Tuesday, January 28, 2014

Security Council resolution 2134 authorises EU force in CAR / BINUCA

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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