May 7, 1999
Resolution 1237 (1999), Adopted Unanimously, Also Expresses Concern at Delays in Investigations of Downings of UN Chartered Aircraft
Deploring the deteriorating situation in Angola, which, it reiterated, was primarily due to UNITA's non-compliance with its obligations, the Security Council this afternoon decided to establish expert panels, for a period of six months, to investigate reported violations of measures imposed by it against the National Union for the Total Independence of Angola (UNITA), including violations in arms trafficking, oil supplies and the diamond trade, as well as the movement of UNITA funds.
By unanimously adopting resolution 1237 (1999), the Council, acting under Chapter VII of the United Nations Charter, decided that the expert panels, through visits to the countries concerned, would also identify parties aiding and abetting those violations, and recommend measures to end such violations and to improve the implementation of the measures imposed against UNITA.
The Council called upon the Governments of the States in which the expert panels would carry out their mandate to respond positively to the panels' requests for security, assistance, and access in pursuing their investigations. Such cooperation included: freedom of access for the panels' personnel, including to border points and airfields as necessary; the provision by the Governments concerned of information requested by the panels; and adoption by them of any measures needed for the panels to carry out their functions through the respective territories with full freedom, independence, and security.
Also by the text, the Council condemned the continued, indiscriminate attacks by UNITA against the civilian population, particularly in the cities of Huambo, Kuito, and Malange. In that connection, it reiterated its call upon all concerned to cooperate with United Nations humanitarian assistance activities on the basis of the principles of neutrality and non-discrimination to facilitate the delivery of humanitarian assistance to all those in need and to guarantee unconditionally the security and freedom of movement of humanitarian personnel.
The Council expressed concern at the delays in the investigations into the downing on 26 December 1998 and 2 January 1999 of two aircraft chartered by the United Nations and the loss under suspicious circumstances of other commercial aircraft over UNITA-controlled areas, as well as the crash on 26 June 1998 in Cí´te d'Ivoire of the aircraft carrying the Special Representative of the Secretary-General to Angola and other United Nations personnel. It reiterated its call upon all concerned to cooperate fully and to facilitate an immediate and objective international investigation of those incidents.
A statement after adoption of the resolution was made by the representative of the United States.
The meeting, which began at 12:21 p.m., was adjourned at 12:27 p.m.
Council Work Programme
For its consideration of the situation in Angola, the Security Council had before it a report of the Secretary-General dated 17 January on the situation in Angola (document S/1999/49), in which he declares that the Angolan peace process has collapsed and the country is in a state of war. In light of the expressed determination of the parties to "test their fortunes on the battlefield", as well as the worsening security situation and the inability of the United Nations Observer Mission in Angola (MONUA) to carry out its mandate, the conditions for a meaningful United Nations peacekeeping role in Angola cease to exist, he states.
On 21 January, the Council issued a presidential statement (S/PRST 1999/3) underlining the great importance of a continued multidisciplinary United Nations presence in Angola, under the direction of a Representative of the Secretary-General. Recognizing that a continued United Nations presence depended on the safety of its personnel and required the agreement of the Government of Angola and the cooperation of all concerned, the Council appealed to the Government of Angola (UNITA) to cooperate fully. (For further information, see Press Release SC/6630 of 21 January).
The Council also had before it a letter dated 4 May (document S/1999/509) from the Chairman of the Security Council Committee established pursuant to Security Council resolution 864 (1993), by which the Council imposed an embargo on the supply of arms and petroleum products to UNITA.
The letter transmits the text of a conceptual framework for expert studies to be undertaken to trace violations in arms trafficking, oil supplies and the diamond trade, as well as the movement of UNITA funds. The commissioning of these expert studies, pursuant to the Secretary-General's recommendation, was one of the proposals contained in the Committee's report of 12 February to the Security Council (document S/1999/147) for improving implementation of the measures imposed on UNITA. The Council endorsed the recommendations contained in the report of the Security Council Committee on Angola in its resolution 1129 (1999) of 26 February. In that same text, the Council reiterated its readiness to take steps to reinforce measures against UNITA.
The Chairman of the Committee further recommends that the proposed expert studies be conducted in two parts, concurrently or sequentially:
(a) One expert panel, on the sources of revenue, funding and petroleum supplies of UNITA, would focus on the resources that enable UNITA to operate and would encompass violations of sanctions on the direct or indirect export of diamonds by UNITA, the sale or supply of petroleum and petroleum products to UNITA and the provision or movement of funds and financial resources to UNITA.
(b) The other expert panel, on the sources of military support to UNITA, would study violations of Council-imposed sanctions on the sale or supply to UNITA of arms and related materiél and military assistance, including mercenaries.
The expert panels would have a mandate to collect information on the sources and methods of violations of the relevant Council sanctions against UNITA and to recommend measures to end those violations and to improve the implementation of the sanctions. The precise mandate would be set out in an enabling resolution of the Security Council.
The panels would operate concurrently, if the resources at the Committee's disposal permitted. If sufficient resources were not available, the expert panel on the sources of revenue, funding and petroleum supplies of UNITA could be established in the first instance, the establishment of the second panel being deferred until additional resources had been secured. This would ensure that the studies could be initiated at the earliest possible opportunity.
Each panel would have a mandate of six months' duration. The mandates would be renewable, upon the recommendation of the Committee and the decision of the Council.
The expert panel on the sources of revenue, funding and petroleum supplies of UNITA would include up to six members. The panel on the sources of military support to UNITA would include up to four members. Members would be selected on the basis of expertise, due regard also being given to balance of representation. The panels would be supported as an expense of the Organization and through a United Nations trust fund established for this purpose.
Draft Resolution
Also before the Council was a draft resolution (document S/1999/521) which was sponsored by Canada, Portugal, Russian Federation and the United States. The text of the draft resolution reads as follows:
"The Security Council,
"Reaffirming its resolution 696 (1991) of 30 May 1991 and all subsequent relevant resolutions, in particular resolutions 864 (1993) of 15 September 1993, 1127 (1997) of 28 August 1997 and 1173 (1998) of 12 June 1998, as well as resolution 1229 (1999) of 26 February 1999,
"Reaffirming its commitment to preserve the sovereignty and territorial integrity of Angola,
"Reiterating that the primary cause of the present crisis in Angola is the refusal of the Unií£o Nacional Para a Independíªncia Total de Angola (UNITA), under the leadership of Mr. Jonas Savimbi, to comply with its obligations under the "Acordos de Paz" (S/22609, annex), the Lusaka Protocol (S/1994/1441, annex) and relevant Security Council resolutions,
"Expressing its alarm at the humanitarian effects of the present crisis on the civilian population of Angola,
"Emphasizing its strong concern at reports of the provision of military assistance, including mercenaries, to UNITA,
"Having considered the recommendations contained in section IV of the report of the Secretary-General of 17 January 1999 (S/1999/49) concerning improving the implementation of the measures imposed against UNITA, and having endorsed the recommendations contained in the report of 12 February 1999 (S/1999/147) of the Committee established pursuant to resolution 864 (1993),
"Welcoming the recommendations contained in the letter and its enclosure of 4 May 1999 (S/1999/509) of the Chairman of the Committee established pursuant to resolution 864 (1993),
"A
"1. Stresses that lasting peace and national reconciliation in Angola can only be achieved through a political settlement of the conflict, and in this regard reaffirms the importance of the "Acordos de Paz" and the Lusaka Protocol;
"2. Welcomes and endorses the planned visits by the Chairman of the Committee established pursuant to resolution 864 (1993) to Angola and other concerned countries to discuss ways to improve the implementation of the measures against UNITA specified in paragraph 5 below;
"B
"Determining that, as a result of the refusal of UNITA to comply with its obligations under the "Acordos de Paz", the Lusaka Protocol and relevant Security Council resolutions, the current situation in Angola continues to constitute a threat to international peace and security in the region,
"Emphasizing its concern at reports of violations of the measures concerning arms and related matériel, petroleum, diamonds and financial assets, imposed against UNITA, contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998), and in this context acting under Chapter VII of the Charter of the United Nations,
"3. Deplores the deteriorating situation in Angola, which is primarily due to the refusal of UNITA, under the leadership of Mr. Jonas Savimbi, to comply with its obligations under the "Acordos de Paz", the Lusaka Protocol and relevant Security Council resolutions;
"4. Condemns the continued, indiscriminate attacks by UNITA against the civilian population of Angola, particularly in the cities of Huambo, Kuito and Malange;
"5. Stresses the obligation of all Member States to comply fully with the measures imposed against UNITA contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998);
"6. Endorses the letter and its enclosure of 4 May 1999 of the Chairman of the Committee established pursuant to resolution 864 (1993) and decides to establish the expert panels referred to therein for a period of six months with the following mandate:
"(a) To collect information and investigate reports, including through visits to the countries concerned, relating to the violation of the measures imposed against UNITA with respect to arms and related matériel, petroleum and petroleum products, diamonds and the movement of UNITA funds as specified in the relevant resolutions and information on military assistance, including mercenaries;
"(b) To identify parties aiding and abetting the violations of the above-mentioned measures;
"(c) To recommend measures to end such violations and to improve the implementation of the above-mentioned measures;
"7. Requests the Chairman of the Committee established pursuant to resolution 864 (1993) to submit to the Council no later than 31 July 1999 an interim report of the expert panels regarding their progress and preliminary findings and recommendations and to submit to the Council within six months of the formation of the expert panels their final report with recommendations;
"8. Calls upon all States, relevant United Nations bodies and concerned parties, as appropriate, including non-governmental organizations and enterprises, to cooperate in a full and timely manner with the expert panels to facilitate the implementation of their mandate, including by making available to the expert panels information relating to their mandate;
"9. Calls upon the Governments of the States concerned in which the expert panels will carry out their mandate to cooperate fully with the expert panels in the fulfilment of their mandate, including responding positively to requests from the expert panels for security, assistance, and access in pursuing investigations, including:
"(a) Adoption by them of any measures needed for the expert panels and their personnel to carry out their functions throughout the respective territories with full freedom, independence, and security;
"(b) Provision by them to the expert panels or to the Chairman of the Committee established pursuant to resolution 864 (1993) of information in their possession which the expert panels request or is otherwise needed to fulfil their mandate;
"(c) Freedom of access for the expert panels and their personnel to any establishment or place they deem necessary for their work, including border points and airfields;
"(d) Appropriate measures to guarantee the safety and security of the personnel of the expert panels and guarantees by them of full respect for the integrity, security and freedom of witnesses, experts and any other persons working with the expert panels in the fulfilment of their mandate;
"(e) Freedom of movement for the personnel of the expert panels, including freedom to interview any person in private, at any time, as appropriate;
"(f) The grant of relevant privileges and immunities in accordance with the General Convention on the Privileges and Immunities of the United Nations;
"10. Expresses its concern at the delays in the investigations into the downing on 26 December 1998 and 2 January 1999 of two aircraft chartered by the United Nations and the loss under suspicious circumstances of other commercial aircraft over UNITA-controlled areas in Angola as well as the crash on 26 June 1998 in Cí´te d'Ivoire of the aircraft carrying the Special Representative of the Secretary-General to Angola and other United Nations personnel, and reiterates its call upon all concerned to cooperate fully with and to facilitate an immediate and objective international investigation of these incidents;
"C
"11. Endorses the recommendation contained in the letter and its enclosure of 4 May 1999 of the Chairman of the Committee established pursuant to resolution 864 (1993) that the expert panels be supported as an expense of the Organization and through a United Nations Trust Fund established for this purpose, requests the Secretary-General to take the necessary steps towards this end, and urges States to make voluntary contributions to this Trust Fund;
"12. Reiterates its call upon all concerned to cooperate with the United Nations humanitarian assistance activities on the basis of the principles of neutrality and non-discrimination to facilitate the delivery of humanitarian assistance to all those in need throughout the territory of Angola and to guarantee unconditionally the security and freedom of movement of humanitarian personnel;
"13. Expresses its strong support for further consultations between the Secretary-General and the Government of Angola regarding the follow-up configuration of the United Nations presence in Angola;
"14. Decides to remain actively seized of the matter."
Action on Draft Resolution
The Council adopted resolution 1237 (1999) unanimously.
Statement
NANCY SODERBERG (United States) said her country strongly supported today's resolution, which demonstrated the Council's resolve to ensure that the sanctions imposed against the National Union for the Total Independence of Angola (UNITA) were fully implemented. Only through the implementation of those sanctions could the international community diminish UNITA's war-making ability and improve the prospects for a political settlement of the conflict -- a conflict which continued to exact a painful toll on Angolans.
She said her country appreciated the initiative of Ambassador Robert Fowler of Canada, Chairman of the Angola Sanctions Committee, who would travel to countries in the region over the next several weeks to discuss ways to improve the implementation of the sanctions against UNITA.
The United States also welcomed the establishment of expert panels to investigate sanctions violations, and hoped to provide personnel for them, she said. It understood that the expenses of those panels would be met primarily by a United Nations trust fund established for that purpose, and through the redeployment of existing resources of the regular budget, as necessary. Her country expected to contribute to the trust fund, and it urged other States to do so as well.
