Global Policy Forum

February 14, 2005

Security Council

Distr. GENERAL SC/556 ORIGINAL: ENGLISH

The Security Council,

Recalling its resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July 2004, 1564 (2004) of 18 September 2004, and 1574 (2004) of 19 November 2004 and statements of its President concerning Sudan,

Reaffirming its commitment to the sovereignty, unity, independence and territorial integrity of Sudan, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation,

Welcoming the 9 January 2005 signing in Nairobi, Kenya, of the Comprehensive Peace Agreement between the Government of Sudan (GOS) and the Sudan People's Liberation Movement/Army (SPLM),

Recalling its support for the Comprehensive Peace Agreement, the 19 November 2004 Nairobi Memorandum of Understanding, the 8 April N'djamena Ceasefire Agreement, and the 9 November 2004 Abuja Protocols,

Expressing its determination to help the people of Sudan to promote national reconciliation, lasting peace and stability, and to build a prosperous and united Sudan in which human rights are respected and the protection of all citizens is assured,

Recognizing that the Government of National Unity must build on the Comprehensive Peace Agreement to bring peace and stability to the entire country, and calling on the parties to the Comprehensive Peace Agreement to take immediate steps to achieve a peaceful settlement to the conflict in Darfur and to take all necessary action to prevent further violations of human rights and international humanitarian law and to put an end to impunity, including in the Darfur region,

Deploring the continued violations of the 8 April 2004 N'djamena ceasefire agreement by all sides in Darfur and the deterioration of the security situation and negative impact this has had on humanitarian assistance efforts, including the lack of measles and polio prevention coverage in inaccessible areas,

Strongly condemning the violations of human rights and international humanitarian law in the Darfur region, including those committed in December 2004 and January 2005, and expressing its determination to ensure that those responsible for these violations are identified and held accountable,

Recalling the demands, in resolutions 1556 (2004), 1564 (2004), and 1574 (2004), that all parties to the conflict in Darfur refrain from any violence against civilians and cooperate fully with the African Union Mission in Darfur,

Commending the commitment of the African Union in resolving the crisis in Darfur and calling on all member states to contribute generously to the African Union Mission in Darfur, and calling on the United Nations to continue to provide assistance where appropriate to the African Union Mission in Darfur

Reiterating its support for the efforts of the Inter-Governmental Authority for Development (IGAD), in particular the Government of Kenya as Chair of the Sub-Committee on Sudan, and the efforts of the African Union, in particular the President of the African Union, Nigerian President Olusegun Obasanjo, and recognizing the vital role they play in the peace process,

Taking note of the Secretary-General's reports of 31 January 2005 (S/2005/57) and 4 February 2005 (S/2005/68), as well as the 25 January 2005 findings of the international Commission of Inquiry,

Reaffirming its resolutions 1325 (2000) on women, peace, and security, 1379 (2001) and 1460 (2003) on children in armed conflicts, as well as resolutions 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflicts,

Welcoming the efforts by the United Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other communicable diseases in all its peacekeeping operations,

Expressing grave concern at the allegations of sexual exploitation and misconduct by United Nations personnel in United Nations established operations, and welcoming the Secretary-General's 9 February 2005 letter to the Council in this regard, affirming there will be a zero-tolerance policy on exploitation and misconduct in all UN peacekeeping missions,

Aware that international support for implementation of the Comprehensive Peace Agreement is critically important to its success and alarmed that the violence in Darfur nonetheless continues,

Taking note of the request of the parties to the Comprehensive Peace Agreement for the establishment of a peace support mission,

Expressing appreciation for the important contributions of SHIRBRIG toward the planning, preparation, and initial deployment of the peace support mission,

Determining that the situation in Sudan continues to constitute a threat to international peace and security,

1. Decides to establish the United Nations Mission in Sudan (UNMISUD) for an initial period of 6 months and further decides that UNMISUD will consist of up to 10,000 United Nations uniformed personnel, plus 715 civilian police, and an appropriate civilian component, including judiciary, human rights, legal, and media officials, and requests that UNMISUD carry out its mandate in close and continuous liaison with the African Union Mission in Darfur as well as with existing monitoring missions during the transitional process;

2. Decides that the mandate of UNMISUD shall be the following:

(a) to monitor, and verify the Ceasefire Agreement, and support implementation of the Comprehensive Peace Agreement,
(b) to observe and monitor movement of armed groups,
(c) to investigate violations of the ceasefire agreement, (d) to assist in the establishment of the disarmament, demobilization, and reintegration program as called for in the Comprehensive Peace Agreement and in its implementation through voluntary disarmament, and weapons collections and destruction,
(e) to coordinate closely at all levels with the African Union Mission in Darfur,
(f) to coordinate activities of other UN agencies for human rights, security sector reform, judicial assistance, electoral assistance, and refugee and IDP protection and assistance,
(g) to promote understanding of the peace process, the protection of human rights, and the advancement of justice and the rule of law, and the role of UNMISUD by means of an effective public information campaign in coordination with the African Union, (h) to assist the parties to the Comprehensive Peace Agreement, in coordination with bilateral assistance programmes, to develop a police training and evaluation program,
(i) to assist the parties to the Comprehensive Peace Agreement in establishing authority and integrity of the judiciary,
(j) to facilitate the free flow of people, goods, and humanitarian assistance, inter alia, by helping to establish the necessary security conditions,

3. Requests the Secretary General to brief the Council within 60 days on options for how UNMISUD can reinforce the effort to foster peace in Darfur, including through appropriate capacity building assistance to the African Union Mission;

4. Calls upon all parties to cooperate fully in the deployment and operations of UNMISUD, in particular by guaranteeing the safety, security and freedom of movement of United Nations personnel as well as associated personnel throughout the territory of Sudan;

5. Requests that the Secretary General transfer all the major functions performed by the political mission in Sudan (UNAMIS) to UNMISUD, together with staff and logistics of the office as appropriate, on the date when UNMISUD is established;

6. Requests the Secretary-General to keep the Council regularly informed of the progress in implementing the Comprehensive Peace Agreement, maintenance of the ceasefire, and the implementation of the mandate of UNMISUD, and to report to the Council in this regard every three months, also including a review of the troop level;

7. Notes the Secretary-General's policy of zero tolerance for acts of sexual exploitation and abuse or other acts of misconduct committed by United Nations personnel, requests the Secretary-General establish a Personnel Conduct Unit in UNMISUD to develop strategies and mechanisms to prevent, identify and respond to all forms of misconduct, including sexual exploitation and abuse, and requests the Secretary-General to take the appropriate action in accordance with the Secretary-General's Bulletin on special measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to keep the Council informed; further encourages UNMISUD to conduct training for personnel to prevent misconduct and ensure full compliance with its code of conduct, and urges troop-contributing countries to take appropriate disciplinary and other action to ensure full accountability in cases of such conduct involving their personnel;

8. Acting under Chapter VII of the Charter of the United Nations, decides that UNMISUD may take the necessary action, in the areas of deployment of its forces and as it deems within its capabilities, to protect United Nations personnel, facilities, installations, and equipment, ensure the security and freedom of movement of UN personnel, humanitarian workers, joint assessment mechanism and assessment and evaluation commission personnel, and protect civilians under imminent threat of physical violence; requests that the Secretary General and the Government of Sudan, following appropriate consultation with the Sudan People's Liberation Movement, conclude a status-of-forces agreement within 30 days of adoption of the resolution, taking into consideration General Assembly resolution 58/82 on the scope of legal protection under the Convention on the Safety of United Nations and Associated Personnel, and notes that pending the conclusion of such an agreement, the model status-of-forces agreement dated 9 October 1990 (A/45/594) shall apply provisionally;

9. Deplores that the Government and rebel forces and all other armed groups in Darfur have failed to comply with their commitments and the demands of the Council referred to in resolutions 1556 (2004), 1564 (2004), and 1574 (2004), condemns the continued violations of the 8 April 2004 N'djamena Ceasefire Agreement and the 9 November 2004Abuja Protocols, including air strikes by the Government of Sudan in December 2004 and January 2005 and rebel attacks on Darfur villages in January 2005, and its failure to dismantle and disarm Janjaweed militiamen, and demands that all parties take immediate steps to fulfill all their commitments to respect the N'djamena Ceasefire Agreement and the Abuja Protocols, to facilitate humanitarian assistance, and to cooperate fully with the African Union Mission;

10. Emphasizes that there can be no military solution to the conflict in Darfur and that the formation and implementation of a Declaration of Political Principles at the Darfur peace talks in Abuja between the Government of Sudan and the Sudan Liberation Army (SLA) and the Justice and Equality Movement (JEM) will contribute towards implantation of the Comprehensive Peace Agreement throughout Sudan, including Darfur, and urges the parties to the Comprehensive Peace Agreement to play an active role in the Abuja talks and take immediate steps to support a peaceful settlement to the conflict in Darfur;

11. Acting under Chapter VII of the Charter of the United Nations, and in light of the failure of all parties to the conflict in Darfur to fulfill their commitments, decides

(a) to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein "the Committee"), to undertake the following tasks:

(i) to monitor implementation of the measures referred to in subparagraphs (c) and (d) of this paragraph and paragraphs 7 and 8 of resolution 1556 (2004), and paragraph 15 below;
(ii) to designate those individuals subject to the measures imposed by subparagraphs (c) and consider requests for exemptions in accordance with subparagraph (d);
(iii) to establish such guidelines as may be necessary to facilitate the implementation of the measures imposed by subparagraphs (c) and (d);
(iv) to report every 90 days to the Security Council on its work; (v) to provide approval to the Government of Sudan for the movement of military equipment and supplies into the Darfur region n cases that the Committee determines to be appropriate; (vi) to assess reports from the Panel of Experts established under subparagraph 11(b), and Member States, in particular those in the region, on specific steps they are taking to implement the measures imposed by subparagraphs ( c) and (d);
(vii) to encourage a dialogue between the Committee and interested Member States, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures.

(b) to establish, within one month from the date of adoption of this resolution, in consultation with the Committee, a Panel of Experts comprised of four members and based in Addis Ababa, Ethiopia and El Fasher, Sudan and operating under the direction of the Committee for a period of six months to undertake the following tasks:

(i) to assist the Committee in monitoring implementation of the measures in subparagraphs ( c) and (d) of this paragraph, paragraphs 7 and 8 of resolution 1556 (2004), and paragraph 15 of this resolution, and to make recommendations on actions the Council may want to consider;
(ii) to provide a mid-term briefing to the Committee on its work, an interim report to the Council no later than 90 days after adoption of this resolution, and a final report to the Council, through the Committee with its findings and recommendations; and (iii) to coordinate its activities as appropriate with ongoing operations of the African Union

(c) decides that, for a period of 12 months, all States shall take the necessary measures to prevent the entry into or transit through their territories of all persons as designated by the Committee established by subparagraph (a) above who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the measure imposed by paragraphs 7 and 8 of resolution 1556 (2004) or paragraphs 15 of this resolution as implemented by a state, or is responsible for offensive military overflights described in paragraph 14 of this resolution, provided that nothing in this paragraph shall obligate a State to refuse entry into its territory to its own nationals;

(d) decides that all States shall freeze any identifiable funds, financial assets and economic resources that are on their territories on the date of adoption of this resolution or at any time thereafter, that are owned or controlled, directly or indirectly, by the persons designated pursuant to subparagraph ( c) above by the Committee, or that are held by entities owned or controlled, directly or indirectly, by such persons, and decides further that all States shall ensure that no funds, financial assets or economic resources are made available by their national or by any persons within their territories, to or benefit of such persons or entities.

(e) decides that the measures imposed by subparagraph ( c) above shall not apply where the Committee established by subparagraph (a) above determines that such travel is justified on the ground of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would otherwise further the objectives of the Council's resolutions for the creation of peace and stability in Sudan and the region;

(f) Decides that the measures imposed by subparagraph (d) shall not apply to the extent provided in annex 1 to this resolution;

(g) Requests the Secretary-General, in consultation with the Committee, to appoint, within 30 days of adoption of this resolution, the members of the Panel of Experts referred to in subparagraph (b) above;

12. Decides that the measures referred to in subparagraphs ( c) and (d) of paragraph 11 shall enter into force 30 days from the date of adoption of this resolution, unless the Security Council determines before then that the parties to the conflict in Darfur have complied with all commitments and demands referred to in paragraph 10 above and paragraph 14 below;

13. Expresses its readiness to consider the modification or termination of the measures under paragraph 11 at the end of a period of 12 months from the date of adoption of this resolution, and shall review these measures in light of progress accomplished in the Abuja process for Darfur and progress by the parties in complying with the commitments and demands referred to in paragraph 9 above and paragraph 14 below;

14. Demands that the Government of Sudan, in accordance with its commitments under the 8 April 2004 N'djamena ceasefire agreement, refrain from conducting offensive military flights in and over the Darfur region;

15. Reaffirms the measures imposed by paragraphs 7 and 8 of resolution 1556 (2004) and decides that these measures shall immediately upon adoption of this resolution, also apply to the Government of Sudan in the states of North Darfur, South Darfur and West Darfur; notes that these measures shall not apply to the supplies and related technical training and assistance listed in paragraph 9 of resolution 1556 (2004); decides that these measures shall not apply with respect to assistance provided in support of implementation of the Comprehensive Peace Agreement; further decides that these measures shall not apply to movements of military equipment and supplies into the Darfur region that are approved in advance by the Committee established under paragraph 11(a) upon a request by the Government of Sudan; and invites the African Union Ceasefire Commission to share pertinent information as appropriate in this regard with the Secretary General, the Committee, and the Panel of Experts established under paragraph 11(b);

16. Underscores the need to rapidly increase the numbers of human rights monitors in Darfur, and urges the Secretary General and the Commissioner of Human Rights to undertake to accelerate the deployment of human rights monitors to Darfur and augment their numbers, and also to move forward with the formation of civilian monitoring protection teams;

17. Requests that the Secretary-General continue to report on a monthly basis on the situation in Darfur;

18. Reiterates that, in the event the parties fail to fulfill their commitments and demands as outlined in paragraphs 9 and 14, and the situation in Darfur continues to deteriorate, the Council will consider further measures as provided for in Article 41 of the Charter, including through actions relating to Sudan's petroleum sector;

19. Declares its determination that perpetrators of the crimes and atrocities identified by the International Commission of Inquiry must be brought to justice through internationally accepted means and that the climate of impunity in Sudan shall end;

20. Decides to remain seized of the matter.

Annex 1

In accordance with subparagraph 11 (f) of this resolution, the measures imposed by paragraph 11(d) of this resolution do not apply to funds, other financial assets and economic resources that;

(a) have been determined by relevant States to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant States to the Committee described in Annex 1 of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within two working days of such notification,

(b) have been determined by relevant States to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant States to the Committee and has been approved by the Committee, or

(c) have been determined by relevant States to be 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 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 States to the Committee.