               United Nations                                                                   S/RES/1859 (2008)
               Security Council                                                   Distr.: General
                                                                                22 December 2008

               Resolution 1859 (2008)
               Adopted by the Security Council at its 6059th meeting, on
               22 December 2008

                    The Security Council,
                    Welcoming the efforts of the democratically elected, constitutionally based,
               national unity Government of Iraq in fulfilling its detailed political, economic, and
               security programme and national reconciliation agenda, and encouraging in that
               regard the holding of inclusive and peaceful provincial elections,
                    Recalling all of its previous relevant resolutions on Iraq,
                     Reaffirming the independence, sovereignty, unity, and territorial integrity of
               Iraq and reaffirming further the importance of the principle of non-interference in
               the internal affairs of Iraq,
                    Noting the progress that is taking place in Iraq, particularly in achieving
               security and stability, and in strengthening the armed forces and other Iraqi security
               forces, and noting likewise Iraq’s progress in the political and economic fields,
                     Welcoming the continuing work of the Government of Iraq towards a federal,
               democratic, pluralistic and unified Iraq, in which there is full respect for human
               rights,
                     Noting the Government of Iraq’s progress in pursuing an atmosphere in which
               sectarianism is totally rejected, underscoring the importance of inclusive political
               dialogue and national reconciliation,
                     Recognizing that international support for security and stability is essential to
               the well-being of the people of Iraq as well as the ability of all concerned, including
               the United Nations, to carry out their work for the benefit of the people of Iraq, and
               expressing appreciation for Member State contributions in this regard under
               resolution 1483 (2003), resolution 1511 (2003), resolution 1546 (2004), resolution
               1637 (2005), resolution 1723 (2006), and resolution 1790 (2007),
                     Recognizing also that Iraq is still in need of regional and international support
               so that it can continue to make progress, so that its people can flourish and prosper
               in peace,
                     Welcoming continuing progress under the International Compact with Iraq, an
               initiative of the Iraqi Government that has created a new partnership with the

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               international community and is building a strong framework for Iraq’s continued
               political, economic and security transformation and integration into the regional and
               global economy, as confirmed in the Stockholm Declaration on 29 May 2008, and
               welcoming also the important role that the United Nations is playing by jointly
               chairing the Compact with the Government of Iraq,
                     Recalling the establishment of the United Nations Assistance Mission for Iraq
               (UNAMI), and affirming that the United Nations should continue to play a leading
               role in supporting the efforts of the Iraqi Government to strengthen institutions for
               representative government, promote political dialogue and national reconciliation,
               engage neighbouring countries, assist vulnerable groups, including refugees and
               internally displaced persons, and promote the protection of human rights and
               judicial and legal reform in accordance with resolution 1770 (2007) and resolution
               1830 (2008),
                     Calling upon the international community, particularly countries in the region
               and Iraq’s neighbours, to support the Iraqi people in their pursuit of peace, stability,
               security, democracy and prosperity, welcoming the Expanded Neighbours’
               Conferences held in Sharm El-Sheikh, Istanbul and Kuwait and their role in
               supporting the efforts of the Government of Iraq to achieve security and stability in
               Iraq, and the positive results thereof on regional and international peace and
               security, welcoming also the fact that the Expanded Neighbours’ Conference, held in
               Kuwait on 22 April 2008 approved the terms of reference of the support mechanism,
               and noting that the successful implementation of this resolution will contribute to
               regional stability,
                     Noting the letter from the Prime Minister of Iraq to the President of the
               Security Council, dated 7 December 2008, which is annexed to this resolution,
               welcoming the Prime Minister’s affirmation of Iraq’s commitment to living in peace
               with its neighbours in a manner that contributes to the security and stability of the
               region, and recognizing the expiration of the mandate of the multinational force at
               the end of 31 December 2008,
                     Recognizing the positive developments in Iraq and that the situation now
               existing in Iraq is significantly different from that which existed at the time of the
               adoption of resolution 661 (1990), and further recognizing the importance of Iraq
               achieving international standing equal to that which it held prior to the adoption of
               resolution 661 (1990),
                     Recognizing that the letter from the Prime Minister of Iraq also reaffirms the
               commitment by the Government to resolve the debts and settle the claims inherited
               from the previous regime, and to continue to address those debts and claims until
               they are resolved or settled, and requests the continued assistance of the
               international community, as the Government of Iraq works to complete this process,
                     Recognizing the significant role of the Development Fund for Iraq and the
               International Advisory and Monitoring Board, and the provisions of paragraph 22 of
               resolution 1483 (2003) in helping the Government of Iraq to ensure that Iraq’s
               resources are being used transparently and accountably for the benefit of the Iraqi
               people, and recognizing also the need for Iraq during 2009 to transition to successor
               arrangements for the Development Fund for Iraq and the International Advisory and
               Monitoring Board, to include the Committee of Financial Experts,

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                 Reaffirming that acts of terrorism must not be allowed to disrupt Iraq’s
           political and economic transition, and further reaffirming the obligations of Member
           States under resolution 1618 (2005) of 4 August 2005 and other relevant resolutions
           and international conventions with respect, inter alia, to terrorist activities in and
           from Iraq or against its citizens,
                 Recognizing that the Government of Iraq will continue to have the leading role
           in coordinating international assistance to Iraq and reaffirming the importance of
           international assistance and development of the Iraqi economy and the importance
           of coordinated donor assistance,
                Acting under Chapter VII of the Charter of the United Nations,
                 1.   Decides to extend until 31 December 2009 the arrangements established
           in paragraph 20 of resolution 1483 (2003) for the depositing into the Development
           Fund for Iraq of proceeds from export sales of petroleum, petroleum products and
           natural gas and the arrangements referred to in paragraph 12 of resolution
           1483 (2003) and paragraph 24 of resolution 1546 (2004) for the monitoring of the
           Development Fund for Iraq by the International Advisory and Monitoring Board and
           further decides that, subject to the exception provided for in paragraph 27 of
           resolution 1546 (2004), the provisions of paragraph 22 of resolution 1483 (2003)
           shall continue to apply until that date, including with respect to funds and financial
           assets and economic resources described in paragraph 23 of that resolution;
                 2.   Decides further that the provisions in the above paragraph for the deposit
           of proceeds into the Development Fund for Iraq and for the role of the International
           Advisory and Monitoring Board and the provisions of paragraph 22 of resolution
           1483 (2003) shall be reviewed at the request of the Government of Iraq or no later
           than 15 June 2009;
                 3.   Requests the Secretary-General to report to the Council on a quarterly
           basis, with the first briefing no later than 31 March 2009 and with a written report
           on a semi-annual basis, on the activities of the Development Fund for Iraq and the
           International Advisory and Monitoring Board, including on progress made in
           strengthening financial and administrative oversight of the Development Fund for
           Iraq;
                 4.   Encourages the International Monetary Fund and the World Bank, as
           members of the International Advisory and Monitoring Board, to brief the Council
           in January 2009;
                5.    Decides to review resolutions pertaining specifically to Iraq, beginning
           with the adoption of resolution 661 (1990), and in that regard requests the
           Secretary-General to report, after consultations with Iraq, on facts relevant to
           consideration by the Council of actions necessary for Iraq to achieve international
           standing equal to that which it held prior to the adoption of such resolutions;
                6.    Decides to remain actively seized of the matter.

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S/RES/1859 (2008)

               Annex
               Letter dated 7 December 2008 from the Prime Minister of Iraq addressed to the
               President of the Security Council
                     Further to our letter dated 31 December 2007 addressed to you, in which we
               indicated that the extension of the mandate of the Multinational Forces in Iraq
               (MNF I) would be for one final time; with appreciation for the important role and
               efforts of those forces in assisting Iraq to achieve security and stability; and in view
               of the fact that Iraq has signed the Agreement between the United States of America
               and the Republic of Iraq on the Withdrawal of United States Forces from Iraq and
               the Organization of their Activities during their Temporary Presence in Iraq, we look
               forward to the ending of the mandate of MNF-I at the end of 31 December 2008. On
               behalf of the Government and people of Iraq, I express my gratitude to the
               Governments of the States that have contributed to those forces and to the forces
               themselves for the services rendered during their presence in the territory, waters
               and airspace of Iraq.
                     Iraq has inherited debts and claims from the previous regime and has made
               great progress in settling them. However, much remains to be done, and our efforts
               to settle those claims and debts will require some time. Temporary support from the
               international community will continue to be required during the coming phase.
               Therefore, we hope that the international community will continue current
               protections and arrangements for petroleum, petroleum products, and natural gas
               from Iraq and the proceeds thereof until such time as the Government of Iraq is able
               to take the measures necessary to settle those debts and claims inherited from the
               previous regime. Oil revenues constitute 95 per cent of Government resources, and
               these claims have an impact on reconstruction and the economic transformations
               taking place in Iraq, and consequently pose a grave threat to Iraq’s stability and
               security and by extension to international peace and security.
                     The Iraqi Government recognizes the importance of the provisions of
               paragraph 22 of United Nations Security Council resolution 1483 (2003) ensuring
               that Iraq’s petroleum and natural gas resources and proceeds and obligations arising
               from sales thereof, as well as funds deposited in the Development Fund for Iraq,
               shall be used for reconstruction projects and other purposes benefiting the people of
               Iraq. Therefore, bearing in mind the exception provided for in paragraph 27 of
               United Nations Security Council resolution 1546 (2004), Iraq requests that the
               Security Council continue to implement the provisions of paragraph 22 of United
               Nations Security Council resolution 1483 (2003) until 31 December 2009, including
               those relating to funds or other financial assets or economic resources mentioned in
               paragraph 23 of that resolution.
                     The Government of Iraq believes that the provisions of United Nations
               Security Council resolution 1546 (2004) relating to the deposit of proceeds into the
               Development Fund for Iraq will help to ensure that proceeds from Iraq’s natural
               resources will be used for the benefit of the Iraqi people, as will the role played by
               the International Advisory and Monitoring Board. The Iraqi Government recognizes
               that the Development Fund for Iraq plays an important role in helping Iraq to
               reassure donors and creditors that Iraq is administering its resources and debts in a
               responsible manner in the service of the Iraqi people. It should be noted that Iraq is
               attempting, after years of isolation under the previous regime, to form a new
               partnership with the international community with a view to integrating its economy

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           into those of the region and the world through the International Compact with Iraq,
           and its efforts were endorsed by more than 90 countries and international
           organizations in the Stockholm Declaration of 29 May 2008. In view of this, Iraq
           requests the Security Council to extend the mandates of the Development Fund for
           Iraq and the International Advisory and Monitoring Board for a period of
           12 months, with a review of the extension to be conducted before 15 June 2009 at
           the request of the Government of Iraq.
                 The Government of Iraq affirms that it honours its obligations under United
           Nations Security Council resolutions and follows policies of peaceful coexistence
           with its neighbours conducive to the security and stability of the region. The
           Government of Iraq looks forward to recognition by the United Nations Security
           Council that major positive developments have taken place in Iraq; that the situation
           in Iraq is fundamentally different from that prevailing at the time of the adoption of
           United Nations Security Council resolution 661 (1990); and that the time has come
           for Iraq to regain its legal and international status prevailing prior to the adoption by
           the Security Council of that resolution and the subsequent sanctions imposed on it
           under Chapter VII of the Charter of the United Nations.
                 The Government of Iraq requests that the Security Council include this letter
           as an annex to the resolution currently being drafted on Iraq, and should be grateful
           if the President of the Security Council would circulate it to the Members of the
           Security Council as soon as possible.

                                                                 (Signed) Nuri Kamel al-Maliki
                                                           Prime Minister of the Republic of Iraq
                                                                               7 December 2008

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Security Council resolution 1859 (2008) [on extension of the arrangements for the depositing into the Development Fund for Iraq of proceeds from export sales of petroleum, petroleum products and natural gas]

Northern America|Sub-Saharan Africa|Western Asia

Development Fund for Iraq|Development Fund for Iraq. International Advisory and Monitoring Board|IMF|IBRD|Multinational Force in Iraq|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|PETROLEUM REVENUES|POST-CONFLICT RECONSTRUCTION|IRAQ|IRAQ SITUATION


               United Nations                                                                      S/RES/1860 (2009)
               Security Council                                                  Distr.: General
                                                                                8 January 2009

               Resolution 1860 (2009)
               Adopted by the Security Council at its 6063rd meeting, on
               8 January 2009

                    The Security Council,
                    Recalling all of its relevant resolutions, including resolutions 242 (1967), 338
               (1973), 1397 (2002), 1515 (2003) and 1850 (2008),
                    Stressing that the Gaza Strip constitutes an integral part of the territory
               occupied in 1967 and will be a part of the Palestinian state,
                    Emphasizing the importance of the safety and well-being of all civilians,
                     Expressing grave concern at the escalation of violence and the deterioration of
               the situation, in particular the resulting heavy civilian casualties since the refusal to
               extend the period of calm; and emphasizing that the Palestinian and Israeli civilian
               populations must be protected,
                    Expressing grave concern also at the deepening humanitarian crisis in Gaza,
                    Emphasizing the need to ensure sustained and regular flow of goods and
               people through the Gaza crossings,
                    Recognizing the vital role played by UNRWA in providing humanitarian and
               economic assistance within Gaza,
                    Recalling that a lasting solution to the Israeli-Palestinian conflict can only be
               achieved by peaceful means,
                    Reaffirming the right of all States in the region to live in peace within secure
               and internationally recognized borders,
                    1.    Stresses the urgency of and calls for an immediate, durable and fully
               respected ceasefire, leading to the full withdrawal of Israeli forces from Gaza;
                   2.    Calls for the unimpeded provision and distribution throughout Gaza of
               humanitarian assistance, including of food, fuel and medical treatment;
                     3.   Welcomes the initiatives aimed at creating and opening humanitarian
               corridors and other mechanisms for the sustained delivery of humanitarian aid;

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                     4.   Calls on Member States to support international efforts to alleviate the
               humanitarian and economic situation in Gaza, including through urgently needed
               additional contributions to UNRWA and through the Ad Hoc Liaison Committee;
                     5.    Condemns all violence and hostilities directed against civilians and all
               acts of terrorism;
                    6.    Calls upon Member States to intensify efforts to provide arrangements
               and guarantees in Gaza in order to sustain a durable ceasefire and calm, including to
               prevent illicit trafficking in arms and ammunition and to ensure the sustained
               reopening of the crossing points on the basis of the 2005 Agreement on Movement
               and Access between the Palestinian Authority and Israel; and in this regard,
               welcomes the Egyptian initiative, and other regional and international efforts that
               are under way;
                     7.   Encourages tangible steps towards intra-Palestinian reconciliation
               including in support of mediation efforts of Egypt and the League of Arab States as
               expressed in the 26 November 2008 resolution, and consistent with Security Council
               resolution 1850 (2008) and other relevant resolutions;
                    8.    Calls for renewed and urgent efforts by the parties and the international
               community to achieve a comprehensive peace based on the vision of a region where
               two democratic States, Israel and Palestine, live side by side in peace with secure
               and recognized borders, as envisaged in Security Council resolution 1850 (2008),
               and recalls also the importance of the Arab Peace Initiative;
                     9.    Welcomes the Quartet’s consideration, in consultation with the parties, of
               an international meeting in Moscow in 2009;
                    10.   Decides to remain seized of the matter.

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Security Council resolution 1860 (2009) [on a durable and fully respected ceasefire and the full withdrawal of Israeli forces from the Gaza Strip]

UNRWA > Budget contributions|Palestinian Authority|Ad Hoc Liaison Committee for the Coordination of International Assistance to Palestinians|League of Arab States|Arab Peace Initiative|Quartet|Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing (2005)|CEASEFIRES|RELIEF CORRIDORS|HUMANITARIAN ASSISTANCE|TROOP WITHDRAWAL|GAZA STRIP|ISRAEL|TERRITORIES OCCUPIED BY ISRAEL|MIDDLE EAST SITUATION|ILLICIT ARMS TRAFFICKING|FREEDOM OF MOVEMENT|RECONCILIATION|HUMANITARIAN ASSISTANCE|VIOLENCE|CIVILIAN PERSONS|TERRORISM|MEDIATION|EGYPT|CONFERENCES|PALESTINE QUESTION

S/64 [50] PALESTINE QUESTION
S/64 [53] TERRITORIES OCCUPIED BY ISRAEL
S/64 [54] MIDDLE EAST SITUATION


               United Nations                                                                  S/RES/1861 (2009)
               Security Council                                                Distr.: General
                                                                               14 January 2009

               Resolution 1861 (2009)

               Adopted by the Security Council at its 6064th meeting,
               on 14 January 2009

                    The Security Council,
                     Recalling its resolutions and the statements of its President concerning Chad,
               the Central African Republic and the subregion, including resolution 1778 (2007),
               resolution 1834 (2008), and its resolution 1769 (2007),
                     Reaffirming its commitment to the sovereignty, unity, territorial integrity and
               political independence of Chad and the Central African Republic, and to the cause
               of peace in the region,
                     Reiterating its concern at the humanitarian and security repercussions in
               eastern Chad and the north-eastern Central African Republic of the ongoing violence
               in Darfur,
                     Deeply concerned at armed activities and banditry in eastern Chad, the northeastern Central African Republic and western Sudan which threaten the security of
               the civilian population, the conduct of humanitarian operations in those areas and
               the stability of those countries, and which result in serious violations of human
               rights and international humanitarian law,
                     Welcoming the recent resumption of diplomatic relations between the
               Governments of Chad and Sudan and the efforts by the Government of Libya to
               promote it, and stressing that a further improvement of relations between Sudan,
               Chad and the Central African Republic will contribute to long-term peace and
               stability in the region,
                     Stressing also that a proper settlement of the Darfur issue, the full
               implementation of the Sirte and Libreville agreements, and the efforts of national
               political dialogue in Chad and the Central African Republic, will contribute to longterm peace and stability in the region and to the voluntary, secure and sustainable
               return of refugees and internally displaced persons,
                   Reiterating its full support for the efforts of the Secretary-General, the African
               Union and regional actors to find solutions to armed conflicts in the region,
                     Reaffirming that any attempt at destabilization through violent means or
               seizing power by force is unacceptable,

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                    Reaffirming its resolutions 1325 (2000) and 1820 (2008) on women, peace and
               security, 1502 (2003) on the protection of humanitarian and United Nations
               personnel, and 1674 (2006) on the protection of civilians in armed conflict,
                    Reaffirming its resolution 1612 (2005) on children in armed conflict, taking
               note of the report of the Secretary-General on children and armed conflict in Chad
               (S/2008/532) and the recommendations therein, and recalling the conclusions
               regarding Chad adopted by its Working Group on Children and Armed Conflict
               (S/AC.51/2008/15), as approved by the Council,
                    Recognizing that the Governments of Chad and the Central African Republic
               bear primary responsibility for ensuring the security of civilians in their territories,
                    Bearing in mind the Convention relating to the Status of refugees of 28 July
               1951 and its additional protocol of 16 December 1966, along with the 1969
               Convention of the Organization of African Unity governing the specific aspects of
               refugee problems in Africa,
                     Emphasizing the need to respect international refugee law, preserve the
               civilian and humanitarian nature of the refugee camps and internally displaced
               persons sites and prevent any recruitment of individuals, including children, which
               might be carried out in or around the camps and sites by armed groups,
                    Recalling its authorization under resolution 1778 of a multidimensional
               presence in the regions of eastern Chad and the north-eastern Central African
               Republic indicated in paragraph 37 of the report of the Secretary-General
               (S/2007/488) of 10 August 2007 (hereinafter referred to as “eastern Chad and the
               north-eastern Central African Republic”),
                     Commending the deployment by the European Union of an operation (EUFOR
               Chad/CAR) to support the United Nations Mission in the Central African Republic
               and Chad (MINURCAT), and recalling that the mandate of EUFOR Chad/CAR runs
               until 15 March 2009,
                    Welcoming the ongoing selection and training by MINURCAT of police and
               gendarmerie officers of the Détachement intégré de sécurité (DIS), and stressing the
               need to expedite the deployment of DIS,
                     Having examined the report of the Secretary-General (S/2008/760) of
               4 December 2008 (hereinafter referred to as “the report of the Secretary-General”)
               and its recommendations on the arrangements for following up EUFOR Chad/CAR
               at the end of its mandate,
                     Welcoming the letter from the President of Chad dated 6 January 2009 and the
               letter from the President of the Central African Republic dated 5 December 2008
               regarding the deployment of a military component of MINURCAT in both countries
               to follow up EUFOR at the end of its mandate,
                    Determining that the situation in the region of the border between the Sudan,
               Chad and the Central African Republic constitutes a threat to international peace and
               security,
                    1.    Decides to extend for a period of 12 months, in accordance with
               paragraphs 2 to 7 below, the multidimensional presence in Chad and military
               presence in the Central African Republic intended to help create the security
               conditions conducive to a voluntary, secure and sustainable return of refugees and

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           displaced persons, inter alia by contributing to the protection of refugees, displaced
           persons and civilians in danger, by facilitating the provision of humanitarian
           assistance in eastern Chad and the north-eastern Central African Republic and by
           creating favourable conditions for the reconstruction and economic and social
           development of those areas;
              2.  Decides, for that purpose, to extend until 15 March 2010 the mandate of
           MINURCAT, as set out in paragraphs 6 and 7 below;
                3.    Authorizes the deployment of a military component of MINURCAT to
           follow up EUFOR in both Chad and the Central African Republic at the end of its
           mandate, welcomes the concept of operations proposed in paragraphs 57 to 61, and
           in option 2 of paragraph 62 of the report of the Secretary-General, and decides that
           the transfer of authority between EUFOR and the military component of
           MINURCAT will take place on 15 March 2009;
                 4.   Decides that MINURCAT shall include a maximum of 300 police
           officers, 25 military liaison officers, 5,200 military personnel, and an appropriate
           number of civilian personnel;
                 5.   Recalls that in paragraph 5 of resolution 1778, it endorsed the police
           concept referred to in the report of the Secretary-General (S/2007/488) of 10 August
           2007, including the provisions regarding the establishment of the Police tchadienne
           pour la protection humanitaire (PTPH), now Détachement intégré de sécurité (DIS),
           which is dedicated exclusively to maintaining law and order in refugee camps, sites
           with concentrations of internally displaced persons and key towns in neighbouring
           areas and to assisting in securing humanitarian activities in eastern Chad;
                6.    Decides that MINURCAT shall have the following mandate in eastern
           Chad and the north-eastern Central African Republic, in liaison with the United
           Nations country team and, as appropriate, in liaison with the United Nations
           Peacebuilding Support Office in the Central African Republic (BONUCA) and
           without prejudice to the mandate of BONUCA:

           Security and protection of civilians
                (a) To select, train, advise and facilitate support to elements of the
           Détachement intégré de sécurité referred to in paragraph 5;
                (b) To liaise with the national army, the gendarmerie and police forces, the
           nomad national guard, the judicial authorities and prison officials in Chad and the
           Central African Republic to contribute to the creation of a more secure environment,
           combating in particular the problems of banditry and criminality;
                (c) To liaise with the Chadian Government and the Office of the United
           Nations High Commissioner for Refugees (UNHCR) in support of their efforts to
           relocate refugee camps which are in close proximity to the border, and to provide to
           UNHCR, on availability and cost-reimbursable basis, logistical assistance for that
           purpose;
                (d) To liaise with the Sudanese Government, the African Union/United
           Nations Hybrid Operation in Darfur (UNAMID), BONUCA, the Multinational
           Force of the Economic Community of Central African States in the Central African
           Republic (MICOPAX) and the Community of Sahelo-Saharan States (CEN-SAD) to
           exchange information on emerging threats to humanitarian activities in the region;

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                     (e) To support the initiatives of national and local authorities in Chad to
               resolve local tensions and promote local reconciliation efforts, in order to enhance
               the environment for the return of internally displaced persons;

               Human rights and the rule of law
                    (f) To contribute to the monitoring and to the promotion and protection of
               human rights in Chad, with particular attention to sexual and gender-based violence,
               and to recommend action to the competent authorities, with a view to fighting
               impunity;
                     (g) To support, within its capabilities, efforts aimed at strengthening the
               capacity of the Government of Chad and civil society through training in
               international human rights standards, and efforts to put an end to recruitment and
               use of children by armed groups;
                    (h) To assist the Government of Chad in the promotion of the rule of law,
               including through support for an independent judiciary and a strengthened legal
               system, in close coordination with United Nations agencies;

               Regional peace support
                    (i) To continue to play a role as observer with UNAMID in the Contact
               Group that was established under the 13 March 2008 Dakar Accord to monitor its
               implementation and assist, as necessary, the Governments of Chad, the Sudan and
               the Central African Republic to build good neighbourly relations;
                    7.    Acting under Chapter VII of the Charter of the United Nations,
                     (a) Decides further that MINURCAT shall be authorized to take all necessary
               measures, within its capabilities and its area of operations in eastern Chad, to fulfil
               the following functions, in liaison with the Government of Chad:
                    (i) To contribute to protecting civilians in danger, particularly refugees and
                    internally displaced persons;
                    (ii) To facilitate the delivery of humanitarian aid and the free movement of
                    humanitarian personnel by helping to improve security in the area of
                    operations;
                    (iii) To protect United Nations personnel, facilities, installations and
                    equipment and to ensure the security and freedom of movement of its staff and
                    United Nations and associated personnel;
                    (b) Decides further that MINURCAT shall be authorized to take all necessary
               measures, within its capabilities and its area of operations in the north-eastern
               Central African Republic, to fulfil the following functions, through establishing a
               permanent military presence in Birao and in liaison with the Government of the
               Central African Republic:
                    (i)   To contribute to the creation of a more secure environment;
                    (ii) To execute operations of a limited character in order to extract civilians
                    and humanitarian workers in danger;

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                                                                                S/RES/1861 (2009)

                (iii) To protect United Nations personnel, facilities, installations and
                equipment and to ensure the security and freedom of movement of its staff and
                United Nations and associated personnel;
                (c) Noting the agreements entered into by the Secretary-General and the
           Governments of Chad and the Central African Republic on the status of
           MINURCAT, dated 21 March 2008 and 21 November 2008 respectively, requests
           the Secretary-General and both Governments to conclude, prior to 15 March 2009,
           amendments to those agreements to ensure that they fully cover MINURCAT,
           including its military component authorized by this resolution, taking into account
           General Assembly resolution 59/47 on the scope of legal protection under the
           Convention on the Safety of United Nations and Associated Personnel, General
           Assembly resolution 60/42 on the Optional Protocol to the Convention on the Safety
           of United Nations and Associated Personnel and General Assembly resolution
           63/138 on the Safety and Security of Humanitarian Personnel and the Protection of
           United Nations Personnel, and decides that the model status-of-forces agreement of
           9 October 1990 (A/45/594) shall apply provisionally to supplement the existing
           agreements pending their amendment;
                8.   Requests the Secretary-General and the Governments of Chad and the
           Central African Republic to cooperate closely throughout the period of deployment
           of MINURCAT;
                 9.    Recalls that it authorized the European Union operation, after 15 March
           2009, to take all appropriate measures to achieve an orderly disengagement, by
           means including fulfilment of the functions indicated in paragraph 6, subparagraph a
           of resolution 1778, within the limits of its residual capacity;
                10. Requests the European Union and the Secretary-General to continue to
           cooperate closely throughout the period of deployment of the European Union
           operation, until its complete disengagement;
                 11. Underscores the importance that the military concept of operations and
           rules of engagement be fully in line with the provisions of this resolution, and
           requests the Secretary-General to report on them to the Security Council and Troop
           Contributing Countries;
                 12. Encourages the Governments of Chad and the Central African Republic
           to continue to cooperate with the United Nations and the European Union to
           facilitate the smooth transition from EUFOR to the United Nations military
           component, including the handover of all sites and infrastructure established by
           EUFOR to the United Nations follow-on presence;
               13. Calls on the Government of Chad, and MINURCAT according to its
           mandate, to expedite and complete the selection, training and deployment of DIS;
                14. Encourages Member States to contribute the necessary force
           requirements for MINURCAT, in particular the helicopters, reconnaissance
           elements, engineers, logistics and medical facilities;
                15. Urges all the Member States, particularly the States bordering Chad and
           the Central African Republic, to facilitate the delivery to Chad and the Central
           African Republic freely, without obstacles or delay, of all personnel, equipment,
           provisions, supplies and other goods, including vehicles and spare parts, intended

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S/RES/1861 (2009)

               for MINURCAT,        and   the   European    Union   operation   until   its   complete
               disengagement;
                     16. Invites donors to continue to contribute to the MINURCAT trust fund,
               established to support DIS;
                    17. Exhorts the donor community to sustain its efforts to address the
               humanitarian, reconstruction and development needs of Chad and the Central
               African Republic;
                     18. Calls upon all the parties to cooperate fully in the deployment and
               operations of MINURCAT, and the European Union operation until its complete
               disengagement, including by guaranteeing the security and freedom of movement of
               their personnel and associated personnel;
                    19. Encourages the respective Governments of the Sudan, Chad and the
               Central African Republic to ensure that their territories are not used to undermine
               the sovereignty of others, to cooperate actively with a view to implementing the
               Dakar Accord of 13 March 2008 and previous agreements, and to cooperate with a
               view to putting an end to the activities of armed groups in the region and their
               attempts to seize power by force, and welcomes the role played in particular by the
               Dakar Contact Group, the Governments of Libya and the Republic of Congo as
               African Union mediators, as well as the African Union and the United Nations,
               including through the Special Representative of the Secretary-General, head of
               MINURCAT, in support of the Dakar process;
                     20. Demands that armed groups cease violence immediately and urges all
               parties in Chad and the Central African Republic, respectively, to respect and
               implement the Sirte agreement of 25 October 2007 and the comprehensive peace
               agreement signed in Libreville on 21 June 2008;
                     21. Encourages the authorities and political stakeholders in Chad and the
               Central African Republic to continue to pursue their efforts of national dialogue, with
               respect for the constitutional frameworks, welcomes the holding of the inclusive
               political dialogue in the Central African Republic, with the support of the dialogue
               Chair, Pierre Buyoya, and the regional peace facilitator, President Omar Bongo
               Ondimba of Gabon, and the conclusion of the inclusive political dialogue that calls
               for a government gathering the entities participating in the dialogue, emphasizes also
               the importance of the political agreement for the reinforcement of the democratic
               process signed in N’Djamena on 13 August 2007 and encourages the parties to
               proceed with its implementation in particular with a view to holding early elections;
                     22. Reaffirms the obligation of all parties to implement fully the rules and
               principles of international humanitarian law, particularly those regarding the
               protection of humanitarian personnel, and furthermore requests all the parties
               involved to provide humanitarian personnel with immediate, free and unimpeded
               access to all persons in need of assistance, in accordance with applicable
               international law;
                     23. Encourages efforts by MINURCAT and the United Nations country team,
               including through the appointment of child protection advisers, to prevent the
               recruitment of refugees and children and to maintain the civilian nature of refugee
               camps and internally displaced person sites, in coordination with DIS and the
               humanitarian community;

6                                                                                09-20844

                                                                                S/RES/1861 (2009)

                 24. Takes note of the measures already undertaken by the authorities of Chad
           to put an end to the recruitment and use of children by armed groups, encourages
           them to pursue their cooperation with United Nations bodies in this regard,
           particularly UNICEF, and calls on all the parties involved to ensure that children are
           protected;
                 25. Endorses the benchmarks presented in paragraph 70 of the report of the
           Secretary-General towards the exit strategy of MINURCAT, and stresses in
           particular the following:
                  (a) Voluntary return and resettlement in secure and sustainable conditions of
           a critical mass of internally displaced persons;
                (b) Demilitarization of refugee and internally displaced person camps as
           evidenced by a decrease in arms, violence and human rights abuses;
                (c) Improvement in the capacity of Chadian authorities in eastern Chad,
           including national law enforcement agencies, the judiciary and the prison system to
           provide the necessary security for refugees, internally displaced persons, civilians
           and humanitarian workers with respect for international human rights standards;
                 26. Stresses that an improved capacity of the Government of the Central
           African Republic to exercise its authority in the north-eastern part of the country is
           also critical to the fulfilment of the objectives of MINURCAT as set out in
           paragraph 1, and calls on the Government of the Central African Republic, Member
           States, BONUCA, United Nations agencies and the Peacebuilding Commission, to
           provide the necessary support to the reform of the security sector in the Central
           African Republic;
                27. Stresses that improved cooperation between the Sudan, Chad and the
           Central African Republic with a view to putting an end to the activities of armed
           groups in the region is also critical to the restoration of peace and security in eastern
           Chad and the north-eastern Central African Republic;
                 28. Requests the Secretary-General to continue to report regularly, and at
           least every three months, on the security and humanitarian situation, including
           movements of refugees and internally displaced persons, in eastern Chad, the northeastern Central African Republic and the region, on progress in the implementation
           of the relevant agreements, on progress towards the fulfilment of the benchmarks in
           paragraphs 25 and 26 above, and on the implementation of the mandate of
           MINURCAT, and to provide the Security Council, with the same regularity, a
           specific update on the military situation;
                 29. Requests the Secretary-General to inform the Security Council in his
           upcoming reports on the development of a strategic workplan containing indicative
           timelines to measure and track progress on the implementation of the benchmarks in
           paragraphs 25 and 26 above with a view to meeting them by 15 March 2011;
                30. Stresses that it will take duly into account the progress against those
           benchmarks when considering the possible renewal of MINURCAT’s mandate
           beyond 15 March 2010;
                31.   Decides to remain actively seized of the matter.

09-20844                                                                                7

Security Council resolution 1861 (2009) [on extension of the mandate of the UN Mission in the Central African Republic and Chad (MINURCAT)]

UN Mission in the Central African Republic and Chad|EUFOR Chad/Central African Republic|European Union|UN. Special Representative of the Secretary-General and Head of the United Nations Mission in the Central African Republic and Chad|UN Mission in the Central African Republic and Chad > Terms of reference|Sirte Agreement (2007)|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|INTERNAL SECURITY|CENTRAL AFRICAN REPUBLIC|CHAD|REGIONAL SECURITY|CENTRAL AFRICA|HUMANITARIAN ASSISTANCE|DISPLACED PERSONS|STAFF SECURITY|RELIEF PERSONNEL|FREEDOM OF MOVEMENT|NEIGHBOURING STATES|CHILD SOLDIERS|REFUGEES|REPATRIATION|TRUST FUNDS|MILITARY PERSONNEL|TROOP-CONTRIBUTING STATES|LOGISTICS|POLICE|TRAINING PROGRAMMES

S/64 [162] UN MISSION IN THE CENTRAL AFRICAN REPUBLIC AND CHAD
S/64 [181] CENTRAL AFRICAN REPUBLIC SITUATION
S/64 [163] CHAD SITUATION


               United Nations                                                                  S/RES/1862 (2009)
               Security Council                                                Distr.: General
                                                                               14 January 2009

               Resolution 1862 (2009)
               Adopted by the Security Council at its 6065th meeting,
               on 14 January 2009

                    The Security Council,
                     Affirming its strong commitment to the sovereignty, independence, territorial
               integrity and unity of both Djibouti and Eritrea, and recalling the importance of the
               principles of good-neighbourliness, non-interference and regional cooperation,
                     Recalling that in the statement of its President dated 12 June 2008
               (S/PRST/2008/20) it condemned Eritrea’s military action against Djibouti in Ras
               Doumeira and Doumeira Island and called upon the two parties to show maximum
               restraint and withdraw forces to the status quo ante,
                    Taking note of the letter of the Secretary-General dated 11 September 2008
               (S/2008/602) in which he transmitted the report of the fact-finding mission he sent
               following its 5924th meeting (S/PV.5924),
                     Expressing its deep concern that, as mentioned in the report of the fact-finding
               mission referred to above, Eritrea has not withdrawn its forces to the status quo
               ante, as called for by the Security Council in the statement of its President dated
               12 June 2008 (S/PRST/2008/20),
                     Reiterating its serious concern at the absence of dialogue between the two
               parties, and at the refusal of Eritrea so far to engage in dialogue, or to accept
               bilateral contacts, mediation or facilitation efforts by subregional or regional
               organizations or to respond positively to the efforts of the Secretary-General,
                     Noting that Djibouti has withdrawn its forces to the status quo ante and has
               cooperated fully with the fact-finding mission mentioned above, as well as with
               other missions sent by subregional and regional organizations,
                    Taking note of the first visit to Asmara, since the conflict of June 2008, of the
               Chairperson of the Commission of the African Union in October 2008,
                     Expressing its deep concern about the continuing tense border dispute between
               Djibouti and Eritrea and over the possible impact of the grave and unstable security
               situation in the area of Doumeira on subregional stability and security after the
               serious incidents of 10 June 2008, which led to dozens of deaths and wounded,

09-20838 (E)
*0920838*

S/RES/1862 (2009)

                      1.    Urges Djibouti and Eritrea to resolve their border dispute peacefully, as a
               matter of priority and in a manner consistent with international law, and emphasizes
               that it is the primary responsibility of the parties to set up the appropriate diplomatic
               and legal framework to this end;
                     2.    Reiterates its appreciation for the efforts by the Secretary-General, the
               African Union and the Arab League to engage both parties, encourages them to
               strengthen their efforts in this regard and encourages also regional and subregional
               organizations as well as Members States that are in a position to provide their
               assistance to this end to do so;
                     3.    Welcomes the offer of good offices made by the Secretary-General,
               deeply regrets that Eritrea has continuously refused to grant visas to the members of
               the fact-finding mission mentioned above, or to receive any envoy by the Secretary-General, and welcomes the continued readiness of the Secretary-General to send a
               fact-finding mission or an envoy to Eritrea;
                     4.   Welcomes the fact that Djibouti has withdrawn its forces to the status quo
               ante, as called for by the Security Council in the statement of its President dated
               12 June 2008 (S/PRST/2008/20) and established by the fact-finding mission, and
               condemns the refusal of Eritrea to do so;
                    5.    Demands that Eritrea:
                    (i) Withdraw its forces and all their equipment to the positions of the status
                    quo ante, and ensure that no military presence or activity is being pursued in
                    the area where the conflict occurred in Ras Doumeira and Doumeira Island in
                    June 2008, and
                    (ii) Acknowledge its border dispute with Djibouti in Ras Doumeira and
                    Doumeira Island, engage actively in dialogue to defuse the tension and engage
                    also in diplomatic efforts leading to a mutually acceptable settlement of the
                    border issue, and
                    (iii) Abide by its international obligations as a Member of the United Nations,
                    respect the principles mentioned in article 2, paragraphs 3, 4, and 5, and
                    article 33 of the Charter, and cooperate fully with the Secretary-General, in
                    particular through his proposal of good offices mentioned in paragraph 3;
                    6.    Demands that Eritrea comply immediately with paragraph 5 above and,
               in any case, no later than five weeks after the adoption of this resolution;
                     7.    Requests the Secretary-General to provide to it a report on the evolution
               of the situation, and on the compliance by both parties with their obligations, and on
               his contacts with both parties and, as appropriate, with the African Union and other
               relevant regional organizations no later than six weeks after the adoption of this
               resolution;
                     8.    Decides to review the situation six weeks from the adoption of this
               resolution, on the basis of the report mentioned in paragraph 7, with a view to
               taking, as appropriate, a further decision;
                    9.    Decides to remain actively seized of the matter.

2                                                                                09-20838

Security Council resolution 1862 (2009) [on the settlement of the border dispute between Djibouti and Eritrea and withdrawal of Eritrean forces from the area of conflict]

UN. Secretary-General|African Union|League of Arab States|Charter of the United Nations (1945)|BORDER INCIDENTS|DJIBOUTI|ERITREA|TROOP WITHDRAWAL|ERITREA|DISPUTE SETTLEMENT|CONFIDENCE-BUILDING MEASURES|GOOD OFFICES|VISAS|FACT-FINDING MISSIONS|SPECIAL REPRESENTATIVES


               United Nations                                                                   S/RES/1863 (2009)
               Security Council                                                 Distr.: General
                                                                                16 January 2009

               Resolution 1863 (2009)
               Adopted by the Security Council at its 6068th meeting, on
               16 January 2009

                    The Security Council,
                     Recalling its previous resolutions concerning the situation in Somalia, in
               particular resolution 733 (1992), resolution 751 (1992), resolution 1356 (2001),
               resolution 1425 (2002), resolution 1519 (2003), resolution 1725 (2006), resolution
               1744 (2007), resolution 1772 (2007), resolution 1801 (2008), resolution 1811 (2008),
               resolution 1814 (2008), resolution 1831 (2008), and resolution 1844 (2008) and the
               statements of its President, in particular those of 13 July 2006 (S/PRST/2006/31),
               22 December 2006 (S/PRST/2006/59), 30 April 2007 (S/PRST/2007/13), 14 June
               2007 (S/PRST/2007/19), 19 December 2007 (S/PRST/2007/49), and 4 September
               2008 (S/PRST/2008/33),
                     Reiterating its commitment to a comprehensive and lasting settlement of the
               situation in Somalia,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                     Further reaffirming that the Djibouti Peace Agreement represents the basis for
               a resolution of the conflict in Somalia, and stressing the importance of broad-based
               and representative institutions reached through a political process ultimately
               inclusive of all,
                    Welcoming the guiding principles agreed by the parties to the Djibouti Peace
               Agreement on 25 November 2008, in particular the establishment of a Unity
               Government and an inclusive Parliament,
                    Recognizing the need for all parties to contribute to an enhanced political
               process, calling on the Somali parties to the Djibouti Peace Agreement to fulfil their
               obligations set out therein, and taking note of the request from the parties for United
               Nations authorization and deployment of an international stabilization force,
                     Welcoming the contribution of the African Union Mission to Somalia
               (AMISOM) to lasting peace and stability in Somalia, expressing its appreciation for
               the continued commitment of the Governments of Uganda and Burundi in Somalia,
               condemning any hostilities toward AMISOM, and stressing the importance of
               reestablishment, training and retention of Somali security forces,

09-21165 (E)
*0921165*

S/RES/1863 (2009)

                    Welcoming the Secretary-General’s proposal for a partnership between the
               Somali parties, the United Nations, AMISOM and other international partners to
               develop a program of assistance to build Somali security capacity,
                    Reiterating its serious concern at the worsening humanitarian situation in
               Somalia, and calling on all Member States to contribute to current and future
               consolidated humanitarian appeals,
                    Recognizing that serious crimes have been committed against civilians in the
               ongoing conflict in Somalia and reaffirming the importance of the fight against
               impunity,
                    Noting the statement and 5-point communiqué of the African Union of
               10 December 2008 and 22 December 2008 respectively, whereby the African Union
               Peace and Security Council calls for an interim stabilization force in anticipation of
               a United Nation peacekeeping operation in Somalia in order to take over from
               AMISOM and support the long-term stabilization and reconstruction of that country,
                    Determining that the situation in Somalia constitutes a threat to international
               peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.   Welcomes the decision of the African Union that AMISOM will remain in
               Somalia until 16 March 2009, and requests the African Union to maintain
               AMISOM’s deployment in Somalia and to reinforce that deployment to help achieve
               AMISOM’s originally mandated troop strength of 8,000 troops, thereby enhancing
               the mission’s capability to carry out its mandate and protect key installations in
               Mogadishu, including the airport, seaport and other strategic areas;
                     2.    Decides to renew for up to six months from the date of this resolution the
               authorization of Member States of the African Union to maintain a mission in
               Somalia, which shall be authorized to take all necessary measures to carry out the
               mandate set out in paragraph 9 of resolution 1772 (2007); and underlines, in
               particular, that AMISOM is authorized to take all necessary measures to provide
               security for key infrastructure and to contribute, as may be requested and within its
               capabilities and existing mandate, to the creation of the necessary security
               conditions for the provision of humanitarian assistance;
                     3.   Calls upon the Somali parties and other stakeholders to uphold the
               principles of the Djibouti Peace Agreement, to cease hostilities, to ensure without
               delay unhindered humanitarian access and assistance to the Somali people, to
               terminate all acts of armed confrontation, to reach agreement on permanent
               ceasefire mechanisms, and to use the Joint Security Committee to resolve disputes
               over military issues; and requests the Secretary-General to report on ways to
               improve the implementation of the Djibouti Peace Agreement, including the option
               of an international peace conference to include local, regional and international
               actors;
                    4.   Expresses its intent to establish a United Nations Peacekeeping Operation
               in Somalia as a follow-on force to AMISOM, subject to a further decision of the
               Security Council by 1 June 2009;
                    5.   Requests the Secretary-General to submit a report for a United Nations
               Peacekeeping Operation by 15 April 2009, to include developments in the situation

2                                                                                09-21165

                                                                                S/RES/1863 (2009)

           in Somalia, progress towards the full deployment and strengthening of AMISOM
           with a view to transition to a United Nations Peacekeeping Operation, progress in
           the political process and security conditions on the ground, in order to inform the
           Security Council of his assessment in advance of the decision referred to in
           paragraph 4 above and with a view to speedy deployment;
                6.    Further requests the Secretary-General in this report to develop
           recommendations on the mandate of such a United Nations Peacekeeping Operation
           taking into account the following tasks in Mogadishu and its environs:
                 (a) To facilitate humanitarian assistance and improve humanitarian access,
           including by securing key humanitarian infrastructure and maintaining liaison with
           all parties to the Djibouti Peace Agreement and related subsequent agreements, and
           to facilitate delivery of humanitarian assistance to internally displaced persons,
           children, and other affected persons;
                 (b) To assist with the free movement, safe passage and protection of those
           involved in the political process, to provide security for key political infrastructure,
           and to protect and assist the institutions of a future Unity Government to help them
           carry out their functions;
                 (c) To monitor, within its capabilities, the implementation of the cessation of
           hostilities under the Djibouti Peace Agreement, as well as any subsequent ceasefire
           arrangements and joint security arrangements agreed through the Joint Security
           Committee (JSC), to liaise with the JSC and provide technical assistance in the
           implementation of its functions, including in the investigation of ceasefire
           violations, and to support in the monitoring of illegal weapons traffic by informing
           the Monitoring Group of any related information;
                (d) To ensure the security and freedom of movement of United Nations
           personnel and to protect its personnel, facilities, installations, equipment and
           mission;
                 (e) To assist, in conjunction with regional and international donor partners
           and other interested parties, in supporting the effective re-establishment, training
           and retention of inclusive Somali security forces, including military, police, and
           judiciary;
                7.   Affirms that the provisions set out in paragraphs 11 and 12 of resolution
           1772 (2007) shall continue to apply;
                 8.    Requests the Secretary-General to establish a trust fund to provide
           financial support to AMISOM until a United Nations Peacekeeping Operation is
           deployed and to assist in the reestablishment, training and retention of all-inclusive
           Somali security forces as provided in paragraph 4 (c) of resolution 1744 (2007);
           also requests the Secretary-General to hold a donors conference to solicit
           contributions to this trust fund as soon as possible; further requests the African
           Union, in consultation with the Secretary-General, to submit budgetary requests to
           this trust fund; and calls upon Member States to contribute to the trust fund, while
           noting that the existence of the trust fund does not preclude the conclusion of direct
           bilateral arrangements in support of AMISOM;
                 9.   Stresses the need to create the conditions for the Special Representative
           of the Secretary-General to continue to make progress on the political process;

09-21165                                                                                3

S/RES/1863 (2009)

                     10. Welcomes the recommendations contained in the Secretary-General’s
               letter of 19 December 2008 on strengthening AMISOM (S/2008/804); recalls that
               the Security Council bears primary responsibility for the maintenance of
               international peace and security and that cooperation with regional and subregional
               organizations can improve collective security; further recalls that in resolution 1772
               (2007) it called for planning for possible deployment of a United Nations
               Peacekeeping Operation replacing AMISOM and in resolution 1744 (2007) it took
               note that AMISOM was intended to contribute to an initial stabilization phase
               evolving into a possible United Nations operation; welcomes in this regard the
               Secretary-General’s proposal for immediate in kind enhancement of AMISOM
               through the transfer of assets following the liquidation of United Nations Mission in
               Ethiopia and Eritrea (UNMEE); and requests the Secretary-General, in order for
               AMISOM’s forces to be incorporated into a United Nations Peacekeeping
               Operation, to provide a United Nations logistical support package to AMISOM
               including equipment and services, as described in paragraphs 7 and 8 of his proposal
               (S/2008/804) but not including transfer of funds to AMISOM, until 1 June 2009 or
               until the decision referred to in paragraph 4 above, whichever is earlier;
                     11. Requests the Secretary-General to oversee the assistance referred to in
               paragraph 10 above and further requests the Secretary-General to report no later
               than January 30 on the precise equipment and services being provided and to report
               to the Security Council at 30-day intervals thereafter on progress in the deployment
               of such goods and services;
                     12. Requests AMISOM to ensure all equipment and services provided by the
               United Nations pursuant to this resolution be used in a transparent and effective
               manner for the purposes intended and further requests AMISOM to report to the
               Secretary-General on the usage of such equipment and services in a manner to be
               detailed in a Memorandum of Understanding between the United Nations and the
               African Union based on appropriate internal control procedures;
                     13. Requests the Secretary-General to lend his support to African Union
               force generation efforts, to continue to support African Union planning and
               deployment preparations through the Secretariat’s Planners team in Addis Ababa and
               to continue planning, in close cooperation with the African Union, for force
               generation and logistical, administrative, financial and other arrangements necessary
               to transition from AMISOM to a United Nations Peacekeeping Operation;
                     14. Calls upon Member States to contribute personnel, equipment, and other
               resources to AMISOM; and encourages Member States to cooperate closely with the
               African Union, the United Nations, troop contributing countries and other donors to
               this end;
                     15. Calls upon all parties to cooperate fully in the deployment and operations
               of AMISOM, in particular by guaranteeing the safety, security, and freedom of
               movement of African Union and United Nations personnel as well as associated
               personnel throughout Somalia and to comply fully with their obligations under
               international law, including international humanitarian, human rights and refugee
               law;
                    16. Requests the Secretary-General, through his Special Representative for
               Somalia, to coordinate all activities of the United Nations system in Somalia, to
               provide good offices and political support for the efforts to establish lasting peace

4                                                                                09-21165

                                                                                S/RES/1863 (2009)

           and stability in Somalia and to mobilize resources and support from the international
           community for both immediate recovery and long-term economic development of
           Somalia; decides that the United Nations Political Office for Somalia (UNPOS) and
           the United Nations country team shall continue to promote a lasting peace and
           stability in Somalia through the implementation of the Djibouti Peace Agreement,
           and to facilitate coordination of international support to these efforts; and requests
           the Secretary-General to conduct immediate contingency planning for the
           deployment of United Nations offices and agencies into Somalia;
                 17. Demands that all States in the region refrain from any action that might
           exacerbate instability in Somalia or the Horn of Africa region, and reiterates its
           intention to take measures against those who seek to prevent or block a peaceful
           political process, or those who threaten participants in the political process by force,
           or those who undermine stability in Somalia or the region;
                18. Calls upon Member States to contribute to current and future
           consolidated humanitarian appeals;
                 19. Reaffirms its resolutions 1325 (2000) and 1820 (2008) on women, peace
           and security, and 1674 (2006) and 1738 (2006) on the protection of civilians in
           armed conflict, and stresses the responsibility of all parties and armed groups in
           Somalia to take appropriate steps to protect the civilian population in the country,
           consistent with international humanitarian, human rights and refugee law, in
           particular by avoiding any indiscriminate or excessive use of force in populated
           areas;
                 20. Reaffirms its resolutions 1539 (2004) and 1612 (2005) on children and
           armed conflict and recalls the subsequent conclusions of the Security Council
           Working Group on Children and Armed Conflict pertaining to parties to the armed
           conflict in Somalia (S/AC.51/2007/14);
                21. Calls upon the Somali parties to make further progress on establishing
           joint Transitional Security Forces, which ultimately would assume full
           responsibility for providing security in Somalia;
                 22. Requests the Secretary-General to advise urgently on the implementation
           of his plans to assist the Transitional Federal Government (TFG) and the Alliance
           for the Re-liberation of Somalia (ARS) in developing and coordinating, through his
           Special Representative for Somalia, in conjunction with the United Nations
           Development Programme (UNDP), other international donors, Member States and
           AMISOM as appropriate, a coherent strategy and package for command and control,
           training and equipment to build Somalia’s joint Transitional Security Forces and
           Police to an anticipated strength of some 15,000 personnel, as envisaged in his letter
           of 19 December 2008 (S/2008/804) and in line with the recommendations of the
           TFG/ARS Joint Security Committee, as well as rule of law and correctional
           facilities, and other key areas identified by the Somali parties; and calls upon
           Member States to contribute to this package;
                 23. Calls upon Member States, in response to the Secretary-General’s letter
           of 19 December 2008 (S/2008/804), to support strengthening and building capacity
           of the Somali government at the federal, state and local level, particularly in areas of
           institutional development, human resource development, public finance
           management and accountability processes and support to service delivery;

09-21165                                                                                5

S/RES/1863 (2009)

                    24. Welcomes the Secretary-General’s proposal of 19 December 2008
               (S/2008/804) to establish within UNPOS a dedicated capacity that would include
               expertise in police and military training, planning for future Disarmament,
               Demobilisation and Reintegration activities and Security Sector Reform activities,
               as well as a rule of law and correction components;
                    25.   Decides to remain actively seized of the matter.

6                                                                                09-21165

Security Council resolution 1863 (2009) [on renewal of the authorization of member States of the African Union to maintain the African Union Mission in Somalia (AMISOM)]

African Union Mission in Somalia|African Union|UN Peacekeeping Operation in Somalia (Proposed)|African Union Mission in Somalia > Financing|UN. Special Representative of the Secretary-General for Somalia and Head of the United Nations Political Office for Somalia|UN Mission in Ethiopia and Eritrea|UN Political Office for Somalia|UN Country Team (Somalia)|Somalia. Transitional Federal Government|Alliance for the Re-liberation of Somalia|UNDP|Agreement between the Transitional Federal Government of Somalia (TFG) and the Alliance for the Re-liberation of Somalia (ARS) (2008)|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|PEACEKEEPING OPERATIONS|HUMANITARIAN ASSISTANCE|SOMALIA|SOMALIA SITUATION|CEASEFIRES|TECHNICAL COOPERATION|ILLICIT ARMS TRAFFICKING|STAFF SECURITY|FREEDOM OF MOVEMENT|TRUST FUNDS|FINANCIAL RESOURCES|REGIONAL SECURITY|LOGISTICS|EQUIPMENT AND SUPPLIES|TROOP-CONTRIBUTING STATES|GOOD OFFICES|RESOURCES MOBILIZATION|HUMAN RIGHTS IN ARMED CONFLICTS|CHILDREN IN ARMED CONFLICTS|INSTITUTION BUILDING|CAPACITY BUILDING|TRAINING PROGRAMMES|MILITARY PERSONNEL|POLICE|SECURITY SECTOR REFORM


               United Nations                                                                 S/RES/1864 (2009)
               Security Council                                               Distr.: General
                                                                              23 January 2009

               Resolution 1864 (2009)
               Adopted by the Security Council at its 6074th meeting, on
               23 January 2009

                    The Security Council,
                    Recalling its resolutions 1825 (2008), 1796 (2008) and 1740 (2007),
                    Reaffirming the sovereignty, territorial integrity and political independence of
               Nepal and its ownership of the implementation of the Comprehensive Peace
               Agreement and subsequent agreements,
                     Recalling the signing on 21 November 2006 by the Government of Nepal and
               the Communist Party of Nepal (Maoist) of a Comprehensive Peace Agreement, and
               the stated commitment of both parties to find a permanent and sustainable peace and
               commending the steps taken to date to implement the Agreement,
                     Acknowledging the strong desire of the Nepalese people for peace and the
               restoration of democracy and the importance in this respect of the implementation of
               the Comprehensive Peace Agreement and subsequent agreements by the relevant
               parties,
                    Expressing its continued readiness to support the peace process in Nepal in the
               timely and effective implementation of the Comprehensive Peace Agreement and
               subsequent agreements, in particular the 25 June Agreement, as requested by the
               Government of Nepal,
                     Welcoming the successful conclusion of the Constituent Assembly elections on
               10 April 2008, and the progress made by the parties since the formation of the
               Constituent Assembly in working towards a democratic government, including the
               decision made at the first session of the Constituent Assembly to establish Nepal as
               a federal democratic republic,
                     Welcoming the formation of a democratically elected government and
               institutions in Nepal,
                     Welcoming the establishment of the Special Committee for the supervision,
               integration and rehabilitation of the Maoist army personnel, and calling upon the
               Government of Nepal, and all political parties to work together to ensure the
               effective working of the committee, and to complete the integration and
               rehabilitation of the Maoist army personnel,

09-21771 (E)
*0921771*

S/RES/1864 (2009)

                     Echoing the Secretary-General’s call for all parties in Nepal to move forward
               swiftly in the implementation of the agreements reached, noting the Secretary-General’s assessment that the United Nations Mission in Nepal (UNMIN) will be
               well placed to assist in the management of arms and armed personnel in accordance
               with the 25 June Agreement between the political parties, and recognising UNMIN’s
               willingness to assist the parties in this, as requested, in order to achieve a durable
               solution,
                    Welcoming the report of the Secretary-General of 2 January on the United
               Nations Mission in Nepal (UNMIN), in accordance with his mandate,
                     Welcoming the completion of two phases of the verification process and
               continuing assistance with the management of arms and armed personnel of both
               sides in accordance with resolution 1740 (2007) and in line with the provisions of
               the Comprehensive Peace Agreement, noting the importance of a durable long term
               solution in helping to create the conditions for completion of UNMIN’s activities
               and noting also in this regard the need to address outstanding issues, particularly the
               release of minors in cantonment sites, and welcoming the Government of Nepal’s
               commitment to discharge minors without further delay, and calling upon the
               Government of Nepal to implement this commitment as soon as possible, and for
               continued reporting on this issue as required under resolution 1612 (2005),
                     Noting with appreciation that with the successful holding of the Constituent
               Assembly elections, some of the elements of the mandate relating to UNMIN as set
               out in resolution 1740 (2007) have already been accomplished,
                    Taking note of the Government of Nepal’s letter to the Secretary-General of
               12 December 2008 (S/2008/837), which recognises UNMIN’s contribution and
               requests an extension of UNMIN at a smaller scale to carry out the remainder of the
               mandate for six months, and further taking note of the intention of the Government
               of Nepal with regard to termination of UNMIN’s monitoring requirements by the
               end of this six month period,
                    Recognizing the need to pay special attention to the needs of women, children
               and traditionally marginalized groups in the peace process, as mentioned in the
               Comprehensive Peace Agreement and resolution 1325 (2000),
                     Recognizing that civil society can play an important role in democratic
               transition and conflict prevention,
                     Expressing appreciation for the contribution of the Secretary-General’s
               Special Representative and the efforts of his team in UNMIN, and the United
               Nations Country Team, including the Office of the High Commissioner for Human
               Rights which is monitoring human rights at the request of the government, and
               stressing the need for coordination and complementarity of efforts between the
               mission and all the United Nations actors in the mission area, particularly in order to
               ensure continuity, as the mandate comes to an end,
                     1.   Decides in line with the request from the Government of Nepal and the
               Secretary-General’s recommendations, to renew the mandate of UNMIN as
               established under resolution 1740 (2007) until 23 July 2009, taking into account the
               completion of some elements of the mandate, the ongoing work on the monitoring
               and the management of arms and armed personnel in line with the 25 June

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           Agreement among the political parties, which will support the completion of the
           peace process;
                 2.   Calls upon all parties to take full advantage of the expertise and
           readiness of UNMIN, within its mandate, to support the peace process to facilitate
           the completion of outstanding aspects of UNMIN’s mandate;
                3.   Concurs with the Secretary-General’s view that the current monitoring
           arrangements cannot be maintained indefinitely, and underlines the need for the
           Government of Nepal to consider necessary measures to reduce UNMIN’s
           monitoring requirements;
                4.    Endorses the Secretary-General’s recommendations for a phased,
           gradual, drawdown and withdrawal of UNMIN staff, including arms monitors, as
           proposed in paragraph 62 and 63 of the Report of the Secretary-General;
                  5.   Requests the Secretary-General to keep the Security Council informed of
           progress towards implementation of this resolution and to submit a report on this
           and the implications for UNMIN, with a view to further downsizing of UNMIN, no
           later than 30 April 2009;
                 6.   Calls upon the Government of Nepal to continue to take the necessary
           decisions to create conditions conducive to completion of UNMIN’s activities by the
           end of the current mandate, including through implementation of the 25 June
           Agreement, in order to facilitate UNMIN’s withdrawal from Nepal;
                7.    Welcomes progress achieved so far, and calls upon all political parties in
           Nepal to expedite the peace process, and to continue to work together in a spirit of
           cooperation, consensus and compromise in order to continue the transition to a
           durable long-term solution to enable the country to move to a peaceful, democratic
           and more prosperous future;
                 8.   Requests the parties in Nepal to take the necessary steps to promote the
           safety, security and freedom of movement of UNMIN and associated personnel in
           executing the tasks defined in the mandate;
                9.    Decides to remain seized of the matter.

09-21771                                                                                3

Security Council resolution 1864 (2009) [on renewal of the mandate of the UN Mission in Nepal (UNMIN)]

UN Political Mission in Nepal|Comprehensive Peace Agreement between the Government of Nepal and the Communist Party of Nepal (Maoist) (2006)|POLITICAL CONDITIONS|PEACEBUILDING|SPECIAL MISSIONS|NEPAL|WEAPONS TRACING|WEAPONS SURRENDER|STAFF SECURITY|FREEDOM OF MOVEMENT

S/64 [169] NEPAL--POLITICAL CONDITIONS
S/64 [170] UN POLITICAL MISSION IN NEPAL