16 November 2004
Security Council Imposes Immediate, 13-Month Arms Embargo on Côte dIvoire Unanimously Adopting Resolution 1572 (2004)
Restrictions on Travel, Finance Will Follow if Commitments Under Peace Agreements Not Implemented by 15 December
NEW YORK, 15 November (UN Headquarters) -- Deploring the resumption of hostilities in Côte dIvoire and the repeated violations of the ceasefire of 3 May 2003, the Security Council this evening imposed an immediate 13 month arms embargo on Côte dIvoire and gave the Ivorian parties to the conflict until 15 December to implement their commitments under the existing peace process or face further restrictions on travel and finance.
Acting under Chapter VII of the United Nations Charter, the Council unanimously adopted the French-led resolution 1572 (2004), sponsored also by Chile, Germany, Romania, Spain, United Kingdom, and the United States. It decided that it would review the sanctions in light of progress accomplished in the peace and national reconciliation process at the end of 13 months.
The Council also expressed its readiness to consider the modification or termination of those measures before the 13-month period was up only if the agreements in the peace process -- the Linas-Marcoussis and Accra III Agreements -- had been fully implemented.
(The accord reached in Linas-Marcoussis, France, in January 2003, known as the Linas-Marcoussis Agreement, called for the formation of a government of national reconciliation and the establishment of a monitoring committee to supervise compliance. A ceasefire was agreed between the national armed forces and the Forces Nouvelle on 2 May 2003.
The Accra II and III Agreements signed in Accra, Ghana, respectively on 8 May and 31 July, sought to further consolidate the peace process that began with the signing of the peace agreement in France. They concern, among other things, a constitutional amendment on the eligibility of presidential candidates and the disarmament of the rebels.)
In a related provision of todays text the Council decided to establish a Committee of all Council members to undertake several tasks, including: to designate individuals and entities subjected to the sanctions; to promulgate guidelines as might be necessary to facilitate implementation of those measures; and to present regular reports to the Council on its work, particularly on ways to strengthen the effectiveness of the measures imposed by the text.
The Council requested all States concerned, particularly those in the region, to report to the Committee, within 90 days from now, on the actions they had taken to implement the sanctions, and authorized the Committee to request whatever further information it might consider necessary.
Explaining his position after the vote, the French representative said the text had a crucial objective, namely to help resolve the political situation, as there was no military solution to the crisis. For months he had witnessed with regret the impasse in the situation, owing to the refusal of the Ivorian parties to comply with their commitments. It was right for the Council today to have asked Côte dIvoire to implement its commitments and it was right for it to have adopted an immediate arms embargo and enter into force other measures, if implementation of the peace commitments did not occur by 15 December. Todays action had also put the full weight of the international community behind the African initiatives.
Expressing deep concern over the current situation, Chinas representative hoped for its early stabilization to enable the peace process to get on the right track. In view of the current situation, China had favoured the Councils further action today. At the same time, the objective of that action should be to urge the various parties to comply with the ceasefire and resume the peace process. Based on that principle, and taking into account the views of the countries of the African Union, he had voted in favour of the draft, while urging the parties to cooperate with the mediation efforts under way, especially those of the African Union, and to implement, as soon as possible, their peace agreements.
As the Council was dealing with a conflict in one of Africas key countries and one that had, in the past, been described as a symbol of prosperity and stability, it had a moral obligation to contribute to Côte dIvoires stability at a moment when tension had reached alarming proportions. In such a tense environment, the Council should opt for the kind of pressure that would not radicalize the positions of the parties, but stimulate dialogue. Finding the best way to calm the tensions and bring the parties back to the implementation of their agreements should be the only and main objective of the resolution just passed.
The meeting began at 6:46 p.m. and was adjourned at 6:58 p.m.
When the Security Council met this evening on the situation in Côte dIvoire, it had before it the following draft resolution (document S/2004/892), sponsored by Chile, France, Germany, Romania, Spain, United Kingdom and the United States:
The Security Council,
Recalling its resolution 1528 (2004) of 27 February 2004, as well as the relevant statements of its President, in particular those of 6 November 2004 (S/PRST/2004/42) and of 5 August 2004 (S/PRST/2004/29),
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Côte dIvoire, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation,
Recalling that it endorsed the agreement signed by the Ivoirian political forces in Linas-Marcoussis on 24 January 2003 (S/2003/99) (the Linas-Marcoussis Agreement) approved by the Conference of Heads of States on Côte dIvoire, held in Paris on 25 and 26 January 2003, and the Agreement signed in Accra on 30 July 2004 (Accra III Agreement),
Deploring the resumption of hostilities in Côte dIvoire and the repeated violations of the ceasefire agreement of 3 May 2003,
Deeply concerned by the humanitarian situation in Côte dIvoire, in particular in the northern part of the country, and by the use of the media, in particular radio and television broadcasts, to incite hatred and violence against foreigners in Côte dIvoire,
Recalling strongly the obligations of all Ivoirian parties, the Government of Côte dIvoire as well as the Forces Nouvelles, to refrain from any violence against civilians, including against foreign citizens, and to cooperate fully with the activities of the United Nations Operation in Côte dIvoire (UNOCI),
Welcoming the ongoing efforts of the Secretary-General, the African Union and the Economic Community of Western African States (ECOWAS) towards re-establishing peace and stability in Côte dIvoire,
Determining that the situation in Côte dIvoire continues to pose a threat to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the air strikes committed by the national armed forces of Côte dIvoire (FANCI) which constitute flagrant violations of the ceasefire agreement of 3 May 2003 and demands that all Ivoirian parties to the conflict, the Government of Côte dIvoire as well as Forces nouvelles, fully comply with the ceasefire;
2. Reiterates its full support for the action undertaken by UNOCI and French forces in accordance with their mandate under resolution 1528 (2004) and with the statement of its President of 6 November 2004 (S/PRST/2004/42);
3. Emphasizes again that there can be no military solution to the crisis and that the full implementation of the Linas-Marcoussis and Accra III Agreements remains the only way to resolve the crisis persisting in the country;
4. Urges as a consequence the President of the Republic of Côte dIvoire, the heads of all the Ivoirian political parties and the leaders of the Forces Nouvelles immediately to begin resolutely implementing all the commitments they have made under these agreements;
5. Expresses its full support for the efforts of the Secretary-General, the African Union and ECOWAS and encourages them to continue these efforts in order to re-launch the peace process in Côte dIvoire;
6. Demands that the Ivoirian authorities stop all radio and television broadcasting inciting hatred, intolerance and violence, requests UNOCI to strengthen its monitoring role in this regard, and urges the Government of Côte dIvoire and the Forces nouvelles to take all necessary measures to ensure the security and the safety of civilian persons, including foreign nationals and their property;
7. Decides that all States shall, for a period of thirteen months, take the necessary measures to prevent the direct or indirect supply, sale or transfer to Côte dIvoire, from their territories or by their nationals, or using their flag vessels or aircraft, of arms or any related materiel, in particular military aircraft and equipment, whether or not originating in their territories, as well as the provision of any assistance, advice or training related to military activities;
8. Decides that the measures imposed by paragraph 7 above shall not apply to:
(a) supplies and technical assistance intended solely for the support of or use by UNOCI and the French forces who support them,
(b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training, as approved in advance by the Committee established by paragraph 14 below,
(c) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Côte dIvoire by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only,
(d) supplies temporarily exported to Côte dIvoire to the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte dIvoire, as notified in advance to the Committee established by paragraph 14 below,
(e) supplies of arms and related materiel and technical training and assistance intended solely for support of or use in the process of restructuring defence and security forces pursuant to paragraph 3, subparagraph (f) of the Linas-Marcoussis Agreement, as approved in advance by the Committee established by paragraph 14 below;
9. Decides that all States shall take the necessary measures, for the same period of twelve months, to prevent the entry into or transit through their territories of all persons designated by the Committee established by paragraph 14 below, who constitute a threat to the peace and national reconciliation process in Côte dIvoire, in particular those who block the implementation of the Linas-Marcoussis and Accra III Agreements, any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte dIvoire on the basis of relevant information, any other person who incites publicly hatred and violence, and any other person determined by the Committee to be in violation of measures imposed by paragraph 7 above, provided that nothing in this paragraph shall oblige a State to refuse entry into its territory to its own nationals;
10. Decides that the measures imposed by paragraph 9 shall not apply where the Committee established by paragraph 14 below determines that such travel is justified on the grounds of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would further the objectives of the Councils resolutions, for peace and national reconciliation in Côte dIvoire and stability in the region;
11. Decides that all States shall, for the same period of twelve months, freeze immediately the funds, other financial assets and economic resources which are on their territories at the date of adoption of this resolution or at any time thereafter, owned or controlled directly or indirectly by the persons designated pursuant to paragraph 9 above by the Committee established by paragraph 14 below, or that are held by entities owned or controlled directly or indirectly by any persons acting on their behalf or at their direction, as designated by the Committee, and decides further that all States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any persons within their territories, to or for the benefit of such persons or entities;
12. Decides that the provisions of paragraph 11 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 established by paragraph 14 below 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 judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement: was entered prior to the date of the present resolution, is not for the benefit of a person referred to in paragraph 11 above or an individual or entity identified by the Committee, and has been notified by the relevant States to the Committee;
13. Decides that, at the end of the aforesaid period of 13 months, the Security Council shall review the measures imposed by paragraphs 7, 9 and 11 above, in the light of progress accomplished in the peace and national reconciliation process in Côte dIvoire as defined by the Linas-Marcoussis and Accra III Agreements, and expresses its readiness to consider the modification or termination of these measures before the aforesaid period of 12 months only if the Linas-Marcoussis and Accra III Agreements have been fully implemented;
14. Decides 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 (the Committee), to undertake the following tasks:
(a) to designate the individuals and entities subject to the measures imposed by paragraphs 9 and 11 above, and to update this list regularly,
(b) to seek from all States concerned, and particularly those in the region, information regarding the actions taken by them to implement the measures imposed by paragraphs 7, 9 and 11 above, and whatever further information it may consider useful, including by providing them with an opportunity to send representatives to meet the Committee to discuss in more detail any relevant issues,
(c) to consider and decide upon requests for the exemptions set out in paragraphs 8, 10 and 12 above,
(d) to make relevant information publicly available through appropriate media, including the list of persons referred to in subparagraph (a) above,
(e) to promulgate guidelines as may be necessary to facilitate the implementation of the measures imposed by paragraphs 11 and 12 above,
(f) to present regular reports to the Council on its work, with its observations and recommendations, in particular on ways to strengthen the effectiveness of the measures imposed by paragraphs 7, 9 and 11 above;
15. Requests all States concerned, in particular those in the region, to report to the Committee, within ninety days from the date of adoption of this resolution, on the actions they have taken to implement the measures imposed by paragraphs 7, 9 and 11 above, and authorizes the Committee to request whatever further information it may consider necessary;
16. Urges all States, relevant United Nations bodies and, as appropriate, other organizations and interested parties, to cooperate fully with the Committee, in particular by supplying any information at their disposal on possible violations of the measures imposed by paragraphs 7, 9 and 11 above;
17. Expresses its determination to consider without delay further steps to ensure the effective monitoring and implementation of the measures imposed by paragraphs 7, 9 and 11 above, in particular the establishment of a panel of experts;
18. Requests the Secretary General to submit a report to the Council by 15 March 2005, drawing on information from all relevant sources, including the Government of National Reconciliation in Côte dIvoire, UNOCI, ECOWAS and the African Union, on progress made towards the goals described in paragraph 13 above;
19. Decides that the measures imposed by paragraphs 9 and 11 above shall enter into force on 15 December 2004, unless the Security Council shall determine before then that the signatories of Linas-Marcoussis and Accra III Agreements have implemented all their commitments under the Accra III Agreement and are embarked towards full implementation of the Linas-Marcoussis Agreement;
20. Decides to remain actively seized of the matter.
Action on Text
Turning directly to action on the draft, the Security Council unanimously adopted the resolution on Côte dIvoire.
Explanations of Vote
Speaking after the vote, WANG GUANGYA (China) said he was deeply concerned about the current situation in Côte dIvoire. He condemned the air raids against French peacekeepers. He was also concerned about the civilian casualties caused in that conflict. He called on the various parties to exercise restraint, so as to avoid further escalation of the crisis. He had always supported Côte dIvoires peace process and had always maintained that it should be resolved through political means. He hoped the situation would be stabilized as early as possible to enable the peace process to get on the right track. He also supported the mediation efforts of the African Union, the Secretary-General and the Economic Community of West African States (ECOWAS), and particularly those of South African President Mbeki. He hoped, those efforts would soon yield positive results.
In view of the current situation, China was in favour of the further action taken today by the Council. At the same time, he believed that the objective of the action should be to urge the various parties to comply with the ceasefire and resume the peace process. Based on that principle, and taking into account the views of the countries of the African Union, he had voted in favour of the draft. Early realization of peace and reconciliation was in the fundamental interest of the people of Côte dIvoire and stability of the region as a whole. He urged the parties to cooperate with the mediation efforts of the international community, especially those of the African Union, and to implement, as soon as possible, the Linas-Marcoussis Agreement and Accra III. He hoped the resolution passed today would help achieve those objectives.
JEAN-MARC DE LA SABLIÈRE (France) said that resolution just adopted unanimously had a crucial objective, namely to help resolve the political situation through implementation by all Ivorian parties of the Linas-Marcoussis Agreement, as well as all of the Accra commitments taken last June. The Security Council had always maintained that position; that there was no military solution to the crisis, only a political one, and that that was the one set by Linas-Marcoussis and specified in Accra. For months, he had witnessed with regret the impasse in the situation, owing to the refusal of the Ivorian parties to comply with their commitments. The basic text of Linas-Marcoussis had not been adopted, and the condition of eligibility for president had not been revised, nor had the disarmament process begun. That was unacceptable.
He called on the Security Council to, with great firmness, recall the statements made in April and May. It should ask today for Côte dIvoire to implement its commitments; it must act by adopting an immediate arms embargo and by deciding on an individual mechanism on the other measures if implementation of the peace commitments had not occurred by 15 December. Todays action had shown support for the ECOWAS and African Union initiatives and had put the full weight of the international community behind those. Resumption of the reconciliation process was everyones objective. France was committed to helping all Ivorians and convincing them that peace must lead to elections in 2005.
ISMAEL ABRAÃO GASPAR MARTINS (Angola) said the Council today was dealing with a conflict in one of the continents key countries, a country that had, in the past, been described as a symbol of prosperity and stability in Africa and as an important United Nations member. The Council, therefore, had the moral obligation to contribute to its stability, at a moment when tension had reached alarming proportions. He very much appreciated the Secretary-Generals constant efforts to bring the parties to the table. He deplored the loss of life since the start of the conflict.
In such a tense environment, he believed the Council should opt for the kind of pressure that would not radicalize the positions of the parties, but stimulate dialogue. The main concern was to find the appropriate way to calm tensions and bring the parties back to the implementation of the Linas Marcoussis and Accra III agreements. That should be the only and main objective of the resolution just passed. He trusted that the resolution would represent a step forward in the direction towards peace, and encourage the parties to resume frank dialogue.
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