               United Nations                                                                    S/RES/1877 (2009)
               Security Council                                                Distr.: General
                                                                               7 July 2009

               Resolution 1877 (2009)
               Adopted by the Security Council at its 6155th meeting, on
               7 July 2009

                    The Security Council,
                     Taking note of the letter to the President of the Council from the Secretary-General dated 19 June 2009, attaching the letter from the President of the
               International Tribunal for the Former Yugoslavia (“the International Tribunal”)
               dated 27 May 2009 and the letter from the President of the International Criminal
               Tribunal for Rwanda (“the ICTR”) dated 29 May 2009 (S/2009/333),
                    Recalling its resolutions 827 (1993) of 25 May 1993, 1581 (2005) of
               18 January 2005, 1597 (2005) of 20 April 2005, 1613 (2005) of 26 July 2005, 1629
               (2005) of 30 September 2005, 1660 (2006) of 28 February 2006, 1668 (2006) of
               10 April 2006, 1800 (2008) of 20 February 2008, 1837 (2008) of 29 September 2008
               and 1849 (2008) of 12 December 2008,
                    Recalling in particular its resolutions 1503 (2003) of 28 August 2003 and 1534
               (2004) of 26 March 2004, in which the Security Council calls on the International
               Tribunal to take all possible measures to complete investigations by the end of 2004,
               to complete all trial activities at first instance by the end of 2008, and to complete
               all work in 2010,
                      Taking note of the assessment by the International Tribunal in its Completion
               Strategy Report (S/2009/252) that the Tribunal will not be in a position to complete
               all its work in 2010,
                     Having considered the proposals submitted by the President of the
               International Tribunal,
                    Expressing its determination to support the efforts made by the International
               Tribunal towards the completion of its work at the earliest date,
                    Recalling that in its resolution 1837 (2008), the Security Council extended the
               term of office of the permanent judges of the International Tribunal, including
               permanent judges Liu Daqun (China), Theodor Meron (United States of America),
               and Fausto Pocar (Italy), who are members of the Appeals Chamber, until
               31 December 2010, or until the completion of the cases to which they are assigned if
               sooner,

09-39424 (E)
*0939424*

S/RES/1877 (2009)

                     Expressing its expectation that the extension of the term of office of judges
               will enhance the effectiveness of judicial proceedings and contribute towards the
               implementation of the Completion Strategy of the International Tribunal,
                    Noting that permanent judges Iain Bonomy (United Kingdom), Mohamed
               Shahabuddeen (Guyana) and Christine Van den Wyngaert (Belgium) have resigned
               from the International Tribunal,
                     Convinced of the advisability of allowing the Secretary-General to appoint an
               additional ad litem judge to the 12 ad litem judges authorized by the Statute, as a
               temporary measure, to enable the International Tribunal to assign a reserve judge to
               one of the trials, and taking note of the assurance by the President of the
               International Tribunal that this temporary measure will be within existing resources,
                   Convinced further of the need to enlarge the membership of the Appeals
               Chamber in view of the anticipated increase in the workload of the Appeals
               Chamber upon completion of the trial proceedings,
                    Stressing the need to ensure that none of the Appeals Chamber judges is
               assigned to any case to which he or she was assigned at the pre-trial or trial stage,
                    Urging the International Tribunal to take all possible measures to complete its
               work expeditiously,
                     Acting under Chapter VII of the Charter of the United Nations,
                    1.    Decides to review the extension of the term of office of the permanent
               judges at the International Tribunal, who are members of the Appeals Chamber, by
               31 December 2009, in light of the progress of the International Tribunal in the
               implementation of the Completion Strategy;
                     2.   Decides to extend the term of office of the following permanent judges at
               the International Tribunal until 31 December 2010, or until the completion of the
               cases to which they are assigned if sooner:
                    – Carmel Agius (Malta)
                    – Jean-Claude Antonetti (France)
                    – Christoph Flügge (Germany)
                    – O-Gon Kwon (South Korea)
                    – Bakone Justice Moloto (South Africa)
                    – Alphons Orie (Netherlands)
                    – Kevin Parker (Australia)
                    – Patrick Robinson (Jamaica)
                     3.    Decides that the term of office of the permanent judges appointed to
               replace Iain Bonomy (United Kingdom), Mohamed Shahabuddeen (Guyana) and
               Christine Van den Wyngaert (Belgium) shall extend until 31 December 2010, or
               until the completion of the cases to which they will be assigned if sooner;
                    4.    Decides to extend the term of office of the following ad litem judges,
               currently serving at the International Tribunal, until 31 December 2010, or until the
               completion of the cases to which they are assigned if sooner:

2                                                                                09-39424

                                                                                S/RES/1877 (2009)

              – Melville Baird (Trinidad and Tobago)
              – Pedro David (Argentina)
              – Elizabeth Gwaunza (Zimbabwe)
              – Frederik Harhoff (Denmark)
              – Uldis Kinis (Latvia)
              – Flavia Lattanzi (Italy)
              – Antoine Kesia-Mbe Mindua (Democratic Republic of the Congo)
              – Michèle Picard (France)
              – Árpád Prandler (Hungary)
              – Stefan Trechsel (Switzerland)
                5.    Decides to extend the term of office of the following ad litem judges,
           who are not currently appointed to serve at the International Tribunal, until
           31 December 2010, or until the completion of any cases to which they may be
           assigned if sooner:
              – Frans Bauduin (Netherlands)
              – Burton Hall (Bahamas)
              – Raimo Lahti (Finland)
              – Jawdat Naboty (Syrian Arab Republic)
              – Chioma Egondu Nwosu-Iheme (Nigeria)
              – Prisca Matimba Nyambe (Zambia)
              – Brynmor Pollard (Guyana)
              – Vonimbolana Rasoazanany (Madagascar)
              – Tan Sri Dato Lamin Haji Mohd Yunus (Malaysia)
                 6.   Decides to allow ad litem judges Harhoff, Lattanzi, Mindua, Prandler and
           Trechsel to serve in the International Tribunal beyond the cumulative period of
           service provided for under article 13 ter, paragraph 2, of the Statute of the
           International Tribunal;
                7.    Decides that upon the request of the President of the International
           Tribunal, the Secretary-General may appoint additional ad litem judges in order to
           complete existing trials or conduct additional trials, notwithstanding that the total
           number of ad litem judges serving at the International Tribunal will from time to
           time temporarily exceed the maximum of twelve provided for in article 12,
           paragraph 1, of the Statute of the International Tribunal, to a maximum of thirteen at
           any one time, returning to a maximum of twelve by 31 December 2009;
                8.    Decides to amend article 14, paragraph 3, and article 14, paragraph 4, of
           the Statute of the International Tribunal and to replace those paragraphs with the
           provisions set out in the annex to this resolution;
                9.    Decides to remain seized of the matter.

09-39424                                                                                3

S/RES/1877 (2009)

Annex
               Article 14

               Officers and members of the Chambers
                     3.    After consultation with the permanent judges of the International
               Tribunal, the President shall assign four of the permanent judges elected or
               appointed in accordance with article 13 bis of the Statute to the Appeals Chamber
               and nine to the Trial Chambers. Notwithstanding the provisions of article 12,
               paragraph 1, and article 12, paragraph 3, the President may assign to the Appeals
               Chamber up to four additional permanent judges serving in the Trial Chambers, on
               the completion of the cases to which each judge is assigned. The term of office of
               each judge redeployed to the Appeals Chamber shall be the same as the term of
               office of the judges serving in the Appeals Chamber.
                     4.    Two of the permanent judges of the International Tribunal for Rwanda
               elected or appointed in accordance with article 12 bis of the Statute of that Tribunal
               shall be assigned by the President of that Tribunal, in consultation with the President
               of the International Tribunal, to be members of the Appeals Chamber and permanent
               judges of the International Tribunal. Notwithstanding the provisions of article 12,
               paragraph 1, and article 12, paragraph 3, up to four additional permanent judges
               serving in the Trial Chambers of the International Criminal Tribunal for Rwanda
               may be assigned to the Appeals Chamber by the President of that Tribunal, on the
               completion of the cases to which each judge is assigned. The term of office of each
               judge redeployed to the Appeals Chamber shall be the same as the term of office of
               the judges serving in the Appeals Chamber.

4                                                                                09-39424

Security Council resolution 1877 (2009) [on extension of the terms of office of permanent and ad litem judges to the International Criminal Tribunal for the Former Yugoslavia (ICTY) and on amending art. 14 of the Statute of the International Tribunal]

Argentina|Australia|Belgium|Bahamas|Switzerland|China|Congo, The Democratic Republic of the|Congo|Germany|Denmark|Finland|France|United Kingdom|Guyana|Hungary|Italy|Jamaica|Latvia|Madagascar|Malta|Malaysia|Niger|Nigeria|Netherlands|Rwanda|Syrian Arab Republic|Trinidad and Tobago|United States|South Africa|Zambia|Zimbabwe

Australia and New Zealand|Eastern Asia|Eastern Europe|Latin America and the Caribbean|Northern America|Northern Europe|South-eastern Asia|Southern Europe|Sub-Saharan Africa|Western Asia|Western Europe

Caribbean|Eastern Africa|Middle Africa|South America|Southern Africa|Western Africa

International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 > Members|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. Chambers|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. President|Statute of the International Tribunal for the Prosecution of Persons responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (1993)|Charter of the United Nations (1945). Chapter VII|INTERNATIONAL CRIMINAL COURTS|FORMER YUGOSLAVIA SITUATION|JUDGES|TRIALS

S/64 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/64 [60] FORMER YUGOSLAVIA SITUATION


               United Nations                                                                    S/RES/1878 (2009)
               Security Council                                                Distr.: General
                                                                               7 July 2009

               Resolution 1878 (2009)
               Adopted by the Security Council at its 6156th meeting, on
               7 July 2009

                    The Security Council,
                     Taking note of the letter to the President of the Council from the Secretary-General dated 19 June 2009, attaching the letter from the President of the
               International Criminal Tribunal for Rwanda (“the International Tribunal”) dated
               29 May 2009 and the letter from the President of the International Tribunal for the
               former Yugoslavia dated 27 May 2009 (S/2009/333), and the letter to the President
               of the Council from the Secretary-General dated 26 June 2009, attaching the letter
               from the President of the International Tribunal dated 15 June 2009 (S/2009/334),
               and the letter to the President of the Council from the Secretary-General dated
               7 July 2009, attaching the letter from the President of the International Tribunal
               dated 1 July 2009 (S/2009/336),
                    Recalling its resolutions 955 (1994) of 8 November 1994, 1165 (1998) of
               30 April 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002,
               1431 (2002) of 14 August 2002, 1717 (2006) of 13 October 2006, 1824 (2008) of
               18 July 2008 and 1855 (2008) of 19 December 2008,
                    Recalling in particular its resolutions 1503 (2003) of 28 August 2003 and 1534
               (2004) of 26 March 2004, in which the Security Council calls on the International
               Tribunal to take all possible measures to complete investigations by the end of 2004,
               to complete all trial activities at first instance by the end of 2008, and to complete
               all work in 2010,
                      Taking note of the assessment by the International Tribunal in its Completion
               Strategy Report (S/2009/247) that the Tribunal will not be in a position to complete
               all its work in 2010,
                     Having considered the proposals submitted by the President of the
               International Tribunal,
                    Expressing its determination to support the efforts made by the International
               Tribunal towards the completion of its work at the earliest date,
                    Recalling that in its resolution 1824 (2008) the Security Council extended the
               term of office of permanent judges Mehmet Güney (Turkey) and Andrésia Vaz

09-39395 (E)
*0939395*

S/RES/1878 (2009)

               (Senegal), who are members of the Appeals Chamber, until 31 December 2010, or
               until the completion of the cases before the Appeals Chamber if sooner,
                     Expressing its expectation that the extension of the term of office of judges
               will enhance the effectiveness of judicial proceedings and contribute towards the
               implementation of the Completion Strategy of the International Tribunal,
                    Noting that permanent judge Sergei Aleckseevich Egorov (Russian Federation)
               intends to resign from the International Tribunal,
                    Convinced of the need to enlarge the membership of the Appeals Chamber in
               view of the anticipated increase in the workload of the Appeals Chamber upon
               completion of the trial proceedings,
                    Stressing the need to ensure that none of the Appeals Chamber judges is
               assigned to any case to which he or she was assigned at the pre-trial or trial stage,
                     Noting the concerns expressed by the President of the International Tribunal
               about the terms and conditions of service of ad litem judges in light of their duration
               of service and share of the workload of the International Tribunal,
                    Urging the International Tribunal to take all possible measures to complete its
               work expeditiously,
                     Acting under Chapter VII of the Charter of the United Nations,
                    1.    Decides to review the extension of the term of office of the permanent
               judges at the International Tribunal, who are members of the Appeals Chamber, by
               31 December 2009, in light of the progress of the International Tribunal in the
               implementation of the Completion Strategy;
                    2.   Decides to extend the term of office of the following permanent judges at
               the International Tribunal, who are members of the Trial Chambers, until
               31 December 2010, or until the completion of the cases to which they are assigned if
               sooner:
                    – Charles Michael Dennis Byron (Saint Kitts and Nevis)
                    – Joseph Asoka Nihal de Silva (Sri Lanka)
                    – Khalida Rachid Khan (Pakistan)
                    – Arlette Ramaroson (Madagascar)
                    – William H. Sekule (United Republic of Tanzania)
                    3.    Decides that the term of office of the permanent judge appointed to
               replace Sergei Aleckseevich Egorov (Russian Federation) shall extend until
               31 December 2010, or until the completion of the cases to which he or she will be
               assigned if sooner;
                    4.    Decides to extend the term of office of the following ad litem judges,
               currently serving at the International Tribunal, until 31 December 2010, or until the
               completion of the cases to which they are assigned if sooner:
                    – Aydin Sefa Akay (Turkey)
                    – Florence Rita Arrey (Cameroon)
                    – Solomy Balungi Bossa (Uganda)

2                                                                                09-39395

                                                                                S/RES/1878 (2009)

              – Taghrid Hikmet (Jordan)
              – Vagn Joensen (Denmark)
              – Gberdao Gustave Kam (Burkina Faso)
              – Joseph Edward Chiondo Masanche (United Republic of Tanzania)
              – Lee Gacugia Muthoga (Kenya)
              – Seon Ki Park (Republic of Korea)
              – Mparany Mamy Richard Rajohnson (Madagascar)
              – Emile Francis Short (Ghana)
                5.   Decides to allow ad litem judge Joensen to serve in the International
           Tribunal beyond the cumulative period of service provided for under article 12 ter,
           paragraph 2, of the Statute of the International Tribunal;
                 6.    Decides, in light of the exceptional circumstances, that notwithstanding
           article 12 bis, paragraph 3, of the Statute of the International Tribunal, Judge Joseph
           Asoka Nihal de Silva and Judge Emile Francis Short may work part-time and
           engage in another judicial occupation or occupation of equivalent independent status
           in their home countries during the remainder of their terms of office until the
           completion of the cases to which they are assigned; takes note of the intention of the
           International Tribunal to complete the cases by mid-2010; and underscores that this
           exceptional authorization shall not be considered as establishing a precedent. The
           President of the International Tribunal shall have the responsibility to ensure that
           this arrangement is compatible with the independence and impartiality of the judges,
           does not give rise to conflicts of interest and does not delay the delivery of the
           judgment;
                 7.   Decides that notwithstanding article 11, paragraph 1, of the Statute of the
           International Tribunal, and on an exceptional basis, Judge Egorov, once replaced as
           a member of the International Tribunal, complete the cases which he began before
           his resignation; and takes note of the intention of the International Tribunal to
           complete the cases by the end of 2009;
                 8.   Decides to amend article 13, paragraph 3 of the Statute of the
           International Tribunal as set out in the annex to this resolution;
                9.    Decides to remain seized of the matter.

09-39395                                                                                3

S/RES/1878 (2009)

Annex
               Article 13: Officers and members of the Chambers

               3.    After consultation with the permanent judges of the International Tribunal for
               Rwanda, the President shall assign two of the permanent judges elected or appointed
               in accordance with article 12 bis of the present Statute to be members of the Appeals
               Chamber of the International Tribunal for the Former Yugoslavia and eight to the
               Trial Chambers of the International Tribunal for Rwanda. Notwithstanding the
               provisions of article 11, paragraph 1, and article 11, paragraph 3, the President may
               assign to the Appeals Chamber up to four additional permanent judges serving in the
               Trial Chambers, on the completion of the cases to which each judge is assigned. The
               term of office of each judge redeployed to the Appeals Chamber shall be the same as
               the term of office of the judges serving in the Appeals Chamber.

4                                                                                09-39395

Security Council resolution 1878 (2009) [on extension of the terms of office of permanent and ad litem judges to the International Criminal Tribunal for Rwanda (ICTR) and on amending art. 13 of the Statute of the International Tribunal]

Burkina Faso|Cameroon|Denmark|Ghana|Jordan|Kenya|Saint Kitts and Nevis|Korea, Republic of|Sri Lanka|Madagascar|Pakistan|Russian Federation|Rwanda|Senegal|Turkey|Tanzania, United Republic of|Uganda

Eastern Asia|Eastern Europe|Latin America and the Caribbean|Northern Europe|Southern Asia|Sub-Saharan Africa|Western Asia

Caribbean|Eastern Africa|Middle Africa|Western Africa

Byron, Charles Michael Dennis, Sir > (Saint Kitts and Nevis)|De Silva, Joseph Asoka Nihal > (Sri Lanka)|Rachid Khan, Khalida > (Pakistan)|Ramaroson, Arlette > (Madagascar)|Sekule, William Hussein > (United Republic of Tanzania)|Akay, Aydin Sefa > (Turkey)|Arrey, Florence Rita > (Cameroon)|Bossa, Solomy B. > (Uganda)|Hikmet, Taghrid > (Jordan)|Joensen, Vagn Prusse > (Denmark)|Kam, Gberdao Gustave > (Burkina Faso)|Masanche, Joseph Edward Chiondo > (United Republic of Tanzania)|Muthoga, Lee Gacuiga > (Kenya)|Park, Seon Ki > (Republic of Korea)|Rajohnson, Mparany Mamy Richard > (Madagascar)|Short, Emile Francis > (Ghana)|Egorov, Sergei Alekseevich > (Russian Federation)|International Criminal Tribunal for Rwanda > Members|International Criminal Tribunal for Rwanda. Chambers|International Criminal Tribunal for Rwanda. President|Statute of the International Tribunal for Rwanda (1994)|Charter of the United Nations (1945). Chapter VII|INTERNATIONAL CRIMINAL COURTS|RWANDA SITUATION|JUDGES

S/64 [95] RWANDA SITUATION
S/64 [97] INTERNATIONAL TRIBUNAL--RWANDA


               United Nations                                                                   S/RES/1879 (2009)
               Security Council                                               Distr.: General
                                                                              23 July 2009

               Resolution 1879 (2009)
               Adopted by the Security Council at its 6167th meeting, on
               23 July 2009

                    The Security Council,
                    Recalling its resolutions 1864 (2009), 1825 (2008), 1796 (2008) and 1740
               (2007), and the statement of its President of 5 May 2009 (S/PRST/2009/12),
                    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 2008 Agreement, as requested by
               the Government of Nepal,
                     Welcoming the progress the Constituent Assembly has since made towards
               writing a new democratic constitution of Nepal within the stipulated time frame
               since the successful conclusion of the Constituent Assembly elections on 10 April
               2008,
                     Noting with concern recent developments, and encouraging renewed and
               sustained efforts to create a unified approach among the political parties, including
               through the proposal for a high-level consultative mechanism as a forum for
               discussion on critical peace process issues,
                    Calling upon the Government of Nepal and all political parties to work
               together to ensure the early reconstitution and effective working of the Special
               Committee for the supervision, integration and rehabilitation of Maoist army
               personnel, drawing upon the support of the Technical Committee,

09-42142 (E)
*0942142*

S/RES/1879 (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 2008 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 14 July 2009 on UNMIN,
                     Recalling the completion of two phases of the verification process and
               welcoming 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, noting also in this regard the need to address outstanding issues
               without further delay, and welcoming in this regard the decision by the Government
               of Nepal and the Unified Communist Party of Nepal (Maoist) formally to launch the
               discharge and rehabilitation process for the disqualified Maoist army personnel,
               including minors, and calling upon all political parties to implement this process
               fully and expeditiously, and for continued reporting on this issue as required under
               resolution 1612 (2005),
                     Recalling that with the successful holding of the Constituent Assembly
               elections, some of the elements of the mandate of UNMIN as set out in resolution
               1740 (2007) have already been accomplished,
                    Welcoming the action plan which the Government of Nepal has committed to
               prepare, the implementation of which will facilitate UNMIN’s withdrawal from
               Nepal,
                     Taking note of the Government of Nepal’s letter to the Secretary-General of
               7 July 2009 (S/2009/360), which recognises UNMIN’s contribution and requests an
               extension of the mandate of UNMIN for six months, and further taking note of the
               commitments of the Government of Nepal to reconstitute the Special Committee
               strengthened with the support of the Ministry of Peace and Reconstruction, and also
               for beginning the process of integration and rehabilitation of Maoist army personnel,
                    Recognizing the need to pay special attention to the needs and the role of
               women, children and traditionally marginalized groups in the peace process, as
               mentioned in the Comprehensive Peace Agreement and resolution 1325 (2000),
                     Recognizing the need to address impunity and to promote and protect human
               rights through building the capacity of independent national institutions,
                     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
               Representative and the efforts of her 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,

2                                                                                09-42142

                                                                                S/RES/1879 (2009)

                 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 January 2010, 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 Agreement 2008 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 by 23 January 2010;
                 3.   Concurs with the Secretary-General’s view that the current monitoring
           arrangements were conceived as temporary measures, rather than long-term
           solutions, and cannot be maintained indefinitely, and underlines the need for the
           Government of Nepal to consider necessary measures to end the present monitoring
           arrangements;
                4.    Requests the Secretary-General to report to the Security Council by
           30 October 2009 on the implementation of this resolution, and progress in creating
           the conditions conducive to completion of UNMIN’s activities by the end of the
           current mandate, including the implementation of commitments made in the
           Government of Nepal’s letter of 7 July 2009;
                 5.   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 2008
           Agreement, in order to facilitate UNMIN’s withdrawal from Nepal;
                 6.   Welcomes progress achieved so far, and calls upon all political parties in
           Nepal to expedite the peace process, and 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;
                 7.   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;
                8.    Decides to remain seized of the matter.

09-42142                                                                                3

Security Council resolution 1879 (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)|PEACEBUILDING|SPECIAL MISSIONS|NEPAL|DISARMAMENT|WEAPONS SURRENDER|WEAPONS TRACING|STAFF SECURITY|FREEDOM OF MOVEMENT

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


               United Nations                                                                     S/RES/1880 (2009)
               Security Council                                                 Distr.: General
                                                                                30 July 2009

               Resolution 1880 (2009)
               Adopted by the Security Council at its 6174th meeting, on
               30 July 2009

                    The Security Council,
                    Recalling its previous resolutions, in particular resolutions 1528 (2004), 1721
               (2006), 1739 (2007), 1765 (2007), 1795 (2008), 1826 (2008), 1842 (2008) and 1865
               (2009), and the statements of its President relating to the situation in Côte d’Ivoire,
               and resolution 1836 (2008) on the situation in Liberia,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and unity of Côte d’Ivoire, and recalling the importance of the principles of
               good-neighbourliness, non-interference and regional cooperation,
                     Recalling that it endorsed the Agreement signed by President Laurent Gbagbo
               and Mr. Guillaume Soro in Ouagadougou on 4 March 2007 (“the Ouagadougou
               Political Agreement”, S/2007/144), and that it welcomed the four subsequent
               Supplementary Agreements,
                     Recalling in particular that in its resolution 1721 (2006) it notably endorsed
               the decision of the African Union Peace and Security Council on the mandate of the
               Head of State, and recalling further that in the statement of its President dated
               28 March 2007 (S/PRST/2007/8) it endorsed the Ouagadougou Political Agreement,
               including its Chapter V on the institutional executive framework, and that this
               Agreement provided for a period of ten months for the holding of the presidential
               elections,
                    Expressing again its appreciation to President Blaise Compaoré of Burkina
               Faso (“the Facilitator”) for his continued efforts to support the peace process in Côte
               d’Ivoire, in particular through the Ouagadougou Political Agreement follow-up
               mechanisms, commending and encouraging the continued efforts of the African
               Union and the Economic Community of West African States (“ECOWAS”) to
               promote peace and stability in Côte d’Ivoire, and reiterating its full support for
               them,
                     Stressing again the importance of the international consultative organ
               participating in the meetings of the evaluation and monitoring committee, as an
               observer,

09-43360 (E)
*0943360*

S/RES/1880 (2009)

                    Stressing the need for the Council to pursue a rigorous, strategic approach to
               peacekeeping deployments,
                     Reiterating its strong condemnation of any attempt to destabilize the peace
               process by force, and expressing its intention to examine without delay the situation
               after any such attempt, on the basis of a report by the Secretary-General,
                    Having taken note of the report of the Secretary-General dated 7 July 2009
               (S/2009/344),
                     Recalling its resolution 1674 (2006) on the protection of civilians in armed
               conflicts, noting with concern, in spite of the sustained improvement of the overall
               human rights situation, the persistence of reported human rights violations against
               civilians in different parts of the country, including numerous acts of sexual
               violence, stressing that the perpetrators must be brought to justice, and reiterating
               its firm condemnation of all violations of human rights and international
               humanitarian law in Côte d’Ivoire,
                    Recalling its resolution 1612 (2005) on children and armed conflict and the
               subsequent conclusions of the Security Council Working Group on Children and
               Armed Conflict pertaining to parties in the armed conflict of Côte d’Ivoire
               (S/AC.51/2008/5), and expressing its deep concern that children continue to suffer
               from various forms of violence,
                     Recalling also its resolutions 1325 (2000) and 1820 (2008) on women, peace
               and security, condemning any sexual violence, stressing again the importance of
               women’s equal participation and full involvement in all efforts for the maintenance
               of peace and promotion of peace and security and the need to increase their role in
               decision-making with regard to conflict prevention and resolution, and encouraging
               the Secretary-General to mainstream a gender perspective in the implementation of
               the mandate of the United Nations Operation in Côte d’Ivoire (“UNOCI”),
                     Determining that the situation in Côte d’Ivoire continues to pose a threat to
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    (“Supporting the Ouagadougou political process”)
                     1.   Recalls that in the statement of its President dated 29 May 2009
               (S/PRST/2009/16) it welcomed the new electoral timeline endorsed in Ouagadougou
               by all the main Ivorian political actors and leading to the first round of the
               presidential elections on 29 November 2009, and underlines that the Ivorian
               political actors are bound to respect this timeline to demonstrate their political
               commitment towards the holding of free, fair, open and transparent elections;
                     2.   Reiterates its determination to bring its full support to a credible
               electoral process for the presidential and legislative elections in Côte d’Ivoire and
               expresses its conviction that any postponement of the presidential elections of
               29 November 2009 would be inconsistent with a credible process and with the
               Ouagadougou Political Agreement as endorsed by the Security Council;
                    3.    Welcomes the successful completion of registration of voters;
                    4.   Recalls that it had requested in its resolution 1865 (2009) the President of
               the Independent Electoral Commission to share publicly the details of the time

2                                                                                09-43360

                                                                                S/RES/1880 (2009)

           frame, and takes note of the dates he provided for the five stages leading to the
           elections of 29 November 2009;
                 5.   Reiterates that the publication of the electoral list is a crucial step in the
           electoral process, looks forward to the publication of the provisional voters list
           before the end of August 2009 and urges the Ivorian actors to meet their
           commitments in full and without delay;
                 6.   Expresses its determination to follow closely the publication of the
           provisional and of the final electoral lists, encourages the Facilitator and the Special
           Representative of the Secretary-General to inform it without delay of any difficulty
           that may put at risk the electoral time frame, expresses its intention to examine any
           such situation without delay and requests the Special Representative of the
           Secretary-General to certify the voters list explicitly;
                 7.    Reiterates that the Special Representative of the Secretary-General shall
           certify that all stages of the electoral process provide all the necessary guarantees
           for the holding of open, free, fair and transparent presidential and legislative
           elections in accordance with international standards and reaffirms its full support to
           the Special Representative of the Secretary-General in his certification role;
                 8.    Stresses that it will base its assessment of the electoral process on the
           certification that will be prepared by the Special Representative consistent with the
           five-criteria framework referred to in document S/2008/250 and after inclusive
           contacts with all stakeholders in Côte d’Ivoire, including the civil society;
                 9.    Stresses the importance of an inclusive participation of the Ivorian civil
           society in the electoral process, and of ensuring the equal protection of and respect
           for human rights of every Ivorian as they relate to the electoral system, and in
           particular respect for freedom of opinion and expression, and removing obstacles
           and challenges to women’s participation and full involvement in public life;
                 10. Urges the Government of Côte d’Ivoire to provide the operators involved
           in the electoral process with the necessary support and encourages the international
           community to continue their support to the electoral process, including by
           providing, with the agreement of the Ivorian authorities, electoral observation
           capacity and related technical assistance;
                 11. Recalls that it is fully prepared to impose targeted measures pursuant to
           paragraph 16 of resolution 1842 (2008), including among other things against
           persons who are determined to be a threat to the peace and national reconciliation
           process in Côte d’Ivoire, and recalls further that, pursuant to paragraph 6 of the
           above mentioned resolution, any threat to the electoral process in Côte d’Ivoire, in
           particular any attack or obstruction of the action of the Independent Electoral
           Commission in charge of the organization of the elections or the actions of the
           operators mentioned in paragraphs 1.33 and 2.11 of the Ouagadougou Political
           Agreement, shall constitute a threat to the peace and national reconciliation process
           for the purposes of paragraph 9 and 11 of resolution 1572 (2004);
                12. Urges again the political parties to comply fully with the Code of Good
           Conduct for elections which they signed under the auspices of the Secretary-General, and in particular urges the Ivorian authorities to allow equitable access to
           public media;

09-43360                                                                                3

S/RES/1880 (2009)

                     13. Takes note again of the ceremony of transfer of authority held in Bouake
               on 26 of May 2009 as a positive development, urges the Ivorian parties to make
               further progress to advance the reunification and disarmament processes, and
               encourages the international donors to continue to provide their support to them, as
               appropriate;
                     14. Calls upon all concerned parties to ensure that the protection of women
               and children is addressed in the implementation of the Ouagadougou Political
               Agreement as well as the post-conflict reconstruction and recovery phases,
               including continued monitoring and reporting of the situation of women and
               children and that all reported abuses are investigated and those responsible brought
               to justice;
                    15. Calls also upon all Ivorian parties to take appropriate measures to refrain
               from, prevent and protect civilians from all forms of sexual violence, which could
               include, inter alia, enforcing appropriate military disciplinary measures, upholding
               the principle of command responsibility, and training troops on the categorical
               prohibition of all forms of sexual violence;
                     16. Recalls the recommendation by its Working Group on children in armed
               conflict in Côte d’Ivoire (S/AC.51/2008/5) that a National Action Plan to address
               sexual violence be adopted, welcomes steps taken so far and urges the Government
               of Côte d’Ivoire, with the support of UNOCI and other relevant actors to finalize
               and implement it, welcomes also the Programme of Action to Combat Sexual
               Violence in the areas within its control signed by the Forces Nouvelles in
               January 2009 pursuant to the above-mentioned recommendations as well as the
               communiqué issued by four militia groups indicating their willingness to combat
               sexual violence, and calls upon all relevant parties, with the continued support of
               UNOCI to work together to implement their commitments;
                    17. Urges the signatories of the Ouagadougou Political Agreement to take the
               necessary steps to protect vulnerable civilian populations, including by guaranteeing
               the voluntary return, reinstallation, reintegration and security of displaced persons,
               including by addressing land tenure issues, with the support of the United Nations
               system, and to fulfil in this regard their commitments in accordance with the
               Ouagadougou Political Agreement and their obligations under international law;
                    18. Welcomes the progress made in the identification process, which is key to
               the long-term stability of Côte d’Ivoire, and calls upon the Ivorian parties to
               continue the identification operations, including after the elections;
                    (“Renewing the mandate of the United Nations Operation in Côte d’Ivoire”)
                     19. Decides to renew the mandate of UNOCI, as determined in resolution
               1739 (2007), until 31 January 2010, in particular to support the organization in Côte
               d’Ivoire of free, open, fair and transparent elections, within the electoral time frame
               referred to in paragraph 1 above;
                     20. Requests UNOCI, within its existing resources and mandate, to support
               actively the parties in the implementation of the remaining tasks under the
               Ouagadougou Political Agreement and its Supplementary Agreements, in particular
               those that are essential to the holding of a free, fair, open and transparent
               presidential election of 29 November 2009, and to continue to support the
               disarmament, demobilization and reintegration programme and the disarmament and

4                                                                                09-43360

                                                                                S/RES/1880 (2009)

           dismantling of militias, and to provide technical and logistical support to the
           Independent Electoral Commission for the preparation and the holding of the
           elections in a secure environment;
                 21. Requests the Secretary-General to continue to monitor progress on the
           achievement of the benchmarks referred to in annex 1 of his report dated 7 July
           2009, encourages him to continue to refine and update them and to report to the
           Security Council, and expresses its intention to review these benchmarks in full
           before 15 October 2009, taking into account in particular the progress of the
           electoral process;
                 22. Reiterates its full support to the efforts of the Special Representative of
           the Secretary-General in Côte d’Ivoire, and requests UNOCI to continue to actively
           sensitize the Ivorian population to his certification role;
                 23. Commends the Facilitator for continuing to support the process to settle
           the crisis in Côte d’Ivoire, and requests UNOCI to continue to assist him and his
           Special Representative in Abidjan in the conduct of the facilitation, including by
           helping the Facilitator, as appropriate and upon his request, to carry out his
           arbitration role according to the provisions of paragraph 8.1 of the Ouagadougou
           Political Agreement and paragraphs 8 and 9 of the third Supplementary Agreement;
                 24. Reaffirms its intention, as expressed in resolution 1836 (2008), to
           authorize the Secretary-General to redeploy troops, as may be needed, between the
           United Nations Mission in Liberia (UNMIL) and UNOCI on a temporary basis and
           in accordance with the provisions of resolution 1609 (2005), as recommended by the
           Secretary-General in paragraph 25 of his report dated 7 July 2009 (S/2009/344) and
           calls on troop contributing countries to support the efforts of the Secretary-General
           in that regard;
                25. Underscores the importance of updating the military concept of
           operations and rules of engagement before 30 September 2009 and requests the
           Secretary-General to report thereon to the Security Council and troop contributing
           countries;
                 26. Requests UNOCI to continue to contribute, pursuant to paragraph 2 (k) of
           its resolution 1739 (2007), to the promotion and protection of human rights in Côte
           d’Ivoire, with special attention to violence committed against children and women,
           to monitor and help investigate human rights violations with a view to ending
           impunity, and to continue to support the efforts all parties should take pursuant to
           paragraphs 15 and 16 above, and further requests the Secretary-General to continue
           to include in his reports to the Security Council relevant information on progress in
           this area;
                 27. Requests UNOCI, in this context, to also continue to contribute, pursuant
           to paragraph 2 (m) of its resolution 1739 (2007), to assist the Government of Côte
           d’Ivoire in restoring a civilian policing presence throughout Côte d’Ivoire, and to
           advise the Government of Côte d’Ivoire on the restructuring of the internal security
           services and in re-establishing the authority of the judiciary and the rule of law
           throughout Côte d’Ivoire;
               28. Stresses the need for UNOCI and humanitarian agencies to continue to
           work closely together, in relation to areas of tensions and of return of displaced

09-43360                                                                                5

S/RES/1880 (2009)

               persons, to exchange information on possible outbreaks of violence and other threats
               against civilians in order to respond thereto in a timely and appropriate manner;
                     29. Requests the Secretary-General to continue to take the necessary
               measures to ensure full compliance in UNOCI with the United Nations zerotolerance policy on sexual exploitation and abuses and to keep the Council
               informed, and urges troop-contributing countries to take appropriate preventive
               action including predeployment awareness training, and other action to ensure full
               accountability in cases of such conduct involving their personnel;
                    30. Decides to extend until 31 January 2010 the authorization it provided to
               the French forces in order to support UNOCI, within the limits of their deployment
               and their capabilities;
                     31. Expresses its intention to review the situation as well as, as appropriate,
               the mandate of UNOCI, subject to the progress of the electoral process and in
               particular to the establishment of the voters list, and in any case no later than
               15 October 2009, requests the Secretary-General to inform it in early September of
               the publication of the provisional electoral list and further requests the Secretary-General to provide to it a mid-term report, by the end of September 2009, of the
               situation on the ground, including a specific update on the security situation, and of
               the preparation of the electoral process;
                    32. Further requests the Secretary-General to inform the Security Council in
               his upcoming reports on the development of his strategic workplan containing
               indicative timelines to measure and track progress on the implementation of the
               benchmarks referred to in paragraph 21 above;
                      33. Expresses its intention to review by 31 January 2010 the mandate of
               UNOCI and the authorization provided to the French forces which support it, the
               level of troops of UNOCI and the benchmarks referred to in paragraph 21 above, in
               light of the progress achieved in the electoral process and in the implementation of
               the key steps of the peace process, and requests the Secretary-General to provide to
               it a report to this end three weeks before this date;
                    34.   Decides to remain actively seized of the matter.

6                                                                                09-43360

Security Council resolution 1880 (2009) [on renewal of the mandate of the UN Operation in Côte d'Ivoire (UNOCI) and of the French forces which support it]

UN Operation in Côte d'Ivoire|Force Licorne (France)|UN. High Representative for the Elections in Côte d'Ivoire|UN. Special Representative of the Secretary-General for Côte d'Ivoire|Facilitator of the Peace Process in Côte d'Ivoire|Côte d'Ivoire. Independent Electoral Commission|UN Mission in Liberia|Ouagadougou Political Agreement (2007)|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|ELECTIONS|INTERNAL SECURITY|ELECTION VERIFICATION|CÔTE D'IVOIRE|MILITARY PERSONNEL|FRANCE|MILITARY DEMOBILIZATION|VOTER REGISTRATION|CIVIL SOCIETY|CODES OF CONDUCT|POST-CONFLICT RECONSTRUCTION|PUBLIC INFORMATION|GENDER-BASED VIOLENCE|DISPLACED PERSONS|HUMANITARIAN ASSISTANCE|POLICE|HUMAN RIGHTS|RIGHTS OF THE CHILD|CHILDREN IN ARMED CONFLICTS|MASS MEDIA|STAFF SECURITY|WOMEN'S RIGHTS|HUMAN RIGHTS MONITORING|CIVILIAN PERSONS|DISARMAMENT|HUMAN RIGHTS IN ARMED CONFLICTS|SEX CRIMES|COORDINATION WITHIN UN SYSTEM

S/64 [196] CÔTE D'IVOIRE--POLITICAL CONDITIONS
S/64 [198] UN OPERATION IN CÔTE D'IVOIRE


                United Nations                                                                   S/RES/1881 (2009)*
                Security Council                                                 Distr.: General
                                                                                6 August 2009

                Resolution 1881 (2009)
                Adopted by the Security Council at its 6175th meeting, on
                30 July 2009

                     The Security Council,
                      Reaffirming all its previous resolutions and presidential statements concerning
                the situation in Sudan,
                      Reaffirming its strong commitment to the sovereignty, unity, independence and
                territorial integrity of Sudan and its determination to work with the Government of
                Sudan, in full respect of its sovereignty, to assist in tackling the various challenges
                in Sudan,
                      Recalling also its previous resolutions 1674 (2006) on the protection of
                civilians in armed conflict, which reaffirms, inter alia, the relevant provisions of the
                United Nations World Summit outcome document, 1612 (2005) on children in
                armed conflict, 1502 (2003) on the protection of humanitarian and United Nations
                personnel, and 1325 (2000) and 1820 (2008) on women, peace and security,
                      Taking note of the report on Children in Armed Conflict in Sudan dated
                10 February 2009 (S/2009/84), including his recommendations, and the report on
                Children in Armed Conflict in the Sudan (S/2007/520) dated 29 August 2007, and
                recalling the conclusions endorsed by the Security Council Working Group on
                Children in Armed Conflict in Sudan (S/AC.51/2008/7),
                     Welcoming the important role of the African Union,
                     Welcoming the report of the Secretary-General of 13 July (S/2009/352) on the
                African Union-United Nations Hybrid Operation in Darfur (UNAMID),
                     Stressing the need for the Council to pursue a rigorous, strategic approach to
                peacekeeping deployments,
                      Expressing concern, two years after the adoption of resolution 1769 (2007), at
                the continued seriousness of the security situation and deterioration of the
                humanitarian situation in Darfur, and at the recurring attacks on the civilian
                population, reiterating its condemnation of all violations of human rights and
                international humanitarian law in Darfur, calling on all parties to comply with their
                obligations under international humanitarian and human rights law, emphasizing the

            * Reissued for technical reasons.

09-43393* (E)
*0943393*

S/RES/1881 (2009)

               need to bring to justice the perpetrators of such crimes and urging the Government
               of Sudan to comply with its obligations in this respect,
                    Reaffirming its concern over the negative affect of the ongoing violence in
               Darfur on the stability of Sudan as a whole as well as the region, noting with
               concern the negative effect of ongoing tensions between the Governments of Sudan
               and Chad, reiterating that a reduction in these tensions and rebel activity in both
               countries must be addressed to achieve long-term peace in Darfur and in the region,
               and encouraging Sudan and Chad to engage constructively with the Dakar Contact
               Group and the international community,
                     Expressing its strong commitment and determination to promote and support
               the political process in Darfur, and the efforts of the Chief Mediator, and deploring
               the fact that some groups continue to refuse to join the political process,
                    Determining that the situation in Sudan constitutes a threat to international
               peace and security,
                    1.    Decides to extend the mandate of UNAMID as set out in resolution 1769
               (2007) for a further 12 months to 31 July 2010;
                    2.     Underlines the need for UNAMID to make full use of its mandate and
               capabilities, particularly with regard to (a) the protection of civilians across Darfur,
               and (b) ensuring safe, timely and unhindered humanitarian access, the safety and
               security of humanitarian personnel and the protection of humanitarian convoys;
                     3.   Commends the contribution of troop- and police-contributing countries
               and donors to UNAMID; calls on United Nations Member States to pledge and
               contribute the remaining helicopter, aerial reconnaissance, ground transport, medical
               and logistical units and other force enablers required; underlines the need for
               capable battalions effectively able to carry out UNAMID’s mandated tasks; in this
               regard requests the continuing assistance of donors in ensuring battalions are
               suitably trained and equipped; and further requests UNAMID to examine how it
               could maximize the use of its capabilities in Darfur;
                     4.    Welcomes the improvement in the Government of Sudan’s cooperation
               with UNAMID, commends the credible work of the Tripartite Commission, calls on
               all parties in Darfur to remove all obstacles to the full and expeditious deployment
               of UNAMID and the proper discharge of its mandate, including by ensuring its
               security and freedom of movement; and in this regard calls on the Government of
               Sudan to comply with the Status of Forces Agreement fully and without delay,
               particularly the timely provision of visas for UNAMID personnel and of flight and
               equipment clearances;
                     5.   Reiterates its condemnation of previous attacks on UNAMID by armed
               groups; underlines that any attack or threat on UNAMID is unacceptable; demands
               that there be no recurrence of such attacks; and stresses the need to enhance the
               safety and security of UNAMID personnel;
                     6.   Stresses the importance of achievable and realistic targets against which
               the progress of United Nations peacekeeping operations can be measured; and in
               this regard requests the Secretary-General, following consultations with the African
               Union, to:

2                                                                                09-43393

                                                                                S/RES/1881 (2009)

                (a) submit, for the Council’s consideration, a strategic workplan containing
           benchmarks to measure and track progress being made by UNAMID in
           implementing its mandate,
                (b) include in his next report an assessment of progress made against these
           benchmarks, as well as consequent recommendations regarding UNAMID’s
           mandate and configuration, and
                 (c) report to the Council every 90 days thereafter on progress made towards
           implementing UNAMID’s mandate across Darfur, as well as on progress on the
           political process, on the security and humanitarian situation and on all parties
           compliance with their international obligations;
                 7.   Demands that all parties to the conflict in Darfur immediately end
           violence, attacks on civilians, peacekeepers and humanitarian personnel, and
           comply with their obligations under human rights and international humanitarian
           law; calls for an immediate cessation of hostilities and for all parties to commit
           themselves to a sustained and permanent ceasefire; requests the Secretary-General
           to consult with relevant parties with a view to developing a more effective ceasefire
           monitoring mechanism; and underlines the need for UNAMID to report on major
           instances of violence which undermines the parties’ full and constructive efforts
           towards peace;
                 8.    Reiterates there can be no military solution to the conflict in Darfur and
           that an inclusive political settlement and the successful deployment of UNAMID are
           essential to re-establishing peace; reaffirms its full support for the African
           Union/United Nations led political process for Darfur and the work of Joint Chief
           Mediator Mr. Djibrill Yipènè Bassolé; demands that all parties to the conflict,
           including all rebel groups, immediately engage fully and constructively in the peace
           process without preconditions, including by entering into talks under the mediation
           of Mr. Bassolé with a view to finalizing a Framework Agreement; welcomes the
           work of Qatar and Libya in this regard and the support of other countries in the
           region; calls on UNAMID to support the Joint Chief Mediator and the Joint
           Mediation Team; and underlines the need for the engagement of civil society,
           including women and women-led organizations, community groups and tribal
           leaders in order to create a conducive environment for peace and security through
           constructive and open dialogue;
                 9.   Calls on Sudan and Chad to abide by their obligations under the Doha
           Agreement of 3 May 2009, the Dakar Agreement of 13 March 2008, and previous
           bilateral agreements; and reaffirms the need for both countries to engage
           constructively with the Dakar Contact Group with a view to normalizing relations,
           ceasing support for armed groups, strengthening actions to combat armed trafficking
           in the region, the establishment of effective joint border monitoring, and
           cooperating through diplomatic means to establish peace and stability in Darfur and
           the wider region;
                10. Notes that conflict in one area of Sudan affects other areas of Sudan and
           the wider region; and urges UNAMID to coordinate closely with other United
           Nations missions in the region, including the United Nations Mission in Sudan
           (UNMIS) and the United Nations Mission in the Central African Republic and Chad
           (MINURCAT);

09-43393                                                                                3

S/RES/1881 (2009)

                     11. Requests UNAMID, consistent with its current capabilities and mandate,
               to assist and complement UNMIS efforts in preparing for credible national elections
               through the provision of advice and assistance where required;
                     12. Expresses its serious concern at the continued deterioration of the
               humanitarian situation in Darfur, calls for the full implementation of the
               Communiqué between the Government of Sudan and the United Nations on
               Facilitation of Humanitarian Activities in Darfur; and demands that the Government
               of Sudan, all militias, armed groups and all other stakeholders ensure the full, safe
               and unhindered access of humanitarian organizations and relief personnel and the
               delivery of humanitarian assistance to populations in need;
                    13. Demands that all parties to the conflict in Darfur create the conditions
               conducive to allowing the voluntary, safe, dignified and sustainable return of
               refugees and internally displaced persons;
                     14. Demands that the parties to the conflict immediately take appropriate
               measures to protect civilians, including women and children, from all forms of
               sexual violence, in line with resolution 1820 (2008); and requests the Secretary-General to develop a comprehensive strategy for providing protection to women and
               girls from sexual violence and gender-based violence and to ensure that the relevant
               provisions of resolutions 1325 (2000) and 1820 (2008) are implemented by
               UNAMID and to include information on this in his reporting to the Council;
                     15. Requests the Secretary-General to ensure (a) continued monitoring and
               reporting, as part of the reports referred to in paragraph 6 above, of the situation of
               children and (b) continued dialogue with the parties to the conflict towards the
               preparation of time bound action plans to end the recruitment and use of child
               soldiers and other violations of international humanitarian law against children;
                    16.   Decides to remain seized of the matter.

4                                                                                09-43393

Security Council resolution 1881 (2009) [on extension of the mandate of the African Union-United Nations Hybrid Operation in Darfur (UNAMID)]

Northern Africa|Sub-Saharan Africa|Western Asia

AU/UN Hybrid Operation in Darfur|UN Mission in Sudan|UN Mission in the Central African Republic and Chad|African Union|Joint African Union-UN Chief Mediator for Darfur|Darfur Peace Agreement (2006)|Doha Agreement (2009)|PEACEKEEPING OPERATIONS|HUMANITARIAN ASSISTANCE|INTERNAL SECURITY|DARFUR (SUDAN)|SUDAN|TROOP-CONTRIBUTING STATES|LOGISTICS|EQUIPMENT AND SUPPLIES|FREEDOM OF MOVEMENT|STAFF SECURITY|HUMAN RIGHTS|CIVILIAN PERSONS|CEASEFIRES|DISPUTE SETTLEMENT|MEDIATION|FOREIGN RELATIONS|CHAD|ILLICIT ARMS TRAFFICKING|COORDINATION WITHIN UN SYSTEM|ELECTIONS|RELIEF PERSONNEL|DISPLACED PERSONS|GENDER-BASED VIOLENCE|RIGHTS OF THE CHILD|WOMEN IN ARMED CONFLICTS|CHILDREN IN ARMED CONFLICTS

S/64 [160] SUDAN--POLITICAL CONDITIONS
S/64 [204] AU/UN HYBRID OPERATION IN DARFUR


               United Nations                                                                    S/RES/1882 (2009)
               Security Council                                                Distr.: General
                                                                               4 August 2009

               Resolution 1882 (2009)
               Adopted by the Security Council at its 6176th meeting, on
               4 August 2009

                    The Security Council,
                    Reaffirming its resolutions 1261 (1999) of 25 August 1999, 1314 (2000) of
               11 August 2000, 1379 (2001) of 20 November 2001, 1460 (2003) of 30 January
               2003, 1539 (2004) of 22 April 2004, and 1612 (2005) of 26 July 2005, and the
               Statements of its President on 24 July 2006 (S/PRST/2006/33), 28 November 2006
               (S/PRST/2006/48), 12 February 2008 (S/PRST/2008/6), 17 July 2008
               (S/PRST/2008/28) and 29 April 2009 (S/PRST/2009/9), which contribute to a
               comprehensive framework for addressing the protection of children affected by
               armed conflict,
                     Acknowledging that the implementation of its resolution 1612 (2005) has
               generated progress, resulting in the release and reintegration of children into their
               families and communities and in a more systematic dialogue between the United
               Nations country-level task forces and parties to the armed conflict on the
               implementation of time-bound action plans, while remaining deeply concerned over
               the lack of progress on the ground in some situations of concern, where parties to
               conflict continue to violate with impunity the relevant provisions of applicable
               international law relating to the rights and protection of children in armed conflict,
                     Stressing the primary role of national Governments in providing protection and
               relief to all children affected by armed conflicts,
                    Reiterating that all actions undertaken by United Nations entities within the
               framework of the monitoring and reporting mechanism must be designed to support
               and supplement, as appropriate, the protection and rehabilitation roles of national
               Governments,
                    Recalling the responsibilities of States to end impunity and to prosecute those
               responsible for genocide, crimes against humanity, war crimes and other egregious
               crimes perpetrated against children,
                    Welcoming the fact that several individuals who are alleged to have committed
               crimes against children in situations of armed conflict have been brought to justice
               by national justice systems and international justice mechanisms and mixed criminal
               courts and tribunals,

09-44214 (E)
*0944214*

S/RES/1882 (2009)

                    Convinced that the protection of children in armed conflict should be an
               important aspect of any comprehensive strategy to resolve conflict,
                     Calling on all parties to armed conflicts to comply strictly with the obligations
               applicable to them under international law for the protection of children in armed
               conflict, including those contained in the Convention on the Rights of the Child and
               its Optional Protocol on the involvement of Children in Armed Conflict, as well as
               the Geneva Conventions of 12th August 1949 and their Additional Protocols of
               1977,
                    Reiterating its primary responsibility for the maintenance of international
               peace and security and, in this connection, its commitment to address the
               widespread impact of armed conflict on children,
                     Stressing its determination to ensure respect for its resolutions and other
               international obligations and applicable norms on the protection of children affected
               by armed conflict,
                     Having considered the report of the Secretary-General of 26 March 2009
               (S/2009/158) and stressing that the present resolution does not seek to make any
               legal determination as to whether situations which are referred to in the Secretary-General’s report are or are not armed conflicts within the context of the Geneva
               Conventions and the Additional Protocols thereto, nor does it prejudge the legal
               status of the non-State parties involved in these situations,
                     Deeply concerned that children continue to account for a considerable number
               of casualties resulting from killing and maiming in armed conflicts including as a
               result of deliberate targeting, indiscriminate and excessive use of force,
               indiscriminate use of landmines, cluster munitions and other weapons and use of
               children as human shields and equally deeply concerned about the high incidence
               and appalling levels of brutality of rape and other forms of sexual violence
               committed against children, in the context of and associated with armed conflict
               including the use or commissioning of rape and other forms of sexual violence in
               some situations as a tactic of war,
                     1.   Strongly condemns all violations of applicable international law
               involving the recruitment and use of children by parties to armed conflict as well as
               their re-recruitment, killing and maiming, rape and other sexual violence,
               abductions, attacks against schools or hospitals and denial of humanitarian access by
               parties to armed conflict and all other violations of international law committed
               against children in situations of armed conflict;
                    2.   Reaffirms that the monitoring and reporting mechanism will continue to
               be implemented in situations listed in the annexes to the reports of the Secretary-General on children and armed conflict in line with the principles set out in
               paragraph 2 of its resolution 1612 (2005) and that its establishment and
               implementation shall not prejudge or imply a decision by the Security Council as to
               whether or not to include a situation on its agenda;
                    3.    Recalls paragraph 16 of its resolution 1379 (2001) and requests the
               Secretary-General also to include in the annexes to his reports on children and
               armed conflict those parties to armed conflict that engage, in contravention of
               applicable international law, in patterns of killing and maiming of children and/or
               rape and other sexual violence against children, in situations of armed conflict,

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           bearing in mind all other violations and abuses against children, and notes that the
           present paragraph will apply to situations in accordance with the conditions set out
           in paragraph 16 of its resolution 1379 (2001);
                 4.   Invites the Secretary-General through his Special Representative for
           Children and Armed Conflict to exchange appropriate information and maintain
           interaction from the earliest opportunity with the governments concerned regarding
           violations and abuses committed against children by parties which may be included
           in the annexes to his periodic report;
                 5.   While noting that some parties to armed conflict have responded to its
           call upon them to prepare and implement concrete time-bound action plans to halt
           recruitment and use of children in violation of applicable international law;
                 (a) Reiterates its call on parties to armed conflict listed in the annexes of the
           Secretary-General’s report on children and armed conflict that have not already
           done so to prepare and implement, without further delay, action plans to halt
           recruitment and use of children in violation of applicable international law;
                 (b) Calls upon those parties listed in the annexes of the Secretary-General’s
           report on children and armed conflict that commit, in contravention of applicable
           international law, killing and maiming of children and/or rape and other sexual
           violence against children, in situations of armed conflict, to prepare concrete timebound action plans to halt those violations and abuses;
                (c) Further calls upon all parties listed in the annexes to the Secretary-General’s report on children and armed conflict to address all other violations and
           abuses committed against children and undertake specific commitments and
           measures in this regard;
                (d) Urges those parties listed in the annexes of the Secretary-General’s report
           on children and armed conflict to implement the provisions contained in this
           paragraph in close cooperation with the Special Representative of the Secretary-General for Children and Armed Conflict and the United Nations country-level task
           forces on monitoring and reporting;
                 6.    In this context, encourages Member States to devise ways, in close
           consultations with the United Nations country-level task force on monitoring and
           reporting and United Nations country teams, to facilitate the development and
           implementation of time-bound action plans, and the review and monitoring by the
           United Nations country-level task force of obligations and commitments relating to
           the protection of children in armed conflict;
                 7.   Reiterates its determination to ensure respect for its resolutions on
           children and armed conflict, and in this regard:
                (a) Welcomes the sustained activity and recommendations of its Working
           Group on Children and Armed Conflict as called for in paragraph 8 of its resolution
           1612 (2005), and invites it to continue reporting regularly to the Security Council;
                 (b) Requests enhanced communication between the Working Group and
           relevant Security Council Sanctions Committees, including through the exchange of
           pertinent information on violations and abuses committed against children in armed
           conflict;

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                     (c) Reaffirms its intention to take action against persistent perpetrators in
               line with paragraph 9 of its resolution 1612 (2005);
                    8.    Stresses the responsibility of the United Nations country-level task forces
               on monitoring and reporting and United Nations country teams, consistent with their
               respective mandates, to ensure effective follow-up to Security Council resolutions
               on children and armed conflict, to monitor and report progress to the Secretary-General in close cooperation with his Special Representative for Children and
               Armed Conflict and ensure a coordinated response to issues related to children and
               armed conflict;
                    9.   Requests the Secretary-General to include more systematically in his
               reports on children and armed conflict specific information regarding the
               implementation of the Working Group recommendations;
                     10. Reiterates its request to the Secretary-General to ensure that, in all his
               reports on country-specific situations, the matter of children and armed conflict is
               included as a specific aspect of the report, and expresses its intention to give its full
               attention to the information provided therein, including the implementation of
               relevant Security Council resolutions and of the recommendations of its Working
               Group on Children and Armed Conflict, when dealing with those situations on its
               agenda;
                     11. Welcomes the efforts of the Department of Peacekeeping Operations in
               mainstreaming child protection into peacekeeping missions, in line with that
               Department’s recently adopted Child Protection Policy directive, and encourages the
               deployment of Child Protection Advisers to peacekeeping operations, as well as into
               relevant peacebuilding and political missions, and decides to continue the inclusion
               of specific provisions for the protection of children in such mandates;
                     12. Requests Member States, United Nations peacekeeping, peacebuilding
               and political missions and United Nations country teams, within their respective
               mandates and in close cooperation with governments of the concerned countries, to
               establish appropriate strategies and coordination mechanisms for information
               exchange and cooperation on child protection concerns, in particular cross-border
               issues, bearing in mind relevant conclusions by the Security Council Working Group
               on Children and Armed Conflict and paragraph 2 (d) of its resolution 1612 (2005);
                    13. Stresses that effective disarmament, demobilization and reintegration
               programmes for children, building on best practices identified by UNICEF and other
               relevant child protection actors, are crucial for the well-being of all children who, in
               contravention of applicable international law, have been recruited or used by armed
               forces and groups, and are a critical factor for durable peace and security, and urges
               national Governments and donors to ensure that these community-based
               programmes receive timely, sustained and adequate resources and funding;
                     14. Also stresses the importance of timely, sustained and adequate resources
               and funding for effective welfare programmes for all children affected by armed
               conflict;
                     15. Calls upon Member States, United Nations entities, including the
               Peacebuilding Commission and other parties concerned to ensure that the protection,
               rights, well-being and empowerment of children affected by armed conflict are
               integrated into all peace processes and that post-conflict recovery and reconstruction

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           planning, programmes and strategies prioritize issues concerning children affected
           by armed conflict;
                 16. Calls upon concerned Member States to take decisive and immediate
           action against persistent perpetrators of violations and abuses committed against
           children in situations of armed conflict, and further calls upon them to bring to
           justice those responsible for such violations that are prohibited under applicable
           international law, including with regard to recruitment and use of children, killing
           and maiming and rape and other sexual violence, through national justice systems,
           and where applicable, international justice mechanisms and mixed criminal courts
           and tribunals, with a view to ending impunity for those committing crimes against
           children;
                 17. Requests the Secretary-General to continue to take the necessary
           measures including, where applicable, to bring the monitoring and reporting
           mechanism to its full capacity, to allow for prompt advocacy and effective response
           to all violations and abuses committed against children and to ensure that
           information collected and communicated by the mechanism is accurate, objective,
           reliable and verifiable;
                18. Requests the Secretary-General to provide administrative and substantive
           support for the Security Council Working Group on Children and Armed Conflict
           taking into consideration its current workload and the need to strengthen its
           capacities and institutional memory;
                 19. Requests the Secretary-General to submit a report by May 2010 on the
           implementation of its resolutions and presidential statements on children and armed
           conflict, including the present resolution, which would include, inter alia:
                 (a) Annexed lists of parties in situations of armed conflict on the agenda of
           the Security Council or in other situations of concern, in accordance with paragraph 3
           of the present resolution;
                (b) Information on measures undertaken by parties listed in the annexes to
           end all violations and abuses committed against children in armed conflict;
                (c) Information of progress made in the implementation of the monitoring
           and reporting mechanism established in its resolution 1612 (2005);
                 (d) Information on the criteria and procedures used for listing and de-listing
           parties to armed conflict in the annexes to his periodic reports, bearing in mind the
           views expressed by all the members of the Working Group during informal briefings
           to be held before the end of 2009;
                20.   Decides to remain actively seized of this matter.

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Security Council resolution 1882 (2009) [on children and armed conflict]

UN. Special Representative of the Secretary-General for Children and Armed Conflict|UN. Security Council. Working Group on Children and Armed Conflict|UN. Department of Peacekeeping Operations|UNICEF|UN. Peacebuilding Commission|CHILDREN IN ARMED CONFLICTS|HUMAN RIGHTS IN ARMED CONFLICTS|RIGHTS OF THE CHILD|CHILD SOLDIERS|CHILD WELFARE|INTERNATIONAL LAW|PROGRAMMES OF ACTION|HOMICIDE|RAPE|GENDER-BASED VIOLENCE|CHILDREN|CHILD ABUSE|HUMAN RIGHTS VIOLATIONS|INFORMATION EXCHANGE|CAPACITY BUILDING|TASK FORCES|FIELD OFFICES|DISARMAMENT|MILITARY DEMOBILIZATION|REINTEGRATION|CHILD WELFARE|FINANCING|ADMINISTRATION OF JUSTICE|CRIMES AGAINST HUMANITY|HUMAN RIGHTS MONITORING|REPORTING PROCEDURES