereignty, territorial integrity, political independence and unity of Mali, further recalls its resolutions 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, its resolutions 1612 (2005) and 1882 (2009) on Children And Armed Conflict and its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), and 1960 (2010) on Women, Peace and Security, and calls upon AFISMA as well as the Malian Defence and Security Forces to take them into account;
  1. Calls upon AFISMA, consistent with its mandate, to support national and international efforts, including those of the International Criminal Court, to bring to justice perpetrators of serious human rights abuses and violations of international humanitarian law in Mali;
Funding

  1. Calls upon Member States and international organisations, to provide financial support to AFISMA to enable its deployment and implementation of its mandate and welcomes the intention of the European Union to provide such financial support to AFISMA through the African Peace Facility;  
  1. Requests the Secretary-General to provide a United Nations logistical support package to AFSIMA and the Malian Defence and Security Forces, including equipment and services for an initial period of one year, as described in his proposal (S/2012/X) on the support financial costs and, to this effect, requests the Secretary-General to establish as soon as possible a Memorandum of Understanding with the African Union, in coordination with ECOWAS and the Malian authorities, on the usage of such support package, in order to ensure that all equipments and services provided under the support package are used in a transparent and effective manner for their designated purposes;
  1. Requests the Secretary-General to establish a trust fund to provide financial support to AFISMA and to the training and equipping of Malian Defence and Security forces, also requests the Secretary-General to support, in coordination with the African Union and ECOWAS, the holding of a donors conference to solicit contributions to this trust fund as soon as possible, calls upon Member States to contribute generously and promptly to the trust fund, while noting that the existence of the trust fund does not preclude the conclusion of direct bilateral arrangements in support of AFISMA and further requests the African Union, in consultation with ECOWAS and the Secretary-General, to submit budgetary request to this trust fund;
United Nations presence and reporting

23.  Takes note of the intention of the Secretary-General to strengthen, at the request of the Malian authorities, the United Nations presence in Bamako, which shall enable the United Nations, to provide a broad and continued support to the on-going political process and the security process in Mali, including to the deployment and operations of AFISMA, further encourages the Secretary-General to implement it as soon as possible and to inform the Council;

24.  Requests the Secretary-General to keep the Council regularly informed of the situation in Mali and to report back to the Council, through the provision of written reports, every 60 days, on the implementation of this resolution, including the United Nations support to the political and security efforts to solve the crisis in Mali, the deployment and preparation of AFISMA and updated recommendations for a United Nations support package to AFISMA;

  1. Decides to remain actively seized of the matter.
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