United Nations S/2014/54
Security Council - 27 January 2014
Original: English
France and Luxembourg:
draft resolution
The Security Council,
Recalling its previous
resolutions and statements on the Central African Republic (CAR), in particular
resolutions 2121 (2013) and 2127 (2013),
Reaffirming its strong
commitment to the sovereignty, independence, unity and territorial integrity of
the CAR, and recalling the importance of the principles of non-interference,
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, religiously motivated targeted killings and arson, 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,
Condemning the attacks
occurring in the CAR and, in particular those that have taken place since 5
December 2013 in Bangui which left more than 1000 people dead and hundreds of
thousands persons internally displaced, and which have triggered widespread
violence between Christian and Muslim communities across the country,
Remaining seriously
concerned by multiple and increasing violations of international humanitarian
law and the widespread human rights violations and abuses, including those
involving extrajudicial killings, forced disappearances, arbitrary arrests and
detention, torture, sexual violence against women and children, rape, recruitment
and use of children and attacks against civilians and attacks against places of
worship, committed by both former Seleka elements and militia groups, in
particular those known as the "anti-Balaka,"
Alarmed by the
increasing cycle of violence and retaliation and degeneration into a
countrywide 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,
Noting the Kimberley
Process Certification Scheme's temporary suspension of rough diamond trading by
the CAR and expressing concern that diamond smuggling and other forms of
illicit natural resource exploitation, including wildlife poaching, are
destabilizing forces in CAR, and encouraging the Transitional Authorities and
the State Authorities to address these issues through all possible avenues,
Welcoming tire holding
of a special session of the Human Rights Council and taking note with appreciation
of the appointment of the Independent Expert ON the Situation of human rights
in the CAR,
Welcoming the pledges
made at the High-Level Meeting on Humanitarian Action in the Central African
Republic in Brussels, January 20 2014 and encouraging the international community
to swiftly follow through on pledges to continue providing support in response
to the humanitarian situation in CAR,
Welcoming the readiness
of the European Union, expressed at the meeting of the Council of the European
Union held on 20 January 2014, to consider the establishment of a temporary
operation to support MISCA in the Central African Republic, and taking note of
the letter dated 21 January 2014 from the High Representative of the European
Union,
Taking note of the
letter from the Transitional authorities of the Central African Republic dated
22 January 2014 approving the deployment of an operation by the European Union,
Determining that the
situation in the CAR constitutes a threat to international peace and security
in the region,
BINUCA Mandate
1. Decides to extend the
mandate of BINUCA until 31 January 2015;
2. Decides that the
mandate of BINUCA shall be reinforced and updated as follows:
(a) Support for the
implementation of the transition process:
- To expedite the
re-establishment of constitutional order and implementation of the Libreville
agreements by identifying, facilitating, and coordinating regular communication
between all relevant Central African, regional, and international stakeholders
and providing strategic advice, technical assistance, and support to the
ongoing political process, transitional institutions and Authorities and their
implementation mechanisms;
- To take a leading role
in working with the Transitional Authorities, relevant stakeholders, regional
actors and the international community to devise and facilitate the political
transition process and to provide technical assistance in support of the
process;
- To assist in
reconciliation efforts, at both the national and local levels, including
through inter-religious dialogue and truth and reconciliation mechanisms
working with relevant Transitional Authorities and relevant regional bodies;
- To make all necessary
preparations, in support of the Transitional Authorities and working on an
urgent basis with the National Electoral Authority, for the holding of free and
fair elections, including the effective participation of women, as soon as
possible, but no later than February 2015 and, if possible, in the second half
of 2014, including by providing an urgent assessment of the financial,
technical, and logistical needs for the electoral process;
(f) Cooperation with the Committee and the
Panel of experts established pursuant to paragraphs 57 and 59 of resolution 212
7 (2013):
- To assist the
Committee established pursuant to paragraph 57 of resolution 2127 (2013) and
the Panel of Experts established by the same resolution, within its
capabilities, including by passing information relevant to the implementation
of the mandate of the Committee and Panel of Experts;
(g) Coordinatio17 of
international actors:
- To coordinate
international actors involved in the implementation of the tasks described
above;
3. Requests the
Secretary-General to urgently reinforce BINUCA and provide it with
significantly increased resources and expertise in order to fully and swiftly
implement all aspects of the mandate defined in paragraph. 2 of this resolution
and increase its capacity of coordinating international actors in the field of
its mandate and in this regard further requests the Secretary-General to submit
proposals and resource requirements to appropriate bodies as soon as possible;
4. Recalls the need for
the Transitional Authorities to restore state authority over the whole
territory of the country and underlines in this context the importance of
BINUCA's further expansion in the provinces;
5. Stresses the
importance of BINUCA working closely with the United Nations Country Team and
the Peacebuilding Commission;
6. Welcomes the
deployment of an initial contingent of the Guard Unit from the Kingdom of
Morocco on 1 January 2014, and urges the Secretary-General to expedite
preparations for the swift deployment of the full Guard Unit at the earliest
possible date;
7. Stresses the
importance for BINUCA to urgently make all necessary preparations for
elections, on an urgent basis, with the Transitional Authorities and the
National Electoral Authority;
8. Underscores the
importance for the Transitional Authorities to finalize, with the support of
BINUCA, a comprehensive strategy for the disarmament, demobilization and
reintegration (DDR) of combatants as well as repatriation (DDRR) in the case of
foreign combatants, including of all children associated with armed forces and
groups, working with the Transitional Authorities and in consultation with
MISCA and the French Forces and in this regard reiterates its request to the
Secretary-General to present detailed proposals for United Nations support in
his forthcoming report due no later than 5 March 2014;
9. Calls upon the
Transitional Authorities, with the assistance of BINUCA and international
partners, to address the illicit transfer, destabilizing accumulation, and
misuse of small arms and light weapons in the CAR, and to ensure the safe and
effective management, storage and security of their stockpiles of small arms
and light weapons, and the collection and/or destruction of surplus, seized,
unmarked, or illicitly held weapons and ammunition, and further stresses the
importance of incorporating such elements into SSR and DDR/R programs;
10. Stresses the urgent
need to deploy throughout the country an increased number of BINUCA's human
rights monitors in order to implement fully its mandate to monitor, help
investigate and report to the Council on violations of
20. Requests BINUCA to
provide assistance to Transitional Authorities in securing, in coordination
with MISCA, evidence and crime scenes to support future investigations;
2 I. Reiterates that all
perpetrators of such violations and abuses 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
recalls the statements made by the Prosecutor of the ICC on 7 August 2013 and 9
December 2013;
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, including those involving their recruitment and use, rape and sexual
violence, 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 violations and 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. Reiterates its demands
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 forces and armed groups;
24. Calls upon all
parties to armed conflict in the CAR, including former Seleka and anti-Balaka
elements to issue clear orders against sexual and gender- based 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;
25. Reiterates its call
upon all parties to armed conflict in the CAR to engage with the Special
Representative on Children and Armed Conflict and the Special Representative on
Sexual Violence in Conflict
26. Demands that
transitional authorities as well as all militia groups and parties to the
conflict, in particular the former Seleka, and the "anti-Balaka",
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;
27. Expresses deep concern
at the increasing numbers of internally displaced persons as a result of the
ongoing violence, stresses the need to ensure that the basic needs of those
persons are met, in particular access to water, food and shelters, and commends
UN humanitarian agencies and partners for their efforts to provide urgent and
coordinated support to the population in need in the CAR while also recognizing
the need to augment assistance to address increasing needs; other financial
assets or economic resources and in tile absence of a negative decision by the
Committee within five working days of such notification;
(b) To be necessary for
extraordinary expenses, provided that such determination has been notified by
the relevant State or Member States to the Committee and has been approved by
the Committee; or
(c) To be the subject of
a judicial, administrative or arbitral lien or judgment, in which case the
funds, other financial assets and economic resources may be used to satisfy
that lien or judgment provided that the lien or judgment was entered into prior
to the date of the present resolution, is not for the benefit of a person or
entity designated by the Committee, and has been notified by the relevant State
or Member States to the Committee;
34. Decides that Member
States may permit the addition to the accounts frozen pursuant to the
provisions of paragraph 32 above of interests or other earnings due on those
accounts or payments due under contracts, agreements or obligations that arose
prior to the date on which those accounts became subject to the provisions of
this resolution, provided that any such interest, other earnings and payments
continue to be subject to these provisions and are frozen;
35. Decides that the
measures in paragraph 32 above shall not prevent a designated person or entity
from making payment due under a contract entered into prior to the listing of
such a person or entity, provided that the relevant States have determined that
the payment is not directly or indirectly received by a person or entity
designated pursuant to paragraph 32 above, and after notification by the
relevant States to the Committee of the intention to make or receive such
payments or to authorize, where appropriate, the unfreezing of funds, other
financial assets or economic resources for this purpose, 10 working days prior
to such authorization;
36. Decides that the
measures contained in paragraphs 30 and 32 shall apply to the individuals and
entities designated by the Committee as engaging in or providing support for
acts that undermine the peace, stability or security of the CAR, including acts
that threaten or violate transitional agreements, or that threaten or impede
the political transition process, including a transition toward free and fair
democratic elections, or that fuel violence ;
37. FurtDer decides in
this regard that the measures contained in paragraphs 30 and 32 shall also
apply to the individuals and entities designated by the Committee as:
(a) acting in violation
of the arms embargo established in paragraph 54 of resolution 2127 (2013), or
as having directly or indirectly supplied, sold, or transferred to armed groups
or criminal networks in CAR, or as having been the recipient of arms or any
related materiel, or any technical advice, training, or assistance, including
financing and financial assistance, related to violent activities of armed
groups or criminal networks in CAR;
(b) involved in
planning, directing, or committing acts that violate international human rights
law or international humanitarian law, as applicable, or that constitute human
rights abuses or violations, in the CAR, including acts involving sexual
violence, targeting of civilians, ethnic- or religious-based attacks, attacks
on schools and hospitals, and abduction and forced displacement;
Mandate for the European
Union operation in the CAR
43. Authorizes the
European Union to deploy an operation in the CAR as referenced in the letter
dated 21 January 2014 from the High Representative of the European Union
(S/2014/45);
444. Authorizes the EU
operation to take all necessary measures within the limit-s of its capacities
and areas of deployment from its initial deployment and for a period of six
months fronl the declaration of its full operational capacity;
45. Requests the
European Union 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 of resolution 2127;
46. Calls upon Member
States, including neighboring countries of the CAR, to take appropriate
measures to support the action of the European Union, in particular by
facilitating the transfer to the CAR, without obstacles or delay, of all
personnel, equipment, provisions, supplies or other goods, including vehicles
and spare parts, intended for the European union operation;
47. Invites the
Transitional Authorities of the CAR to conclude a status of forces agreements
as soon as possible for the establishment of the European Union operation;
48, Emphasizes the need
for 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,
49. Requests the
Secretary-General to report to the Security Council on the implementation of
BINUCA's mandate every 90 days after the adoption of this resolution;
50. Decides to remain
seized of the matter.
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