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| Susan Rice, Permanent Representative of the United States to the UN, and Youssoufou Bamba (left, facing camera), Permanent Representative of Côte d’Ivoire to the UN, speak with colleagues before the Security Council’s meeting on the situation in Mali. 05 December 2012 |
France:
draft resolution
The
Security Council,
Recalling
its resolutions 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 of 22 March 2012, 9
April 2012, 18 June 2012, 10 August 2012, 21 September 2012, 11
December 2012 on Mali,
Reaffirming
its strong commitment to the sovereignty, unity and territorial
integrity of Mali,
Emphasizing
that the situation and entrenchment of terrorist groups and criminal
networks in the north of Mali continue to pose a serious and urgent
threat to the population throughout Mali, and to the stability in the
Sahel region, the wider Afi'ican region and the international
community as a whole,
Condemning
strongly the continued interference of members of the Malian Defence
and Security Forces in the work of the Transitional authorities of
Mall, stressing the need to work expeditiously toward the restoration
of democratic governance and constitutional order in Mali and taking
note of the on-going efforts of the Secretary-General, including
through the Special Representative of the Secretary-General for West
Africa, to assist the Transitional authorities of Mali in developing
a roadmap for the electoral process and national dialogue,
Remaining
seriously concerned over the i!lsecurity and the significant ongoing
humanitarian crisis in the Sahel region, which is further complicated
by the presence of armed groups, including separatist movements,
terrorist and criminal networks, and their increased activities, as
well as the continued proliferation of weapons from within and
outside the region that threaten peace, security, and stability of
States in this region,
Condemning
strongly all abuses of human rights in the north of Mali by armed
rebels, terrorist and other extremist groups, including those
involving violence against civilians, notably women and children,
killings, hostage-taking, pillaging, theft, destruction of cultural
and religious sites and recruitment of child soldiers, reiterating
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 Mall
since January 2012 to the International Criminal Court on 13 July
2012,
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, under Chapter
VII as provided by the United Nations Charter, of an international
military force to assist the Armed Forces of Mall 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 Mall,
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 Mall 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,
Taking
note of the final communiqu6 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 communiqu6 of the African Union
Peace and Security Council on 13 November 20!2 endorsing the Joint
Strategic Concept of Operations for the International Military Force
and the Malian Defence and Security forces,
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
encoztraging them to work in close coordination with the Special
Representative of the Secretary- General for West Africa and the
ECOWAS mediator,
Welcoming
the efforts of the ECOWAS-Ied mediation, with the support of the
Special Representative of the Secretary-General for West Africa, the
Organization of Islamic Cooperation (OIC) and neighbouring countries
of Mall,
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,
Emphasizing
that the Malian authorities have primary responsibility for resolving
the inter-linked crises facing the country and that any sustainable
solution to the crisis in Mall should be Malian-led,
Encouraging
the international community to provide support to resolve the crisis
in Mali through coordinated actions for immediate and long-term
needs, encompassing security, development and humanitarian issues,
Determining
that the situation in Mali constitutes a threat t0 international
peace and security,
Acting
under Chapter VII of the Charter of the United Nations,
I.
Political
process
1.
Urges the transitional authorities of Mall, consistent with the
Framework agreement of 6 April 2012 signed under the auspices of
ECOWAS, to finalize a transitional roadmap through broad-based and
inclusive political dialogue, to fully restore constitutional order
and national unity, including through the holding of peaceful,
credible and inclusive presidential and legislative elections, in
accordance with the agreement mentioned above which calls for
elections by April 2013 or as soon as technically possible, requests
the Secretary-General, in close coordination with ECOWAS and the
African Union, to continue to assist the transitional authorities of
Mall in the preparation of such a roadmap, including the conduct of
an electoral process based on consensually established ground rules
and further urges the transitional authorities of Mall to ensure its
timely implementation;
2.
Demands that Malian rebel groups cut off all ties to terrorist
organizations, notably AI-Qaida in Islamic Maghreb (AQIM) and
associated groups, and take concrete and visible steps to this
effect, takes note of the listing of Mo.vement of Unity and Jihad in
Western Africa (MUJWA) on the A1-Qaida sanctions list established and
maintained by the Committee pursuant to resolutions 1267 (1999) and
1989 (2011) and further reiterates its readiness to continue to adopt
further targeted sanctions, under the above-mentioned regime, against
those rebel groups and individuals who do not cut off all ties to
al-Qaida and associated groups, including AQIM and MUJWA;
3.
Urges the transitional authorities of Mall to expeditiously put in
place a credible framework for negotiations with all parties in the
north of Mali who have cut off all ties to terrorist organizations,
notably AQIM and associated groups including MUJWA, and who
recognize, 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 Mediator and the High
Representative of the African Union for Mali and the Sahel, and the
OIC, to take appropriate steps to assist the transitional authorities
of Mali to enhance their mediation capacity and to facilitate and
strengthen such a dialogue;
4.
Condemns the circumstances that led to the resignation of the Prime
Minister and'the dismissal of the Government on 11 December 2012,
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, against those who take action that undermines the peace,
stability, and security, including those who prevent the
implementation of the constitutional order in Mali;
5.
Calls upon all Member States to implement their obligations pursuant
to resolution 1989 (2011) and 2083 (2012) and strongly condemns
incidents of kidnapping and hostage taking by A1-Qaida in Mall and
across the Sahel region with the aim of raising funds or gaining
political concessions;
II.
Security
process
Training
of Malian forces
6.
Emphasizes that the consolidation and redeployment of the Malian
Defence and Security forces throughout the Malian territory is vital
to ensure Mall's long term security and stability and to protect the
people of Mali;
7.
Urges Member States, regional and international organizations to
provide coordinated assistance, expertise, training, including on
human rights and international humanitarian law, and
capacity-building support to the Malian Defence and Security Forces,
consistent with their domestic requirements, in order to restore the
authority of the State of Mali over its entire national territory, to
uphold the unity and territorial integrity of Mall and to reduce the
threat posed by terrorist organizations and associated groups,
further invites them to regularly inform the Secretariat of their
contributions;
8.
Takes note of the commitment of Member States and international
organizations to the rebuilding of the capacities of the Malian
Defence and Security forces, including the planned deployment by the
European Union of a military mission to Mali to provide military
training and advice to the Malian Defence and Security Forces;
Deployment
of AFISMA
9.
Decides to authorize the deployment of an African-led International
Support Mission in Mall (AFISMA) for an initial period of one year,
which shall take all necessary measures, in compliance with
applicable international humanitarian law and human rights law and in
full respect of the sovereignty, territorial integrity and unity of
Mall to carry out the following tasks:
(a)
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;
(b)
To support the Malian authorities in recovering the areas in the
north of its territory under the control of terrorist, extremist and
armed groups and in reducing the threat posed by terrorist
organizations, including AQIM, MUJWA and associated extremist groups,
while taking appropriate measures to reduce the impact of military
action upon the civilian population;
(c)
To transition to stabilisation activities to support the Malian
authorities in maintaining security and consolidate State authority
through appropriate capacities;
(d)
To support the Malian authorities in their primary responsibility to
protect the population;
(e)
To support the Malian authorities to create a secure environment for
the civilian-led delivery of humanitarian assistance and the
voluntary return of internally displaced persons and refugees, as
requested, within its capabilities and in close coordination with
humanitarian actors;
(f)
To protect its personnel, facilities, premises, equipment and mission
and to ensure the security and movement of its personnel;
10.
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 in Mali,
including the roadmap for the restoration of constitutional order and
negotiations between the Malian authorities and all parties in the
north of Mali who have cut off all ties to terrorist organizations;
(ii) the effective training of military and police units of both
AFISMA and the Malian defence and security forces ill their
obligations under international human rights, humanitarian and
refugee law; (iii) the operational readiness of AFISMA, including the
level of staffing leadership and equipment of the units, their
operational adaptation to the climate and terrain conditions and
ability to conduct joint armed operations with logistical, air and
ground fire support; (iv) the efficiency of the chain of command of
AFISMA, including its interaction with that of the Malian Defence and
Security Forces and fitrther expresses its willingness to monitor
closely these benchmarks before the
commencement
of offensive operations in the north of Mali;
11.
Emphasizes that the military planning will need to be further refined
before the commencement of the offensive operation and requests that
the Secretary-General, in close coordination with Mall, ECOWAS, the
African Union, the neighbouring countries of Mall, other countries in
the region and all other interested bilateral partners and
international organizations, continue to support the planning and the
preparations for the deployment of AFISMA, regularly inform the
Council of the progress of the process, and requests that the
Secretary-General also confirm in advance the Council's satisfaction
with the planned military offensive operation;
12.
Requests the Secretary-General to provide, as and when requested by
the Malian authorities, support in critical areas that will be
required to accompany or follow a military operation in the north of
Mall, with respect to the extension of the Malian State authority,
including rule of law and security institutions, mine action,
promotion of national dia!ogue, regional cooperation, security
sectorreform, human rights and the initial demobilization,
disarmament and reintegration of former combatants;
International
support
13.
Calls upon Member States, including from the Sahel region, to
contribute troops to AFISMA in order to enable AFISMA to fulfil its
mandate, welcomes the troop contributions already pledged by ECOWAS
countries and further encourages Member States to cooperate closely
with the African Union, ECOWAS, the United Nations, countries
contributing troops and other donors to this end;
14.
Urges Member States, regional and international organizations to
provide coordinated support to AFISMA, including military training,
provision of equipment, intelligence, logistical support and any
necessary assistance in efforts to reduce the threat posed by
terrorist organizations, including AQIM, MUJWA and associated
extremist groups in accordance with paragraph 9 (b), in close
coordination with AFISMA and the Malian authorities;
15.
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;
16.
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 Mall ensure safe and unhindered
access for the delivery of humanitarian aid to persons in need of
assistance across Mall, consistent with international humanitarian,
human rights and refugee law and the guiding principles of
humanitarian assistance;
Human
rights
17.
Emphasizes that the Malian authorities have primary responsibility to
protect civilians in Mall, further recalls its resolutions 1674
(2006), 1738 (2006) and 1894 (2009) on the protection of civilians in
armed conflict, its resolutions 1612 (2005), 1882 (2009) and 1998
(2010) 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 all military forces in Mall
to take them into account;
18.
Emphasizes that any support provided by the United Nations, regional
and subregional organizations and Member States in the context of the
military operation in Mall shall be consistent with international
humanitarian and human rights law and refugee law, further requests
the Secretary-General to ensure the relevant capacity within the
United Nations presence as referred to in paragraph 23 below in order
to observe adherence to international humanitarian and human rights
law with regards to military operations in the north of Mali and
include in his regular reports to the Security Council, as referred
to in paragraph 24 below, the situation of civilians in the north of
Mali and any violation of human rights law, international
hmnanitarian law and refugee law in the north of Mali, as well as to
advise on ways to mitigate any adverse impact of military operations
on the civilian population, including on women and children;
19.
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
20.
Calls upon Member States and international organisations, to provide
financial support and contributions in kind to AFISMA to enable its
deployment and implementation of its mandate and welcomes the
willingness of the European Union to provide such financial support
to AFISMA through the mobilization of the African Peace Facility;
21.
Expresses its intention to consider the provision of a voluntary and
a United Nations-funded logistics support packages to AFISMA,
including equipment and services for an initial period of one year,
takes note of the letter of the Secretary-General (S/2012/926) on the
possible deployment of a logistics support package to AFISMA and on
the support financial costs and, to this effect, requests the
Secretary-General, in coordination with the African Union, ECOWAS and
the Malian authorities, to further develop and refine options within
30 days of the adoption of this resolution for such a voluntary and a
United Nations-funded logistics support packages, including detailed
recommendations for a swift, transparent and effective
implementation;
22.
Requests the Secretary-General to establish a trust fund through
which Member States can provide earmarked and/or non-earmarked
financial support to AFISMA and/or 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 upo17
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 and f!ÿrther
requests the Afi'ican Union, in consultation with ECOWAS and the
Secretary-General, to submit budgetary request to this trust fund;
United Nations presence and reporting
23.
Requests the Secretary-General to establish, in consultation with the
Malian authorities, a multidisciplinary United Nations presence in
Mall, in order to provide coordinated and coherent support to (i) the
on-going political process and (ii) the security process, consistent
with paragraph 12 above and including support to the planning,
deployment and operations of AFISMA and therefore requests the
Secretary-General to submit as soon as possible specific and detailed
proposals to the Council for further consideration;
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 90 days, on the
implementation of this resolution, including on the United Nations
support to the political and security efforts to solve the crisis in
Mali, the deployment and preparation of AFISMA and updated
information and recommendations related to a voluntary and United
Nations-funded support packages to AFISMA;
25.
Decides to remain actively seized of the matter.
