               United Nations                                                                  S/RES/2036 (2012)
               Security Council                                                Distr.: General
                                                                               22 February 2012

               Resolution 2036 (2012)
               Adopted by the Security Council at its 6718th meeting, on
               22 February 2012

                    The Security Council,
                     Recalling all previous resolutions on the situation in Somalia, in particular
               resolution 2010 (2011), as well as other relevant Presidential Statements and
               resolutions on protection of civilians in armed conflict, women and peace and
               security, and children and armed conflict,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia, and reiterating its commitment to a
               comprehensive and lasting settlement of the situation in Somalia,
                     Reiterating its full support for the Djibouti Peace Process and the Transitional
               Federal Charter which provide the framework for reaching a lasting political
               solution in Somalia, reiterating its support for the Kampala Accord and the
               Roadmap to End the Transition (the “Roadmap”), and stressing the need for
               reconciliation, dialogue and broad-based, inclusive and representative Somali
               institutions,
                     Stressing the primary responsibility of the Transitional Federal Institutions to
               implement the Roadmap, welcoming the progress to date, including the commitment
               shown by the Garowe Principles, but expressing concern that many of the deadlines
               for the completion of the tasks in the Roadmap have been missed which may delay
               the full implementation of the Roadmap,
                     Urging the Transitional Federal Institutions and all Roadmap signatories to
               redouble their efforts to fully implement the Roadmap with the support of United
               Nations Political Office for Somalia (UNPOS) and the international community, and
               noting that future support to the Transitional Federal Institutions for the remainder
               of the transitional period, would be contingent upon progress in completing the
               tasks in the Roadmap,
                     Stressing the need for the Transitional Federal Government, with the support
               of the African Union Mission to Somalia (AMISOM), and as a matter of urgency, to
               build an enhanced level of security in areas secured by AMISOM and the Somali
               security forces, and to build sustainable administrative structures in these areas,

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                     Noting that the transitional period in Somalia will end on 20 August 2012,
               emphasising that any further extension of the transitional period would be untenable
               and calling upon Somali parties to agree inclusive and representative posttransitional arrangements, in line with the Djibouti Agreement,
                     Stressing the need for further efforts to fight corruption, promote transparency
               and increase mutual accountability in Somalia, and in this regard welcoming
               initiatives aimed at the more transparent and accountable management of Somali
               assets and internal and external financial resources to maximise public revenues for
               the benefit of the Somali people,
                     Stressing the need for a comprehensive strategy in Somalia to address the
               political, economic, humanitarian and security problems in Somalia and the problem
               of piracy, including hostage taking, off the coast of Somalia through the
               collaborative efforts of all stakeholders, reiterating their full support to the
               Secretary-General and his Special Representative, Augustine P. Mahiga in this
               regard, and for their work with the African Union and international and regional
               partners,
                     Recognising that peace and stability in Somalia depend on reconciliation and
               effective governance across the whole of Somalia and urging all Somali parties to
               renounce violence and to work together to build peace and stability,
                     Welcoming the London Conference on Somalia, to be held on 23 February
               2012, where coordinated international action to address the political, security,
               justice, stability, and piracy problems in Somalia, as well as humanitarian issues,
               will be further enhanced, and welcoming the upcoming Istanbul Conference on
               Somalia,
                    Expressing grave concern at the dire humanitarian situation in Somalia, and its
               impact on the people of Somalia, in particular on women and children, and calling
               on all parties to ensure full and unhindered access for the timely delivery of
               humanitarian aid to persons in need of assistance across Somalia, consistent with
               humanitarian, human rights and refugee law,
                     Reiterating its condemnation of all attacks on the Transitional Federal
               Government, the African Union Mission in Somalia (AMISOM), United Nations
               personnel and facilities, and the civilian population by armed opposition groups, and
               foreign fighters, particularly Al Shabaab, and stressing that Somali armed
               opposition groups and foreign fighters, particularly Al Shabaab, constitute a terrorist
               threat to Somalia, and the international community,
                     Noting the announcement that Al Shabaab has joined Al Qaeda, stressing that
               there should be no place for terrorism or violent extremism in Somalia and
               reiterating its call upon all opposition groups to lay down their arms,
                    Commending the contribution of AMISOM to lasting peace and stability in
               Somalia and efforts to bring stability and security to Mogadishu, expressing its
               appreciation for the continued commitment of troops and equipment to AMISOM by
               the Governments of Burundi and Uganda, and for the newly deployed troops from
               the Government of Djibouti and recognising the significant sacrifices made by
               AMISOM forces,
                    Welcoming the willingness of the Government of Kenya for Kenyan forces to
               be incorporated into AMISOM and so to contribute to the implementation of

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           AMISOM’s mandate as set out in paragraph 9 of resolution 1772 (2007) and this
           resolution, stressing the importance of the prompt deployment of new AMISOM
           forces to reach its mandated level, and calling on other African Union Member
           States to consider contributing troops and provide support to AMISOM,
                Welcoming the work of the joint African Union and United Nations Technical
           Assessment Mission on AMISOM, noting the agreement by the African Union Peace
           and Security Council on a AMISOM Strategic Concept of 5 January 2012, and
           welcoming the Secretary-General’s Special Report on Somalia (S/2012/74),
                 Recalling its authorisation in paragraph 1 of resolution 2010 (2011) that the
           Member States of the African Union maintain the deployment of AMISOM until
           31 October 2012, and that AMISOM is authorised to take all necessary measures to
           carry out its existing mandate as set out in paragraph 9 of resolution 1772 (2007),
                Recalling paragraph 5 of resolution 2010 (2011) and noting its intention to
           review the force level of AMISOM when the mission reaches its mandated level of
           12,000,
                Expressing concern that charcoal exports from Somalia are a significant
           revenue source for Al Shabaab and also exacerbate the humanitarian crisis,
                 Recalling its resolutions 1950 (2010), 1976 (2011), and 2020 (2011)
           expressing its grave concern at the threat posed by piracy and armed robbery off the
           coast of Somalia, recognising that the ongoing instability in Somalia contributes to
           the problem of piracy and armed robbery at sea off the coast of Somalia, stressing
           the need for a comprehensive response to tackle piracy, and hostage taking, and its
           underlying causes by the international community and the Transitional Federal
           Institutions and welcoming the efforts of the Contact Group for Piracy off the Coast
           of Somalia, States and international and regional organisations,
                Stressing the need to investigate, prosecute, and to imprison when duly
           convicted pirates and those who illicitly finance, plan, organise, or unlawfully profit
           from pirate attacks,
                 Welcoming the relocation of the Secretary-General’s Special Representative to
           Somalia and an UNPOS office to Mogadishu and encouraging the United Nations to
           take further steps to achieve a more permanent and full relocation to Somalia, in
           particular Mogadishu, consistent with the security conditions, as outlined in the
           Secretary-General’s reports (S/2010/447) and (S/2009/210),
                 Determining that the situation in Somalia continues to constitute a threat to
           international peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,
                 1.    Decides that in addition to the tasks set out in paragraph 9 of resolution
           1772 (2007) AMISOM shall include establishing a presence in the four sectors set
           out in the AMISOM strategic Concept of 5 January, and AMISOM shall be
           authorised to take all necessary measures as appropriate in those sectors in
           coordination with the Somali security forces to reduce the threat posed by
           Al Shabaab and other armed opposition groups in order to establish conditions for
           effective and legitimate governance across Somalia, further decides that AMISOM
           shall act in compliance with applicable international humanitarian and human rights

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               law, in performance of this mandate and in full respect of the sovereignty, territorial
               integrity, political independence and unity of Somalia;
                    2.    Requests the African Union to increase AMISOM’s force strength from
               12,000 to a maximum of 17,731 uniformed personnel, comprised of troops and
               personnel of formed police units;
                     3.   Reiterates that regional organisations have the responsibility to secure
               human, financial, logistical and other resources for the work of their organisations,
               including through contributions by their members and support from partners,
               welcomes the valuable financial support provided by the African Union’s partners to
               AMISOM, including through bilateral support programmes and the African Peace
               Facility of the European Union, and calls upon all partners, in particular new
               donors, to support AMISOM through the provision of equipment, technical
               assistance, funding for troop stipends, and uncaveated funding to AMISOM to the
               United Nations Trust Fund for AMISOM;
                     4.   Decides to expand the logistical support package for AMISOM, referred
               to in paragraphs 10 and 11 of resolution 2010 (2011), and as described in the
               Secretary-General’s letters (S/2009/60 and S/2011/591) to the President of the
               Security Council, from a maximum of 12,000 uniformed personnel to a maximum of
               17,731 uniformed personnel, until 31 October 2012, ensuring the accountability and
               transparency of expenditure of United Nations funds as set out in paragraph 4 of
               resolution 1910 (2010);
                     5.   Recalls its request to the Secretary-General in paragraphs 10 and 12 of
               resolution 1863 (2009) related to transparency and proper accountability for
               resources provided to AMISOM, and requests that equal attention to resource
               transparency, accountability, and internal controls be applied to the additional UN
               support measures authorised to be provided to AMISOM and its troop contributing
               countries in this resolution and the annex of this resolution;
                     6.    Decides on an exceptional basis and owing to the unique character of the
               mission, to expand the logistical support package for AMISOM to include the
               reimbursement of contingent owned equipment including force enablers and
               multipliers as described in paragraphs 28 through 36 and 43 of the Secretary-General’s Special Report on Somalia (S/2012/74) and as set out in the annex to this
               resolution;
                     7.    Stresses the importance of stabilising areas secured by AMISOM and the
               Somali security forces, calls upon all Somali stakeholders, with the support of the
               UN, the African Union and the international community, to promote reconciliation,
               law and order, the delivery of basic services and strengthen governance at district,
               regional, state and federal levels, including by supporting the delivery of
               Stabilisation Plans developed by Intergovernmental Authority on Development
               (IGAD) and the Transitional Federal Government;
                    8.    Requests the Secretary-General to continue to provide technical and
               expert advice to the African Union in the planning, deployment and management of
               AMISOM, through the United Nations Office to the African Union, including on the
               implementation of the AMISOM Strategic Concept and the AMISOM Concept of
               Operations;

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                 9.   Reiterates its request to the United Nations to work with the African
           Union to develop a guard force of an appropriate size, within AMISOM’s mandated
           troop levels, to provide security, escort and protection services to personnel from the
           international community, including the United Nations, as appropriate and without
           further delay;
                 10. Welcomes the intention of new troop contributing countries to contribute
           to AMISOM and stresses that all new troops shall be integrated fully into the
           AMISOM command and control structures, and shall operate in accordance with
           AMISOM’s mandate as set out in paragraph 9 of resolution 1772 (2007) and this
           resolution;
                 11. Stresses that coordinated action by all contributors is critical for the
           peace, security and stability of Somalia and the region, and calls on other African
           Union Member States to consider contributing troops to AMISOM in order to help
           create the conditions when Somalia can be responsible for its own security;
                 12. Recognizes the importance of strengthening the capacity of regional and
           sub-regional organizations in conflict prevention, crisis management and postconflict stabilization, and calls upon the African Union and donors to continue to
           work together to further enhance the effectiveness of African peacekeeping;
                13.   Recalls paragraph 13 of resolution 2010 (2011);
                14. Emphasises that the development of the Somali security forces is vital to
           ensure Somalia’s long term security and stability, requests AMISOM to continue to
           expand its efforts to help develop the capacity and effectiveness of the Somali
           security forces, urges Member States, regional, and international organisations to
           work with in coordination with AMISOM to provide coordinated assistance, training
           and support and welcomes in this regard the training of Somalia security forces
           through the bilateral support programmes of Member States and the European Union
           Training Mission for Somalia (EUTM);
                 15. Notes the important role an effective police presence can play in the
           stabilisation of Mogadishu, stresses the need to continue to develop an effective
           Somali police force and welcomes the desire of the African Union to develop an
           operational police component within AMISOM;
                16. Demands that all parties and armed groups take appropriate steps to
           ensure the safety and security of humanitarian personnel and supplies, and further
           demands that all parties ensure full and unhindered access for the timely delivery of
           humanitarian aid to persons in need of assistance across Somalia, consistent with
           humanitarian, human rights and refugee law;
                 17. Recalling its resolutions 1674 (2006), 1738 (2006) and 1894 (2009) on
           the protection of civilians in armed conflict, welcomes the progress made by
           AMISOM in reducing civilian casualties during its operations, urges AMISOM to
           continue to undertake enhanced efforts in this regard, commends AMISOM’s
           commitment to establish a Civilian Casualty Tracking, Analysis and Response Cell
           (CCTARC), as referenced in the Secretary-General’s Report on Somalia
           (S/2011/759) of 9 December 2011, and calls on international donors and partners to
           further support the establishment of a CCTARC;

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                     18. Welcomes the endorsement by AMISOM of the 2011 indirect fire policy
               and encourages AMISOM to adapt and implement this policy for all new troops and
               assets;
                    19. Recalls the Council’s decision in resolution 1844 (2008) and welcomes
               the determination by the international community, including the African Union, to
               take measures against both internal and external actors engaged in actions aimed at
               undermining the peace and reconciliation process in Somalia, including the
               Roadmap, as well as the efforts of AMISOM and the Somali security forces;
                    20. Underlines its intention to keep the situation on the ground under review
               and to take into account in its future decisions progress by AMISOM in meeting the
               following objectives:
                     (a) Consolidation of security and stability throughout south central Somalia,
               including key towns, by the Somali security forces and AMISOM, on the basis of
               clear military objectives integrated into a political strategy;
                   (b) Effective regional coordination and cooperation on security issues by
               AMISOM;
                     (c) Assistance in the development of effective Somali security forces, with
               integrated units under a clear command and control structure and in coordination
               with the international community;
                     21. Requests the African Union to keep the Security Council regularly
               informed, through the Secretary-General, on the implementation of AMISOM’s
               mandate, including on the implementation of paragraphs 1 and 2 in this resolution
               and on the new command and control structure and integration of forces under this
               structure and report to the Council, through the provision of written reports, no later
               than 30 days after the adoption of this resolution and every 60 days thereafter;
                     22. Decides that Somali authorities shall take the necessary measures to
               prevent the export of charcoal from Somalia and that all Member States shall take
               the necessary measures to prevent the direct or indirect import of charcoal from
               Somalia, whether or not such charcoal originated in Somalia; further decides that all
               Member States shall report to the Security Council Committee established pursuant
               to resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea (“the
               Committee”) within 120 days of the adoption of this resolution on the steps they
               have taken towards effective implementation of this paragraph; and requests the
               Monitoring Group re-established pursuant to resolution 2002 (2011) to assess the
               impact of the charcoal ban in its Final Report;
                     23. Decides that the mandate of the Committee shall apply to the measures in
               paragraph 22 above; decides that the Monitoring Group’s mandate shall likewise be
               expanded; and considers that such commerce may pose a threat to the peace,
               security, or stability of Somalia, and therefore that the Committee may designate
               individuals and entities engaged in such commerce as subject to the targeted
               measures established by resolution 1844 (2008);
                    24.   Decides to remain actively seized of the matter.

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           Annex
                 In accordance with paragraph 6 of this resolution, on an exceptional basis and
           due to the unique character of AMISOM, the UN logistical support package for
           AMISOM shall be extended for a maximum of 17,731 uniformed personnel and 20
           AMISOM civilian personnel based in AMISOM headquarters until 31 October 2012,
           in line with the recommendation in paragraphs 29 and 43 of the Secretary-General’s
           Special Report on Somalia (S/2012/74), which includes the provision of explosive
           threat management capacity, level II medical facilities and the reimbursement of
           contingent owned equipment (COE).
                Eligible COE will include standard enablers and multipliers within the land
           component, and an aviation component of up to a maximum of 9 utility helicopters
           and 3 attack helicopters.
                 COE reimbursement should conform to UN rates and practices, including the
           direct transfer of funds to troop contributing countries (TCCs) as appropriate, and
           periodic reviews to ensure full operational capability. Letters of Assist (LOAs)
           should be negotiated with TCCs for equipment not covered under the UN COE
           framework including the aviation specified above.
                 As noted in paragraph 29 of the Secretary-General’s Special Report on
           Somalia (S/2012/74), only equipment deployed by the TCCs and considered owned
           by TCCs should be reimbursed. Equipment gifted or donated to TCCs, AMISOM,
           the African Union or where the ownership still remains with the donor are not
           eligible for reimbursement.

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Security Council resolution 2036 (2012) [on addition of tasks to and expansion of the logistical support package for the African Union Mission in Somalia (AMISOM) until 31 Oct. 2012]

African Union Mission in Somalia|African Union Mission in Somalia > Terms of reference|African Union|UN Trust Fund for the African Union Mission to Somalia|Somalia. Transitional Federal Government|Intergovernmental Authority on Development|UN. Office to the African Union|UN. Security Council Committee Established pursuant to Resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea > Terms of reference|UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009) > Terms of reference|Charter of the United Nations (1945). Chapter VII|PEACEBUILDING|INTERNAL SECURITY|PEACEKEEPING OPERATIONS|SOMALIA|SOMALIA SITUATION|MILITARY PERSONNEL|POLICE|INTERNATIONAL HUMANITARIAN LAW|LOGISTICS|SUPPORT SERVICES|ACCOUNTABILITY|REIMBURSEMENT|ADVISORY SERVICES|STAFF SECURITY|TROOP-CONTRIBUTING STATES|TRAINING PROGRAMMES|HUMANITARIAN ASSISTANCE|HUMAN RIGHTS IN ARMED CONFLICTS|COMMAND AND CONTROL SYSTEMS|CHARCOAL|SANCTIONS COMPLIANCE


               United Nations                                                                   S/RES/2037 (2012)
               Security Council                                               Distr.: General

                                                                              23 February 2012

               Resolution 2037 (2012)
               Adopted by the Security Council at its 6721st meeting, on
               23 February 2012

                    The Security Council,
                    Reaffirming all its previous resolutions and statements on the situation in
               Timor-Leste, in particular its resolutions 1599 (2005), 1677 (2006), 1690 (2006),
               1703 (2006), 1704 (2006), 1745 (2007), 1802 (2008), 1867 (2009), 1912 (2010) and
               1969 (2011),
                    Welcoming the report of the Secretary-General of 18 January 2012
               (S/2012/43),
                     Reaffirming its full commitment to the sovereignty, independence, territorial
               integrity and national unity of Timor-Leste and the promotion of long-term stability
               in the country,
                     Taking note of general stability through further improvements in the political
               and security situation, and welcoming the strong commitment of the leadership and
               other stakeholders in Timor-Leste to fostering national dialogue and peaceful and
               inclusive participation in democratic processes, and their ongoing efforts to promote
               continued peace, stability and unity,
                     Stressing the importance for Timor-Leste’s long-term stability of ensuring a
               peaceful, credible and transparent electoral process in 2012, and encouraged by the
               steady progress made in the preparation of the presidential and parliamentary
               elections, notably by political leaders’ commitment to peace and stability during the
               electoral process, and by the ongoing efforts by the electoral management bodies to
               increase women and youth participation in the electoral process,
                    Noting with appreciation the work of the High-Level Committee on Transition,
               welcoming the Joint Transition Plan of 19 September 2011 signed between the
               Government of Timor-Leste and UNMIT, and looking forward to its effective
               implementation,
                     Reaffirming the need for respect for the independence of the judiciary,
               stressing the need to act against impunity, while noting the continuing serious
               resource constraints of the judicial system and the Government’s efforts to address
               these challenges, encouraging the leadership of Timor-Leste to continue to increase
               its efforts to establish accountability for serious criminal offences including those

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               committed during the 2006 crisis, as recommended by the Independent Special
               Commission of Inquiry,
                     Encouraging further progress in finalizing the draft laws on reparations and on
               the establishment of follow-on institutions to the Commission for Reception, Truth
               and Reconciliation and the Commission of Truth and Friendship, pursuant to the
               resolution of the Parliament of Timor-Leste adopted on 14 December 2009,
                    Welcoming the further progress made in strengthening capacities in the justice
               and corrections sectors, which has resulted in enhanced access to justice, reductions
               in pending criminal prosecution cases, and improved prison infrastructure,
                     Recognizing the steps taken by the Government of Timor-Leste to further
               strengthen the institutional capacities and effectiveness of the Anti-Corruption
               Commission and the Civil Service Commission and to consolidate broad support for
               anti-corruption measures, welcoming the approval of the Law on Preventing and
               Combating Money Laundering and Financing of Terrorism and emphasizing the
               importance of effective laws, institutions, mechanisms and norms relating to the
               transparency, accountability and efficiency of Public Administration for the
               country’s long-term stability and development, and encouraging in this regard
               implementation of the law establishing the Audit Chamber of the High
               Administrative, Tax and Audit Court,
                     Welcoming the full resumption of primary policing responsibilities by the
               Polícia Nacional de Timor-Leste (PNTL), the ongoing implementation of the PNTL-UNMIT Police Joint Development Plan and the continued focus by the PNTL on
               operational capacity, with technical advice from UNMIT police, in preparation of
               the coming electoral process and final certification of the PNTL’s reconstitution, and
               noting the continuing need for support to the PNTL’s further institutional
               development and capacity-building,
                     Expressing its full support for the role of the international security forces in
               assisting the Government of Timor-Leste and UNMIT, in the maintenance of law
               and stability, in response to the requests of the Government of Timor-Leste,
                    Welcoming the enhancement of the capability of the Falintil-Forças de Defesa
               de Timor-Leste (F-FDTL), including the deployment of personnel in United Nations
               peacekeeping Missions such as UNIFIL and UNMISS,
                     Welcoming the progress of the Government of Timor-Leste in achieving strong
               economic growth and socio-economic development, including reductions in the
               percentage of the population living in poverty and the improvement of human
               development indicators, while acknowledging the challenges that remain in
               achieving inclusive and sustainable growth, particularly through the promotion of
               rural development, the private sector, and employment generation, especially for the
               youth, and by regulating land and property titles and ownership,
                    Further welcoming the adoption by the Government of Timor-Leste of the
               National Strategic Development Plan covering the period from 2011 to 2030,
                     Recalling that, while Timor-Leste has progressed in many aspects of its
               political, economic and social development, as well as in human resources
               development and institution-building, the country still faces many challenges and
               needs continued assistance of bilateral and multilateral partners in order to fully
               realize its potential for equitable and inclusive sustainable growth,

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                                                                                S/RES/2037 (2012)

                 Acknowledging the contribution that Timor-Leste has made in demonstrating
           the critical importance of institution-building and aid effectiveness in post conflict
           peacebuilding, including through its work in the g7+,
                 Welcoming also the commitment and action of the Government of Timor-Leste
           to promote the objectives of Security Council resolution 1325 (2000), including
           measures taken to protect women and girls from gender based violence, especially
           those related to the implementation of the Law Against Domestic Violence, and the
           work of the PNTL Vulnerable Persons Units, as well as the Government’s
           commitment to women’s participation in the political sphere in the upcoming
           elections and other measures relating to the situation of women and girls,
               Welcoming the positive engagement and constructive response by the
           Government of Timor-Leste following the review of its National Report through the
           Human Rights Council’s Universal Periodic Review mechanism,
                 Recognizing the important contribution of UNMIT in promoting peace,
           stability and development in Timor-Leste, and expressing its appreciation for the
           efforts of UNMIT and the United Nations Country Team, under the leadership of the
           Special Representative of the Secretary-General (SRSG),
                1.     Decides to extend the mandate of UNMIT until 31 December 2012 at the
           current authorized levels and endorses the plan of its phased drawdown, in
           accordance with the wishes of the Government of Timor-Leste, conditions on the
           ground and following the successful completion of the 2012 electoral process, as
           recommended in paragraph 65 of the report of the Secretary-General (S/2012/43)
           and as reflected in the Joint Transition Plan;
                 2.   Urges all parties in Timor-Leste, in particular political leaders, to
           continue to work together and engage in political dialogue and to consolidate peace,
           democracy, rule of law, sustainable social and economic development, promotion of
           protection of human rights and advancement of national reconciliation in the
           country, and reaffirms its full support for the continued efforts of the SRSG in
           promoting a culture of democratic governance, through an inclusive and
           collaborative processes;
                 3.  Requests UNMIT to continue to extend the necessary support, within its
           current mandate, for the preparation and implementation of the presidential and
           parliamentary elections, as requested by the Government of Timor-Leste, and calls
           upon the international community to provide assistance in this process including
           through sending election observers and volunteers as requested by the Government
           of Timor-Leste;
                 4.   Reaffirms the importance that the Government of Timor-Leste continues
           the review and reform of the security sector in Timor-Leste, in particular the need to
           delineate between the roles and responsibilities of the F-FDTL and the PNTL, to
           strengthen legal frameworks, and to enhance civilian oversight and accountability
           mechanisms of both security institutions, supports the efforts of the SRSG to
           promote Security Sector professionalization and requests UNMIT to continue to
           support the Government of Timor-Leste, as requested, in its efforts in the country;
                 5.    Emphasizes the importance of taking all measures necessary to ensure the
           credibility and integrity of the PNTL, and notes the Government’s efforts towards
           resolving the outstanding disciplinary and criminal charges faced by PNTL officers;

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                    6.    Encourages efforts towards the full reconstitution of the PNTL pursuant
               to the exchange of letters between the Government of Timor-Leste and UNMIT,
               including through jointly agreed measures to enhance PNTL institutional capacity;
                     7.    Requests UNMIT to provide operational support to the PNTL, in
               particular for the electoral process, within its current mandate, as mutually agreed
               between the Government of Timor-Leste and UNMIT;
                    8.    Requests UNMIT to support the further institutional development and
               capacity-building of the PNTL pursuant to the PNTL-UNMIT Police Joint
               Development Plan, appeals to all countries concerned to approve requests for the
               extension of deployment of police officers serving in key UNMIT positions, and
               emphasizes the significant role to be played in this by other bilateral and multilateral
               partners and the importance of promoting Timorese leadership;
                    9.    Underscores the need for the concept of operations and rules of
               engagement to be regularly updated as necessary and to be fully in line with the
               provisions of this resolution;
                     10. Reaffirms the importance of ongoing efforts to achieve accountability and
               justice, expresses its support for the work of UNMIT in assisting the Government of
               Timor-Leste in this regard within its mandate, as well as for the initiatives to
               strengthen the Office of the Provedor for Human Rights and Justice, and underlines
               the importance of the implementation by the Government of Timor-Leste of the
               recommendations of the United Nations Special Commission of Inquiry report of
               2006 (S/2006/822), including paragraphs 225 through 228 of the report;
                    11. Underlines the importance of a coordinated approach to the justice sector
               reform, taking into account the recommendations of the Independent
               Comprehensive Needs Assessment and through implementation of the Timorese
               Government’s Justice Sector Strategic Plan, and the ongoing need to increase
               Timorese ownership and strengthen national capacity in judicial line functions,
               including the training and specialization of national lawyers and judges, and
               emphasizes the need for sustained support of the international community in
               capacity-building and strengthening of institutions in this sector;
                    12. Requests UNMIT to continue its efforts, adjusting them as necessary to
               enhance the effectiveness of the judiciary, in assisting the Government of Timor-Leste in carrying out the proceedings recommended by the Commission of Inquiry;
                     13. Calls upon UNMIT to continue to support the Government of Timor-Leste in its efforts to coordinate donor cooperation in areas of institutional capacitybuilding;
                    14. Recognizes the importance of the development plans devised by the
               Government of Timor-Leste, particularly the National Strategic Development Plan,
               especially the attention paid to infrastructure, rural development and human
               resources capacity development, and in this regard, welcomes the Dili Development
               Pact agreed between the Government of Timor-Leste and the donor community in
               July 2011 and calls upon UNMIT to continue to cooperate and coordinate with the
               United Nations agencies, funds and programmes, as well as all relevant partners, to
               support the Government of Timor-Leste and relevant institutions in designing
               poverty reduction, improving education, promotion of sustainable livelihood and
               economic growth policies;

4                                                                                12-24001

                                                                                S/RES/2037 (2012)

                 15. Encourages further efforts towards the effective implementation, of the
           Joint Transition Plan, including through engagement between UNMIT, the
           Government of Timor-Leste and bilateral and multilateral partners regarding the
           transfer of functions currently provided by UNMIT which will be needed after the
           Mission’s withdrawal;
                16. Encourages the Government of Timor-Leste to continue to strengthen
           peacebuilding perspectives in such areas as employment and empowerment,
           especially focusing on rural areas, women and youth, as well as local
           socio-economic development in particular in the agricultural sector;
                 17. Requests UNMIT to fully take into account gender considerations as set
           out in Security Council resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1889
           (2009) as a cross-cutting issue throughout its mandate, stressing the importance of
           strengthening the responsiveness of the security sector to specific needs of women,
           and reaffirms its resolutions 1674 (2006) and 1894 (2009) on protection of civilians
           and 1502 (2003) on the protection of humanitarian and United Nations personnel;
                 18. Requests the Secretary-General to continue to take the necessary
           measures to ensure full compliance by UNMIT with the United Nations zero
           tolerance policy on sexual exploitation and abuse and to keep the Council informed,
           and urges those countries contributing troops and police to take appropriate
           preventive action and to ensure full accountability in cases of such conduct
           involving their personnel;
                 19. Reaffirms the importance of the medium-term strategy and benchmarks
           for measuring and tracking progress in Timor-Leste, and assessing the level and
           form of United Nations support and cooperation with the Government of Timor-Leste while keeping the benchmarks under active review, and underlines the
           importance of ownership of the strategy by the leaders and people of Timor-Leste in
           this process;
                 20. Requests also the Secretary-General to keep the Security Council
           regularly informed of the developments on the ground and to submit to the Security
           Council, within 60 days after the formation of the new Government and at the latest
           15 October 2012, a report assessing the security and political situation, and
           providing recommendations on the completion of UNMIT’s Mission and the transfer
           of responsibilities in order to enable the Government of Timor-Leste and UNMIT to
           finalize preparations for UNMIT’s withdrawal consistent with the situation on the
           ground and on the views of the Government of Timor-Leste concerning the post-UNMIT United Nations role in Timor-Leste;
                21. Encourages a timely decision by the Government of Timor-Leste on the
           nature, activities and scope of the United Nations role post-UNMIT in coordination
           with UNMIT, the United Nations Country Team and other relevant stakeholders;
                22.   Decides to remain seized of the matter.

12-24001                                                                                5

Security Council resolution 2037 (2012) [on extension of the mandate of the UN Integrated Mission in Timor-Leste (UNMIT) until 31 Dec. 2012]

UN Integrated Mission in Timor-Leste|Policía Nacional Timor-Leste|FALINTIL-FDTL|UN. Special Representative of the Secretary-General for Timor-Leste|Independent Special Commission of Inquiry for Timor-Leste|PEACEKEEPING OPERATIONS|PEACEBUILDING|POST-CONFLICT RECONSTRUCTION|INTERNAL SECURITY|TIMOR-LESTE|ELECTIONS|ELECTION VERIFICATION|LAW REFORM|SECURITY SECTOR REFORM|HUMAN RIGHTS|POLICE|JUDICIAL SYSTEM|COMMISSIONS OF INQUIRY

S/67 [179] UN INTEGRATED MISSION IN TIMOR-LESTE
S/67 [180] TIMOR-LESTE SITUATION


               United Nations                                                              S/RES/2038 (2012)
               Security Council                                             Distr.: General
                                                                            29 February 2012

               Resolution 2038 (2012)
               Adopted by the Security Council at its 6726th meeting, on
               29 February 2012

                    The Security Council,
                    Recalling its resolution 1966 (2010) adopted on 22 December 2010,
                    Having regard to Article 14, paragraph 4, of the Statute of the International
               Residual Mechanism for Criminal Tribunals (the Mechanism), annexed to resolution
               1966 (2010),
                    Having considered the nomination by the Secretary-General to appoint
               Mr. Hassan Bubacar Jallow as Prosecutor of the Mechanism (S/2012/112),
                    Noting that, according to article 7, paragraph (a) of the Transitional
               Arrangements annexed to resolution 1966 (2010), the Prosecutor of the Mechanism
               may also hold the office of Prosecutor of the International Criminal Tribunal for
               Rwanda (ICTR),
                     Recalling that pursuant to resolution 1966 (2010) the Mechanism’s branch for
               the ICTR shall commence functioning on 1 July 2012,
                     Decides to appoint Mr. Hassan Bubacar Jallow as Prosecutor of the
               International Residual Mechanism for Criminal Tribunals with effect from 1 March
               2012 for a term of four years.

12-24752 (E)
*1224752*

Security Council resolution 2038 (2012) [on appointment of Hassan Bubacar Jallow as Prosecutor of the International Residual Mechanism for Criminal Tribunals with effect from 1 Mar. 2012 for a term of 4 years]

Jallow, Hassan Bubacar > (Gambia)|International Residual Mechanism for Criminal Tribunals. Prosecutor|INTERNATIONAL CRIMINAL COURTS|APPOINTMENT OF OFFICIALS|FORMER YUGOSLAVIA SITUATION|RWANDA SITUATION

S/67 [97] INTERNATIONAL TRIBUNAL--RWANDA
S/67 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/67 [95] RWANDA SITUATION
S/67 [60] FORMER YUGOSLAVIA SITUATION


                United Nations                                                                   S/RES/2039 (2012)*
                Security Council                                                  Distr.: General
                                                                                29 February 2012

                Resolution 2039 (2012)
                Adopted by the Security Council at its 6727th meeting, on
                29 February 2012

                     The Security Council,
                     Recalling its statement of 30 August 2011 and its resolution 2018 (2011) of
                31 October 2011, on piracy and armed robbery at sea in the Gulf of Guinea,
                     Expressing its deep concern about the threat that piracy and armed robbery at
                sea in the Gulf of Guinea pose to international navigation, security and the
                economic development of states in the region,
                       Recognizing that piracy and armed robbery at sea in the Gulf of Guinea affect
                littoral countries, including their hinterland areas and landlocked countries in the
                region,
                     Expressing its concern over the threat that piracy and armed robbery at sea
                pose to the safety of seafarers and other persons, including through their being taken
                as hostages, and deeply concerned by the violence employed by pirates and persons
                involved in piracy and armed robbery at sea in the Gulf of Guinea,
                      Affirming that international law, as reflected in the United Nations Convention
                on the Law of the Sea of 10 December 1982, in particular its articles 100, 101 and
                105, sets out the legal framework applicable to countering piracy and armed robbery
                at sea, as well as other ocean activities,
                     Affirming its respect for the sovereignty and territorial integrity of the States of
                the Gulf of Guinea and their neighbours,
                      Further affirming that the provisions of this resolution apply only with respect
                to the situation in the Gulf of Guinea,
                    Recognizing the urgent need to devise and adopt effective and practical
                measures to counter piracy and armed robbery at sea in the Gulf of Guinea,
                      Emphasizing the importance of building on existing national, regional and
                extraregional initiatives to enhance maritime safety and security in the Gulf of
                Guinea,
                     Welcoming the initiatives already taken by States in the region and regional
                organizations, including the Economic Community of Central African States

            * Reissued for technical reasons on 19 March 2012.

12-24771* (E)
*1224771*

S/RES/2039 (2012)

               (ECCAS), the Economic Community of West African States (ECOWAS), the Gulf of
               Guinea Commission (GGC) and the Maritime Organization for West and Central
               Africa (MOWCA), to enhance maritime safety and security in the Gulf of Guinea,
                    Noting the ECCAS comprehensive joint maritime security architecture to
               counter piracy in the Central African subregion, including the strategy adopted by
               the ECCAS Peace and Security Council in February 2008, the establishment of the
               Regional Centre for Maritime Security in Central Africa (CRESMAC) in Pointe-Noire, Congo, as well as the multinational coordination centres in the region,
                    Further noting the preparatory steps taken by ECOWAS towards developing a
               maritime security approach through an Integrated Maritime Security Strategy and an
               Integrated Maritime Plan,
                    Noting the importance of adopting a comprehensive approach led by the
               countries of the region to counter the threat of piracy and armed robbery at sea in
               the Gulf of Guinea and their underlying causes,
                     Also noting the need for international assistance as part of a comprehensive
               strategy to support national and regional efforts to assist States in the region with
               their efforts to address piracy and armed robbery at sea in the Gulf of Guinea,
                     Stressing that the coordination of efforts at the regional level is necessary for
               the development of a comprehensive strategy to counter the threat of piracy and
               armed robbery at sea in the Gulf of Guinea, in order to enable the prevention and
               interdiction of such criminal activities and to ensure that persons engaging in piracy
               and armed robbery at sea are prosecuted and punished if convicted, with due regard
               for internationally recognized rules and principles of international law,
                    Reiterating that States in the region have a leadership role to play in
               countering the threat and addressing the underlying causes of piracy and armed
               robbery at sea in the Gulf of Guinea, in close cooperation with organizations in the
               region, and their partners,
                    Welcoming the contributions by Member States and international organizations
               in support of ongoing national and regional efforts to secure Gulf of Guinea coastal
               areas and conduct naval operations, including the joint patrols carried out by the
               Federal Republic of Nigeria and the Republic of Benin off the coast of Benin, and
               also welcoming further contributions, upon request,
                     Expressing its concern about the serious threats to international peace and
               stability in different regions of the world, in particular in West Africa and the Sahel
               Region, posed by transnational organized crime, including illicit weapons and drug
               trafficking, piracy and armed robbery at sea,
                     Affirming its full commitment to promoting the maintenance of peace and
               stability in the Gulf of Guinea region,
                    1.   Welcomes the report of the Secretary-General’s assessment mission on
               piracy in the Gulf of Guinea, which was dispatched to the region from 7 to
               24 November 2011;
                    2.    Encourages national authorities, as well as regional and international
               partners to consider implementing the recommendations of the assessment mission,
               as appropriate;

2                                                                                12-24771

                                                                                S/RES/2039 (2012)

                 3.   Stresses the primary responsibility of the States of the Gulf of Guinea to
           counter piracy and armed robbery at sea in the Gulf of Guinea and in this context
           urges them through ECCAS, ECOWAS and the GGC to work towards the convening
           of the planned joint Summit of Gulf of Guinea States to develop a regional
           anti-piracy strategy, in cooperation with the African Union;
                 4.   Requests the Secretary-General through the United Nations Office of
           West Africa (UNOWA) and the United Nations Office of Central Africa (UNOCA)
           to support States and subregional organizations in convening the joint Summit, as
           referenced in resolution 2018 (2011), to the extent feasible;
                 5.    Urges States of the region of the Gulf of Guinea to take prompt action, at
           national and regional levels with the support of the international community where
           able, and by mutual agreement, to develop and implement national maritime
           security strategies, including for the establishment of a legal framework for the
           prevention, and repression of piracy and armed robbery at sea and as well as
           prosecution of persons engaging in those crimes, and punishment of those convicted
           of those crimes and encourages regional cooperation in this regard;
                 6.    Encourages Benin and Nigeria to extend their joint patrols beyond March
           2012, while the countries of the Gulf of Guinea continue to work towards building
           their capacities to independently secure their coastlines and also encourages
           international partners to consider providing support, as needed, in that regard and to
           the extent feasible;
                 7.   Encourages the States of the Gulf of Guinea, ECOWAS, ECCAS and
           GGC, to develop and implement transnational and transregional maritime security
           coordination centres covering the whole region of the Gulf of Guinea, building on
           existing initiatives, such as those under the auspices of the International Maritime
           Organization (IMO);
                 8.    Encourages international partners to provide support to regional States
           and organizations for the enhancement of their capabilities to counter piracy and
           armed robbery at sea in the Gulf of Guinea, including their capacity to conduct
           regional patrols, to establish and maintain joint coordination centres and joint
           information-sharing centres, and for the effective implementation of the regional
           strategy, once adopted;
                 9.   Requests the Secretary-General to support efforts towards mobilizing
           resources following the creation of the regional strategy to assist in building
           national and regional capacities in close consultation with States and regional and
           extraregional organizations;
                10. Further requests the Secretary-General to keep the Security Council
           regularly informed through UNOWA and UNOCA, on the situation of piracy and
           armed robbery at sea in the Gulf of Guinea, including on progress made regarding
           the joint Summit as well as by ECOWAS, ECCAS and the GGC to develop a
           comprehensive strategy to counter piracy and armed robbery at sea;
                11.   Decides to remain seized of the matter.

12-24771                                                                                3

Security Council resolution 2039 (2012) [on acts of piracy and armed robbery at sea off the coast of the States of the Gulf of Guinea]

Economic Community of West African States|Communauté économique des Etats de l'Afrique centrale|Commission of the Gulf of Guinea|Maritime Organization for West and Central Africa|IMO|UN. Office for West Africa|UN Office for Coordination of Humanitarian and Economic Assistance Programmes relating to Afghanistan|UN. Regional Office for Central Africa|Summit of Heads of State and Government of the Economic Community of West African States, the Economic Community of Central African States and the Commission of the Gulf of Guinea (2013 : Yaoundé)|MARITIME SECURITY|PIRACY|ROBBERY|GULF OF GUINEA|REGIONAL COOPERATION|MARITIME SAFETY|MARITIME TRANSPORT|CRIMINAL LAW|CRIMINAL JURISDICTION|SPECIAL MISSIONS|RESOURCES MOBILIZATION


               United Nations                                                                    S/RES/2040 (2012)
               Security Council                                                Distr.: General
                                                                               12 March 2012

               Resolution 2040 (2012)
               Adopted by the Security Council at its 6733rd meeting, on
               12 March 2012

                    The Security Council,
                    Recalling its resolutions 1970 (2011) of 26 February 2011, 1973 (2011) of
               17 March 2011, 2009 (2011) of 16 September 2011, 2016 (2011) of 27 October
               2011, 2017 (2011) of 31 October 2011 and 2022 (2011) of 2 December 2011,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of Libya,
                     Reaffirming its resolutions 1674 (2006) and 1894 (2009) on the protection of
               civilians in armed conflict, 1612 (2005), 1882 (2009), and 1998 (2011) on children
               in armed conflict, and 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), and
               1960 (2010) on women, peace and security,
                    Looking forward to a future for Libya based on national reconciliation, justice,
               respect for human rights and the rule of law,
                     Emphasizing the importance of promoting the equal and full participation of
               all sectors of Libyan society, including women, youth and minority communities in
               the political process in the post-conflict phase,
                     Recalling its decision to refer the situation in Libya to the Prosecutor of the
               International Criminal Court, and the importance of cooperation for ensuring that
               those responsible for violations of human rights and international humanitarian law,
               including attacks targeting civilians, are held accountable,
                    Expressing deep concern about reports of sexual violence during the conflict in
               Libya against women, men and children including in prison facilities and detention
               centres, and the recruitment and use of children in situations of armed conflict in
               contravention of applicable international law,
                     Reiterating that the voluntary, safe and sustainable return of refugees and
               internally displaced persons will be an important factor for the consolidation of
               peace in Libya,
                     Expressing concern at the illicit proliferation of all arms and related materiel
               of all types, in particular man-portable surface-to-air missiles, from Libya, in the
               region and its potential impact on regional and international peace and security,

12-26030 (E)
*1226030*

S/RES/2040 (2012)

                     Stressing that national ownership and national responsibility are key to
               establishing sustainable peace and that it is the primary responsibility of national
               authorities to identify their priorities and strategies for post-conflict peacebuilding,
                     Stressing the need for the United Nations to work actively with the Libyan
               authorities to identify and support delivery of the priorities and strategies for postconflict peacebuilding,
                     Reaffirming that the United Nations should lead the coordination of the efforts
               of the international community in supporting the Libyan-led transition and
               rebuilding process aimed at establishing a democratic, independent and united
               Libya, and appreciating the assistance of the United Nations Support Mission in
               Libya in convening recent workshops with the Libyan government to identify
               national needs and priorities,
                     Noting the centrality of credible elections to a peaceful transition in Libya,
               encouraging the taking of all necessary steps in this regard, and welcoming the
               adoption of a Libyan national electoral law on 28 January 2012 and the
               establishment of an Electoral Commission on 12 February 2012,
                     Supporting Libya’s intention to strengthen regional security and taking note of
               their proposal to host a regional security conference,
                     Commending the Libyan authorities for engaging with the International
               Monetary Fund and World Bank on conducting an assessment of Libya’s public
               financial management framework, and reiterating its request that the Committee
               established pursuant to resolution 1970 (2011) be informed of the results of that
               assessment,
                     Taking note of the Report of the Secretary-General on the United Nations
               Support Mission in Libya (S/2012/129), including the recommendation for the
               modification and 12 month extension of the UNSMIL mandate, and recalling the
               letter of 6 March 2012 from Mr. Abdurraheem Al-Kib, Prime Minister of Libya, to
               the Secretary-General (S/2012/139),
                    Taking note of the final report of the Panel of Experts submitted pursuant to
               paragraph 24 (d) of resolution 1973 (2011) and the findings and recommendations
               contained therein,
                     Taking note of its briefing by the High Commissioner for Human Rights on
               25 January 2012 and the report of the International Commission of Inquiry on Libya
               to the Human Rights Council of 2 March 2012 (A/HRC/19/68),
                    Mindful of its primary responsibility for the maintenance of international peace
               and security under the Charter of the United Nations,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Welcomes the recent positive developments in Libya which will improve
               the prospects for a democratic, peaceful and prosperous future for its people;
                     2.    Looks forward to free, fair and credible elections in June 2012 to
               establish a Constituent Assembly, and reiterates the need for the transitional period
               to be underpinned by a commitment to democracy, good governance, rule of law,
               national reconciliation and respect for human rights and fundamental freedoms of
               all people in Libya;

2                                                                                12-26030

                                                                                S/RES/2040 (2012)

                 3.   Calls upon the Libyan authorities to promote and protect human rights,
           including those of women and people belonging to vulnerable groups, to comply
           with their obligations under international law, including international humanitarian
           law and human rights law, and calls for those responsible for serious violations of
           such law, including sexual violence, to be held accountable in accordance with
           international standards, and urges all Member States to cooperate closely with the
           Libyan authorities in their efforts to end impunity for such violations;
                 4.    Expresses grave concern at continuing reports of reprisals, arbitrary
           detentions without access to due process, wrongful imprisonment, mistreatment,
           torture and extrajudicial executions in Libya and calls upon the Libyan authorities
           to take all steps necessary to prevent violations of human rights, underscores the
           Libyan authorities’ primary responsibility for the protection of Libya’s population,
           as well as foreign nationals, including African migrants, and calls for the immediate
           release of all foreign nationals illegally detained in Libya;
                5.    Encourages Libya and neighbouring states to engage in order to establish
           regional cooperation aimed at stabilization of the situation in Libya and to prevent
           former Libyan regime elements from using the territories of such States to plan,
           fund or carry out violent or other illicit acts to destabilize Libya and the states in the
           region, and notes that such cooperation would benefit stability in the Sahel region;

           United Nations Mandate
                 6.    Decides to extend the mandate of the United Nations Support Mission in
           Libya (UNSMIL) for a further period of 12 months, subject to review within
           6 months, under the leadership of a Special Representative of the Secretary-General,
           and decides further that the modified mandate of UNSMIL, in full accordance with
           the principles of national ownership, shall be to assist the Libyan authorities to
           define national needs and priorities throughout Libya, and to match these with offers
           of strategic and technical advice where appropriate, and support Libyan efforts to:
                 (a) manage the process of democratic transition, including through technical
           advice and assistance to the Libyan electoral process and the process of preparing
           and establishing a new Libyan constitution, as set out in the National Transitional
           Council’s Constitutional Roadmap, and assistance that improves institutional
           capacity, transparency and accountability, promotes the empowerment and political
           participation of women and minorities and supports the further development of
           Libyan civil society;
                 (b) promote the rule of law and monitor and protect human rights, in
           accordance with Libya’s international legal obligations, particularly those of women
           and people belonging to vulnerable groups, such as children, minorities and
           migrants, including through assisting the Libyan authorities to reform and build
           transparent and accountable justice and correctional systems, supporting the
           development and implementation of a comprehensive transitional justice strategy,
           and providing assistance towards national reconciliation, support to ensure the
           proper treatment of detainees and the demobilization of any children remaining
           associated with revolutionary brigades;
                 (c) restore public security, including through the provision of appropriate
           strategic and technical advice and assistance to the Libyan government to develop
           capable institutions and implement a coherent national approach to the integration

12-26030                                                                                3

S/RES/2040 (2012)

               of ex-combatants into Libyan national security forces or their demobilization and
               reintegration into civilian life, including education and employment opportunities,
               and to develop police and security institutions that are capable, accountable,
               respectful of human rights and accessible and responsive to women and vulnerable
               groups;
                     (d) counter illicit proliferation of all arms and related materiel of all types, in
               particular man-portable surface-to-air missiles, clear explosive remnants of war,
               conduct demining programmes, secure and manage Libya’s borders, and implement
               international conventions on chemical, biological and nuclear weapons and
               materials, in coordination with the relevant United Nations agencies, the
               Organization for the Prohibition of Chemical Weapons, and international and
               regional partners;
                     (e) coordinate international assistance and build government capacity across
               all relevant sectors set out in relation to paragraphs 6 (a) to (d), including by
               supporting the coordination mechanism within the Libyan government announced
               on 31 January 2012, advice to the Libyan government to help identify priority needs
               for international support, engaging international partners in the process wherever
               appropriate, facilitation of international assistance to the Libyan government, and
               establishing a clear division of labour and regular and frequent communication
               between all those providing assistance to Libya;
                    7.     Encourages UNSMIL to continue to support efforts to promote national
               reconciliation, inclusive political dialogue and political processes aimed at
               promoting free, fair and credible elections, transitional justice and respect for
               human rights throughout Libya;

               Arms Embargo
                     8.    Decides to terminate the authorization granted in paragraph 13 of
               resolution 1973 (2011) to Member States to use all measures commensurate to the
               specific circumstances to carry out inspection pursuant to that paragraph, decides
               further to terminate paragraph 14 of that resolution, and underscores the importance
               of the full implementation of the arms embargo imposed in paragraphs 9 and 10 of
               resolution 1970 (2011), as modified by resolution 2009 (2011);

               Asset Freeze
                     9.    Directs the Committee, in consultation with the Libyan authorities, to
               review continuously the remaining measures imposed by resolutions 1970 (2011)
               and 1973 (2011), as modified by resolution 2009 (2011), with respect to the Libyan
               Investment Authority (LIA) and the Libyan Africa Investment Portfolio (LAIP), and
               decides that the Committee shall, in consultation with the Libyan authorities, lift the
               designation of these entities as soon as practical to ensure the assets are made
               available to and for the benefit of the people of Libya;

               Panel of Experts
                     10. Decides to extend and modify the mandate of the Panel of Experts,
               established by paragraph 24 of resolution 1973 (2011), and decides further to adjust
               the mandate to create for a period of one year, in consultation with the Committee

4                                                                                12-26030

                                                                                S/RES/2040 (2012)

           and taking into account the current areas of activity, a group of up to 5 experts (“the
           Panel”) under the direction of the Committee to carry out the following tasks:
                (a) assist the Committee in carrying out its mandate as specified in
           paragraph 24 of resolution 1970 (2011);
                (b) gather, examine and analyse information from States, relevant United
           Nations bodies, regional organizations and other interested parties regarding the
           implementation of the measures decided in resolution 1970 (2011), 1973 (2011) and
           2009 (2011), in particular incidents of non-compliance;
                (c) make recommendations on actions that the Council, the Committee, the
           Libyan authorities or other States may consider to improve implementation of the
           relevant measures;
                 (d) provide to the Council an interim report on its work no later than 90 days
           after the Panel’s appointment, and a final report to the Council no later than 30 days
           prior to the termination of its mandate with its findings and recommendations;
                 11. Urges all States, relevant United Nations bodies, including UNSMIL, and
           other interested parties, to cooperate fully with the Committee and the Panel, in
           particular by supplying any information at their disposal on the implementation of
           the measures decided in resolutions 1970 (2011) and 1973 (2011), and modified in
           resolution 2009 (2011), in particular incidents of non-compliance;
                 12. Encourages the Panel, while mindful of UNSMIL’s responsibility for
           assisting the Libyan authorities to counter illicit proliferation of all arms and related
           materiel of all types, in particular man-portable surface-to-air missiles, and to secure
           and manage Libya’s borders, to continue its investigations regarding sanctions
           non-compliance, including illicit transfers of arms and related materiel to and from
           Libya and the assets of individuals subject to the asset freeze established in
           resolutions 1970 (2011) and 1973 (2011), and modified in resolution 2009 (2011),
           and encourages UNSMIL and the Libyan authorities to support Panel investigatory
           work inside Libya, including by sharing information, facilitating transit and granting
           access to weapons storage facilities, as appropriate;

           Reporting and Review
                 13. Expresses its intent to review the mandate of the Committee in the event
           that the measures imposed in resolutions 1970 (2011) and 1973 (2011), and
           modified in resolution 2009 (2011) and in this resolution, should be lifted by a
           future decision of the Security Council;
                14. Requests the Secretary-General to report to the Security Council on the
           implementation of this resolution, including all elements of UNSMIL’s mandate,
           every 60 days;
                 15. Also requests the Secretary-General to report to the Security Council
           following the elections of a Constituent Assembly on steps taken by UNSMIL to
           engage with the new Libyan government in order to ensure that it continues
           effectively to support Libya’s specific needs, with a view to reviewing and adjusting
           the mandate as necessary;
                16.   Decides to remain actively seized of the matter.

12-26030                                                                                5

Security Council resolution 2040 (2012) [on extension of the mandate of the UN Support Mission in Libya (UNSMIL) for a period of 12 months]

UN Support Mission in Libya > Terms of reference|UN. Panel of Experts Established pursuant to Security Council Resolution 1973 (2011) > Terms of reference|UN. Security Council Committee Established pursuant to Resolution 1970 (2011) concerning Libya|UN. Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya|Charter of the United Nations (1945). Chapter VII|SPECIAL MISSIONS|ELECTIONS|HUMAN RIGHTS|ARMS EMBARGO|FROZEN ASSETS|LIBYA|SANCTIONS COMPLIANCE|TECHNICAL COOPERATION|REPORT PREPARATION|DEMOCRACY|RULE OF LAW|RECONCILIATION|POST-CONFLICT RECONSTRUCTION|INTERNAL SECURITY|HUMAN RIGHTS VIOLATIONS|DETAINED PERSONS|ELECTION VERIFICATION|ARMS LIMITATION

S/67 [219] LIBYA SITUATION
S/67 [220] UN SUPPORT MISSION IN LIBYA