United Nations

SECURITY COUNCIL, UNANIMOUSLY ADOPTING RESOLUTION 1336 (2001), EXTENDS MANDATE OF ANGOLA SANCTIONS MONITORING MECHANISM FOR THREE MONTHS

Requests Written Addendum to Final Report by 19 April

NEW YORK, 23 January (UN Headquarters) -- The Security Council this evening extended for three months the mandate of the Monitoring Mechanism established last April to investigate violations of the Council’s three previous resolutions that imposed sanctions on the National Union for the Total Independence of Angola (UNITA).

The Monitoring Mechanism is a follow-up to the Panel of Experts established by the Council in May 1999 to investigate the violation of sanctions and which delivered its report, including extensive recommendation on how to strengthen sanctions, in March 2000.

The Council, acting under Chapter VII of the United Nations Charter, unanimously adopted resolution 1336 (2001), by which it called upon all States to cooperate fully with the Monitoring Mechanism in the discharge of its mandate.

The Mechanism, originally established for a six-month period, submitted its report on 21 December (document S/2000/1225), and the Council today expressed its intention to give full consideration to the report. It asked the Panel to report periodically to the Sanctions Committee set up under resolution 864 (1993), and to provide a written addendum to its final report by 19 April.

The Secretary-General was requested to re-appoint up to five of the experts appointed by him, pursuant to resolution 1295 (2000) of 18 April, to serve on the Mechanism and make the necessary financial arrangements to support the work.

The meeting, which was convened at 6:04 p.m., adjourned at 6:07 p.m.

Resolution

The full text of the resolution, which will be issued as resolution 1336 (2001), reads as follows:

"The Security Council,

"Reaffirming its resolution 864 (1993) of 15 September 1993 and all subsequent relevant resolutions, in particular resolutions 1127 (1997) of

28 August 1997, 1173 (1998) of 12 June 1998, 1237 (1999) of 7 May 1999 and 1295 (2000) of 18 April 2000,

"Reaffirming also its commitment to preserve the sovereignty and territorial integrity of Angola,

"Expressing its continued concern regarding the humanitarian effects of the present situation on the civilian population of Angola,

"Determining that the situation in Angola constitutes a threat to international peace and security in the region,

"Acting under Chapter VII of the Charter of the United Nations,

"1. Takes note of the final report (S/2000/1225) of the monitoring mechanism established pursuant to resolution 1295 (2000);

"2. Expresses its intention to give full consideration to the final report pursuant to paragraph 5 of resolution 1295 (2000);

"3. Decides to extend the mandate of the monitoring mechanism as set out in resolution 1295 (2000) for a period of three months;

"4. Requests the monitoring mechanism to report periodically to the Committee established pursuant to resolution 864 (1993), and to provide a written addendum to the final report, by 19 April 2001;

"5. Requests the Secretary-General, upon adoption of this resolution and acting in consultation with the Committee, to re-appoint up to five of the experts appointed by him pursuant to resolution 1295 (2000) to serve on the monitoring mechanism and further requests the Secretary-General to make the necessary financial arrangements to support the work of the monitoring mechanism;

"6. Requests the Chairman of the Committee established pursuant to resolution 864 (1993) to submit the written addendum to the final report to the Council by 19 April 2001;

"7. Calls upon all States to cooperate fully with the monitoring mechanism in the discharge of its mandate;

"8. Decides to remain actively seized of the matter."

Report by Monitoring Mechanism

When the Council met this evening, it had before it the final report of the Monitoring Mechanism on Angola Sanctions, which was established by the Security Council in resolution 1295 (2000) of 18 April for a six-month period. The report (document S/2000/1225) provides an extensive overview of the Mechanism's activities since its establishment, as well as conclusions and recommendations.

The Mechanism had two points of departure: the report of the Panel of Experts established in May 1999, and the current situation on the ground in Angola. The Panel of Experts delivered its report to the Council on 10 March 2000 (document S/2000/203). That report revealed how the sanctions against UNITA, put in place by three Security Council resolutions, were being violated and made extensive recommendations on how the sanctions regime could be further strengthened. The Mechanism was charged with collecting additional information and investigating relevant leads initiated by the Panel.

The report of the Mechanism covers a wide range of issues, among them sanctions-busting on arms and equipment, findings on arms and equipment in specific countries, UNITA representation and travel, the role of transport in the violation of sanctions, and sanctions on diamond trading and financial assets.

The report states that it decided to give priority to investigating violations of Council measures in the area of arms and equipment, as well as following up on new and old leads. To that end, the Mechanism undertook extensive visits to the countries cited in the report of the Panel of Experts.

There is no doubt, the report goes on to say, that the sanctions, together with the military operations carried out by the Angolan armed forces and the vigilance of the international community, are hurting UNITA’s ability to wage war. Nevertheless, it is difficult to assess with a degree of certainty the scope of this judgement. However, since peace has not yet been achieved, the international community cannot leave the Angolan situation unattended. Only strict compliance with the sanctions will assist in forcing UNITA, at some time, to fully comply with the peace process it has betrayed.

Peace in Angola will also have an important impact in the Democratic Republic of the Congo and in Sierra Leone, where so many efforts are being deployed to stop the conflicts that have ravaged those countries, the report adds.

The Mechanism recommends that, in order for the measures against UNITA to be taken seriously, the Security Council should consider applying sanctions against any government found to be intentionally violating them. Arms-exporting countries, it further recommends, should strengthen their systems pertaining to arms exports, in particular verifying the authenticity and country of issuance of the relevant documents.

The Mechanism also recommends that the importation of arms should be subject to adequate legislation and should be managed through a mechanism that can define clearly the responsibilities of all agencies and officials involved. Such a system should include provisions designating in person the officials authorized to sign end-user certificates.

The Mechanism also recommends that governments consider putting in place systems to allow for the speedy exchange of information and verification of the validity of end-user certificates, through the designation of a contact authority in the arms exporting and importing side, or by any other way deemed appropriate. The international community should give full support to the implementation of the Economic Community of West African States (ECOWAS) moratorium and the Southern African Development Community (SADC) action plan for the control of light weapons, the report states.

In the area of travel and representation, the Mechanism recommends that the United Nations list of senior UNITA officials and their adult family members, which is a major tool for the implementation of the sanctions, be continually updated by the Sanctions Committee. To that effect, the Secretariat has, in accordance with the guidelines issued by the Committee, an essential role to play, providing the Committee with the information necessary for the updating process.

Among the Panel's recommendations on diamonds and finance is that Member States consider implementing the certificate of origin scheme with the minimum of delay. Those countries that lack the technical resources to implement the system should be aided in setting it in place. This will both protect the legitimate industry and begin to clarify the problem of illicit diamonds.

On transport, the Mechanism recommends that Member States consider putting in place tighter controls on operators using "flags of convenience". Thus, if an aircraft operator wishes to use a certain country as a base, that country would become the designated country of registration.

Sanctions-busters should have their aircraft de-registered, the Mechanism recommends. An international list of companies, individuals and aircraft breaking sanctions should be maintained by the United Nations on a permanent basis and provided to those countries that export arms.

Aware that any vacuum or discontinuity in the exercise of vigilance by the international community will affect the aims of the Security Council sanctions against UNITA, the Mechanism recommends that the Chairman of the Sanctions Committee be asked to report to the Security Council on actions taken to follow up on the conclusions and the recommendations contained in the present report. The Mechanism further recommends that the Council consider ensuring that a system allowing for the continuity of the monitoring of the implementation of sanctions is put in place.

The five members of the Mechanism are: Juan Larain (Chile), Chairman; Lena Sundh (Sweden); Christine Gordon (United Kingdom); James Manzou (Zimbabwe); and Ismaila Seck (Senegal).