               United Nations                                                                     S/RES/1838 (2008)
               Security Council                                                 Distr.: General
                                                                                7 October 2008

               Resolution 1838 (2008)
               Adopted by the Security Council at its 5987th meeting, on
               7 October 2008

                    The Security Council,
                    Recalling its resolutions 1814 (2008) and 1816 (2008),
                     Gravely concerned by the recent proliferation of acts of piracy and armed
               robbery at sea against vessels off the coast of Somalia, and by the serious threat it
               poses to the prompt, safe and effective delivery of humanitarian aid to Somalia, to
               international navigation and the safety of commercial maritime routes, and to
               fishing activities conducted in conformity with international law,
                     Noting with concern also that increasingly violent acts of piracy are carried out
               with heavier weaponry, in a larger area off the coast of Somalia, using long-range
               assets such as mother ships, and demonstrating more sophisticated organization and
               methods of attack,
                     Reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (“the Convention”), sets
               out the legal framework applicable to combating piracy and armed robbery at sea, as
               well as other ocean activities,
                     Commending the contribution made by some States since November 2007 to
               protect the World Food Programme (“WFP”) maritime convoys, and, the
               establishment by the European Union of a coordination unit with the task of
               supporting the surveillance and protection activities carried out by some member
               States of the European Union off the coast of Somalia, and the ongoing planning
               process towards a possible European Union naval operation, as well as other
               international or national initiatives taken with a view to implementing resolutions
               1814 (2008) and 1816 (2008),
                     Noting recent humanitarian reports that as many as three-and-a-half million
               Somalis will be dependent on humanitarian food aid by the end of the year, and that
               maritime contractors for the WFP will not deliver food aid to Somalia without naval
               warship escorts, expressing its determination to ensure long-term security of WFP
               deliveries to Somalia and recalling that it requested the Secretary-General in
               resolution 1814 (2008) to provide his support for efforts to protect WFP maritime
               convoys,

08-53884 (E)
*0853884*

S/RES/1838 (2008)

                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                     Taking note of the letter dated 1 September 2008 of the President of Somalia to
               the Secretary-General of the United Nations expressing the appreciation of the
               Transitional Federal Government (“TFG”) to the Security Council for its assistance
               and expressing the TFG’s willingness to consider working with other States, as well
               as regional organizations, to provide advance notifications additional to those
               already provided, in accordance with paragraph 7 of resolution 1816 (2008), to
               combat piracy and armed robbery at sea off the coast of Somalia,
                    Recalling that in the statement of its President dated 4 September 2008
               (S/PRST/2008/33) it welcomed the signing of a peace and reconciliation agreement
               in Djibouti and commended the Special Representative of the Secretary-General for
               Somalia, Mr. Ahmedou Ould-Abdallah, for his ongoing efforts, and emphasizing the
               importance of promoting a comprehensive and lasting settlement in Somalia,
                     Recalling also that in the statement of its President dated 4 September
               (S/PRST/2008/33) it took note of the parties’ request in the Djibouti Agreement that
               the United Nations, within a period of 120 days, authorize and deploy an
               international stabilization force and looking forward to the Secretary-General’s
               report due 60 days from its passage, in particular a detailed and consolidated
               description of a feasible multinational force, as well as a detailed concept of
               operations for a feasible United Nations peacekeeping operation,
                    Emphasizing that peace and stability, the strengthening of State institutions,
               economic and social development and respect for human rights and the rule of law
               are necessary to create the conditions for a full eradication of piracy and armed
               robbery at sea off the coast of Somalia,
                     Determining that the incidents of piracy and armed robbery against vessels in
               the territorial waters of Somalia and the high seas off the coast of Somalia
               exacerbate the situation in Somalia which continues to constitute a threat against
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.    Reiterates that it condemns and deplores all acts of piracy and armed
               robbery at sea against vessels off the coast of Somalia;
                     2.    Calls upon States interested in the security of maritime activities to take
               part actively in the fight against piracy on the high seas off the coast of Somalia, in
               particular by deploying naval vessels and military aircraft, in accordance with
               international law, as reflected in the Convention;
                     3.    Calls upon States whose naval vessels and military aircraft operate on the
               high seas and airspace off the coast of Somalia to use on the high seas and airspace
               off the coast of Somalia the necessary means, in conformity with international law,
               as reflected in the Convention, for the repression of acts of piracy;
                     4.    Urges States that have the capacity to do so to cooperate with the TFG in
               the fight against piracy and armed robbery at sea in conformity with the provisions
               of resolution 1816 (2008);
                    5.    Urges also States and regional organizations, in conformity with the
               provisions of resolution 1814 (2008), to continue to take action to protect the World

2                                                                                08-53884

                                                                                S/RES/1838 (2008)

           Food Programme maritime convoys, which is vital to bring humanitarian assistance
           to the affected populations in Somalia;
                 6.   Urges States, as requested in particular by International Maritime
           Organization resolution (“IMO”) A-1002(25), to issue to ships entitled to fly their
           flag, as necessary, advice and guidance on appropriate precautionary measures to
           protect themselves from attack or actions to take if under attack or the threat of
           attack when sailing in waters off the coast of Somalia;
                7.    Calls upon States and regional organizations to coordinate their actions
           pursuant to paragraphs 3, 4 and 5 above;
                 8.   Affirms that the provisions in this resolution apply only with respect to
           the situation in Somalia and shall not affect the rights or obligations or
           responsibilities of member States under international law, including any rights or
           obligations under the Convention, with respect to any situation, and underscores in
           particular that this resolution shall not be considered as establishing customary
           international law;
                 9.   Looks forward to the report of the Secretary-General requested in
           paragraph 13 of resolution 1816 (2008) and expresses its intention to review the
           situation with respect to piracy and armed robbery at sea against vessels off the
           coast of Somalia with a view, in particular, upon the request of the TFG, to renewing
           the authority provided in paragraph 7 of resolution 1816 (2008) for an additional
           period;
                10.   Decides to remain seized of the matter.

08-53884                                                                                3

Security Council resolution 1838 (2008) [on acts of piracy and armed robbery against vessels in territorial waters and the high seas off the coast of Somalia]

Somalia. Transitional Federal Government|World Food Programme|IMO|Charter of the United Nations (1945). Chapter VII|PIRACY|ROBBERY|TERRITORIAL SEA|SOMALIA|MARITIME SECURITY|MARITIME TRAFFIC|SOMALIA SITUATION|CAPACITY BUILDING|REGIONAL ORGANIZATIONS|INTER-AGENCY COOPERATION|HUMANITARIAN ASSISTANCE|INTERNATIONAL OBLIGATIONS


               United Nations                                                                 S/RES/1839 (2008)
               Security Council                                             Distr.: General
                                                                            9 October 2008

               Resolution 1839 (2008)
               Adopted by the Security Council at its 5992nd meeting, on
               9 October 2008

                    The Security Council,
                    Recalling all its relevant resolutions including resolution 1808 of 15 April
               2008 (S/RES/1808),
                    Taking note of the reports of the Secretary-General of 23 July 2008
               (S/2008/480) and 3 October 2008 (S/2008/631),
                    1.    Decides to extend the mandate of the United Nations mission for a new
               period terminating on 15 February 2009;
                    2.   Decides to remain actively seized of the matter.

08-54425 (E)
*0854425*

Security Council resolution 1838 (2008) [on extension of the mandate of the UN Observer Mission in Georgia (UNOMIG)]

UN Observer Mission in Georgia|PEACEKEEPING OPERATIONS|GEORGIA|GEORGIA SITUATION

S/63 [88] UN OBSERVER MISSION IN GEORGIA
S/63 [87] GEORGIA SITUATION


               United Nations                                                                   S/RES/1840 (2008)
               Security Council                                                 Distr.: General
                                                                                14 October 2008

               Resolution 1840 (2008)
               Adopted by the Security Council at its 5993rd meeting, on
               14 October 2008

                    The Security Council,
                    Reaffirming its previous resolutions on Haiti, in particular its resolutions 1780
               (2007), 1743 (2007), 1702 (2006), 1658 (2006), 1608 (2005), 1576 (2004) and 1542
               (2004),
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and unity of Haiti,
                    Reaffirming its support to the Government of Haiti and welcoming the recent
               formation of the Government of the Prime Minister Michèle Pierre-Louis and the
               approval of her Government’s General Policy Declaration by the Parliament as steps
               towards providing governance, stability and democracy in Haiti, and as a new
               opportunity to place the long-term reform process back on track,
                     Encouraging the Government of Haiti and all the other relevant Haitian
               political, social and economic actors to strengthen democratic dialogue and forge
               the widest and most inclusive possible consensus, recognizing that leadership and
               constant political will of the Government of Haiti among the relevant Haitian actors
               is needed to strengthen governance and national capacities to address the highest
               priority issues in its national agenda,
                     Recognizing the devastation that has been suffered by the people of Haiti
               during the current hurricane season and the immediate, medium- and long-term
               damage done to the agricultural and infrastructure sectors as well as its impact on
               Haiti’s stability and security situation,
                     Acknowledging the challenges facing the government to coordinate the
               delivery of humanitarian relief and to start the recovery efforts, as well as the need
               to establish a disaster and risk reduction strategy,
                     Recognizing that the rapid rise in global food and fuel prices continues to pose
               a significant threat to the overall process of stabilization in Haiti and has adversely
               effected the political, security, humanitarian, social, economic and development
               fields; and encouraging the international community to continue to support Haiti in
               this regard,

08-54896 (E)
*0854896*

S/RES/1840 (2008)

                    Recognizing the inter-connected nature of the challenges in Haiti, reaffirming
               that sustainable progress on security, the rule of law and institutional reform,
               national reconciliation and development are mutually reinforcing, and welcoming
               the continuing efforts of the Government of Haiti and the international community
               to address these challenges,
                    Recognizing that respect for human rights, due process, addressing the issue of
               criminality and putting an end to impunity are essential to ensuring the rule of law
               and security in Haiti,
                     Commending the United Nations Stabilization Mission in Haiti (MINUSTAH)
               for continuing to assist the Government of Haiti to ensure a secure and stable
               environment and deploring again the violence which took place on April 2008, the
               Security Council reiterates its deep regret about the loss of life and the attacks
               against MINUSTAH facilities and United Nations personnel and commends the
               measures taken by MINUSTAH, expressing gratitude to the troops and police
               personnel of MINUSTAH and to their countries and paying tribute to those injured
               or killed in the line of duty,
                    Acknowledging some improvements in recent months in the security situation
               but noting that the security situation remains fragile,
                    Emphasizing the importance of cooperation between Haiti and neighbouring
               and regional states in effectively managing and securing both Haiti’s land and
               maritime territorial borders, and in line with the shared interest to secure these
               borders,
                    Underscoring that international illicit trafficking of persons, drugs and arms
               continues to affect the stability of Haiti,
                     Emphasizing the role of regional organizations in the ongoing process of
               stabilization and reconstruction of Haiti and calling on MINUSTAH to continue to
               work closely with the Organization of the American States (OAS) and the Caribbean
               Community (CARICOM), taking note of the Joint Communiqué of the Consultative
               Group 2x9 on Haiti of 29 August 2008 (S/2008/640),
                     Stressing the importance of establishing credible, competent and transparent
               governance, and encouraging the Government of Haiti to further strengthen state
               institutions,
                     Welcoming the initial recommendations of the Consultative Commission on
               Prolonged Pretrial Detention, and expressing its strong support for further efforts on
               this issue as well as in addressing in an effective and timely manner the issue of
               prison overcrowding,
                     Calling on the Government of Haiti, in coordination with the international
               community, to continue to advance security sector reform, in particular as called for
               in the Haitian National Police (HNP) Reform Plan adopted by the Government of
               Haiti on 8 August 2006 as well as reinforcing the efforts to reform the critical
               judiciary and correctional systems,
                     Welcoming the initial steps taken towards strengthening the judicial system in
               accordance with the national justice reform plan, including judicial institution
               modernization and improvement in the access to justice, which are crucial aspects of
               Haiti’s reconstruction and stabilization,

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                                                                                S/RES/1840 (2008)

                 Welcoming the adoption of the new electoral law and looking for its early
           implementation in view of the forthcoming elections and also welcoming the support
           of the OAS to update the Haitian voter registry and calling on the Haitian
           authorities, with the continued support of donors and partners of Haiti and regional
           organizations as well as MINUSTAH and the United Nations system, to establish
           permanent and effective electoral institutions, and to hold elections consistent with
           Haiti’s constitutional and legal requirements,
                 Underlining the need for the quick implementation of highly effective and
           visible labour intensive projects that help create jobs and deliver basic social
           services,
                 Acknowledging the efforts undertaken by Haitian authorities and the
           contributions of the international community and the United Nations system,
           supported by MINUSTAH, to respond to the humanitarian and other needs of
           disaster-affected people, and stressing the importance for future actions in this
           regard to be fully coordinated among donors and partners of Haiti, with the
           Government of Haiti as well as within the United Nations system,
                 Recognizing the importance of long-term commitment of international donors
           and partners of Haiti, encouraging them to continue strengthening their levels of
           assistance,
                  Stressing the need to reinforce the capacities of the Government of Haiti and
           its institutions, in particular in the coordination of international cooperation,
                Welcoming the Secretary-General’s report S/2008/586 of 27 August 2008,
                 Determining that the situation in Haiti continues to constitute a threat to
           international peace and security in the region, despite the progress achieved thus far,
                 Acting under Chapter VII of the Charter of the United Nations, as described in
           section 1 of operative paragraph 7 of resolution 1542 (2004),
                 1.   Decides to extend the mandate of MINUSTAH as contained in its
           resolutions 1542 (2004), 1608 (2005), 1702 (2006), 1743 (2007), and 1780 (2007)
           until 15 October 2009, with the intention of further renewal;
                 2.    Expresses its satisfaction with the reconfiguration of the Mission carried
           out in accordance with resolution 1780 (2007), and endorses the recommendation
           made by the Secretary-General in paragraph 20 of his report S/2008/586 to maintain
           the current Mission configuration until the planned substantial increase of the
           Haitian National Police capacity allows for a reassessment of the situation, taking
           into account the need to adjust MINUSTAH’s composition and realign its activities
           to reflect the changing circumstances and priorities on the ground, including the
           need to further strengthen the training of the Haitian National Police;
                 3.    Decides, therefore, that MINUSTAH will continue to consist of a
           military component of up to 7,060 troops of all ranks and of a police component of a
           total of 2,091 police;
                4.   Recognizes the ownership and primary responsibility of the Government
           and the people of Haiti over all aspects of the country’s stabilization, recognizes the
           role of MINUSTAH in supporting the Government’s efforts in this regard, and
           encourages the Government of Haiti to continue to take full advantage of

08-54896                                                                                3

S/RES/1840 (2008)

               international support to enhance its capacity, which is indispensable for the
               sustainable success of MINUSTAH;
                    5.    Expresses its full support for the Special Representative of the Secretary-General, notably in his efforts related to improving stability and governance in close
               cooperation with the Government of Haiti, and reaffirms his authority in the
               coordination and conduct of all activities of United Nations agencies, funds, and
               programmes in Haiti;
                     6.    Reaffirms its call upon MINUSTAH to support the political process under
               way in Haiti, including through the good offices of the Special Representative of the
               Secretary-General, and, in cooperation with the Government of Haiti, to promote an
               all-inclusive political dialogue and national reconciliation, and to provide logistical
               and security assistance for the upcoming electoral process, in particular the elections
               which were scheduled to take place in November 2007, to fill the Senate seats that
               were left vacant with the end of the mandate of one third of the Senators on 8 May
               2008;
                     7.    Recognizes the importance of resolving political differences through
               dialogue and encourages the Special Representative of the Secretary-General to
               facilitate this dialogue between the Government of Haiti and all relevant political
               actors in order to ensure that the democratically elected political institutions can
               continue carrying forward the reform work laid out in the National Strategy for
               Growth and Poverty Reduction Paper (DSNCRP);
                     8.   Welcomes the continuing contribution of MINUSTAH to the Government
               of Haiti’s efforts to build institutional capacity at all levels and calls upon
               MINUSTAH, consistent with its mandate, to expand such support to strengthen selfsustaining state institutions, especially outside Port-au-Prince, including through the
               provision of specialized expertise to key ministries and institutions;
                    9.    Requests that MINUSTAH continue its support of the HNP as deemed
               necessary to ensure security in Haiti, and encourages MINUSTAH and the
               Government of Haiti to continue to undertake coordinated deterrent actions to
               decrease the level of crime and violence;
                     10. Recognizes the need for improving and enhancing the efforts in the
               implementation of the HNP Reform Plan and requests MINUSTAH, consistent with
               its mandate, to remain engaged in assisting the Government of Haiti to reform and
               restructure the HNP notably by supporting the monitoring, mentoring, training and
               vetting of police personnel and strengthening of institutional and operational
               capacities, while working to recruit sufficient individual police officers to serve as
               instructors and mentors of the HNP, consistent with its overall strategy to
               progressively transfer geographic and functional responsibility for conventional law
               and order duties to its Haitian counterparts in accordance with the HNP Reform
               Plan;
                    11. Invites Member States, including neighbouring and regional States, in
               coordination with MINUSTAH, to engage with the Government of Haiti to address
               cross-border illicit trafficking of persons, drugs, arms and other illegal activities,
               and to contribute to strengthening HNP capacity in these areas;
                     12. Requests MINUSTAH to provide technical expertise in support of the
               efforts of the Government to pursue an integrated border management approach,

4                                                                                08-54896

                                                                                S/RES/1840 (2008)

           with emphasis on state capacity-building, and underlines the need for coordinated
           international support for Government efforts in this area;
                 13. Welcomes the imminent deployment of MINUSTAH’s sixteen maritime
           patrol boats in support of the Haitian National Police’s Coast Guard responsibilities
           in protecting and patrolling the maritime borders of Haiti;
                14. Recognizes the need for MINUSTAH to continue its efforts to patrol
           along maritime and land border areas in support of border security activities by the
           HNP, and encourages MINUSTAH to continue discussions with the Government of
           Haiti and Member States to assess the threats along Haiti’s land and maritime
           borders;
                 15. Requests the United Nations country team, and calls upon all actors, to
           complement security and development operations undertaken by the Government of
           Haiti with the support of MINUSTAH with activities aimed at effectively improving
           the living conditions of the concerned populations and requests MINUSTAH to
           continue to implement quick-impact projects;
                16. Condemns any attack against personnel or facilities from MINUSTAH
           and demands that no acts of intimidation or violence be directed against the United
           Nations and associated personnel or facilities or other actors engaged in
           humanitarian, development or peacekeeping work;
                17. Welcomes the steps taken towards the reform of rule of law institutions,
           requests MINUSTAH to continue to provide necessary support in this regard, and
           encourages the Haitian authorities to take full advantage of that support, notably in
           modernizing key legislation and in the implementation of the justice reform plan,
           the establishment of the Superior Council of the Judiciary, the reorganization and
           standardization of court registration processes and the management of cases, and the
           need to address the issue of prolonged pretrial detentions;
                 18. Encourages also the implementation of the strategic plan of the National
           Prison Administration, and supports the strengthening of the Mission’s capacity, as
           referred to in paragraph 42 of the Secretary-General’s report (S/2008/586), in
           particular to address prison overcrowding, and requests MINUSTAH to remain
           engaged in supporting the mentoring and training of corrections personnel and
           strengthening of institutional and operational capacities;
                19. Requests MINUSTAH to continue to pursue its community violence
           reduction approach, including through support to the National Commission on
           Disarmament, Dismantlement and Reintegration and concentrating its efforts on
           labour-intensive projects, the development of a weapons registry, the revision of
           current laws on importation and possession of arms, reform of the weapons permit
           system and the promotion of a national community policing doctrine;
                20. Reaffirms MINUSTAH’s human rights mandate and calls on the Haitian
           authorities to continue their efforts to promote and protect human rights, and calls
           on MINUSTAH to continue to provide human rights training to the HNP and other
           relevant institutions, including the correctional services;
                21. Strongly condemns the grave violations against children affected by
           armed violence, as well as widespread rape and other sexual abuse of girls, and
           requests MINUSTAH to continue to promote and protect the rights of women and

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S/RES/1840 (2008)

               children as set out in Security Council resolutions 1325 (2000), 1612 (2005), and
               1820 (2008);
                    22. Requests the Secretary-General to continue to take the necessary
               measures to ensure full compliance of all MINUSTAH personnel with the United
               Nations zero-tolerance policy on sexual exploitation and abuse, and to keep the
               Council informed, and urges troop-contributing countries to ensure that acts
               involving their personnel are properly investigated and punished;
                     23. Calls upon MINUSTAH and the United Nations country team to further
               enhance their coordination and, in concert with the Government of Haiti and
               international partners, help ensure greater efficiency in the implementation of the
               National Strategy for Growth and Poverty Reduction Paper (DSNCRP) in order to
               achieve progress in the area of socio-economic development, which was recognized
               essential for the stability in Haiti in the Consolidation Plan of the Secretary-General,
               and address urgent development problems, in particular those caused by recent
               hurricanes;
                     24. Recognizes the need for a high-level donor conference to lend its support
               to the DSNCRP, and in this regard calls upon the international community, in
               particular donor countries and partners of Haiti and multilateral institutions, in
               cooperation with the Haitian authorities, to devise and implement under the
               leadership of the Haitian authorities, an efficient aid coordination system, based on
               mutual responsibility, which would focus on short-term immediate needs, as well as
               medium- and long-term reconstruction requirements, and also encourages donors
               and partners of Haiti to accelerate the disbursement of their pledges as a
               contribution to development and stability in Haiti;
                    25. Welcomes progress made by MINUSTAH in communications and public
               outreach strategy, and requests it to continue these activities;
                     26. Welcomes the work done by the Secretary-General to develop five
               benchmarks and indicators to measure progress being made towards the
               consolidation of stability in Haiti and requests the Secretary-General to continue
               updating the Consolidation Plan on the basis of the outline provided, in consultation
               with the Government of Haiti, taking into account the DSNCRP, as appropriate, and
               to inform the Council accordingly in his reports;
                     27. Requests the Secretary-General to report to the Council on the
               implementation of MINUSTAH’s mandate semi-annually and not later than 45 days
               prior to its expiration;
                    28. Requests also the Secretary-General to include in his reports a
               comprehensive assessment of threats to security in Haiti, taking into account a
               review of the activities and composition of MINUSTAH, its coordination with the
               United Nations country team and other development actors and the need for poverty
               eradication and sustainable development in Haiti, and to propose, as appropriate,
               options to reshape the composition of MINUSTAH;
                    29.   Decides to remain seized of the matter.

6                                                                                08-54896

Security Council resolution 1840 (2008) [on extension of the mandate of the UN Stabilization Mission in Haiti (MINUSTAH)]

UN Stabilization Mission in Haiti|Haitian National Police|UN Stabilization Mission in Haiti > Organizational structure|UN. Special Representative of the Secretary-General and Head of the United Nations Stabilization Mission in Haiti|Poverty Reduction Strategy Papers|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|INTERNAL SECURITY|HAITI|HAITI QUESTION|POLICE|MILITARY PERSONNEL|CAPACITY BUILDING|GOVERNANCE|COORDINATION WITHIN UN SYSTEM|GOOD OFFICES|ELECTIONS|INSTITUTION BUILDING|CRIME PREVENTION|TRAINING PROGRAMMES|TRAFFICKING IN PERSONS|DRUG TRAFFIC|ILLICIT ARMS TRAFFICKING|TECHNICAL COOPERATION|SHIPS|MARITIME BOUNDARIES|LIVING CONDITIONS|STAFF SECURITY|RELIEF PERSONNEL|LAW REFORM|JUDICIAL SYSTEM|PREVENTIVE DETENTION|CORRECTIONAL SYSTEMS|VIOLENCE|ARMS LIMITATION|HUMAN RIGHTS|HUMAN RIGHTS EDUCATION|CHILDREN IN ARMED CONFLICTS|RIGHTS OF THE CHILD|RAPE|SEX CRIMES|GIRLS|WOMEN'S RIGHTS|TROOP-CONTRIBUTING STATES|POVERTY MITIGATION|DONOR COUNTRIES|AID COORDINATION|SUSTAINABLE DEVELOPMENT

S/63 [138] HAITI--POLITICAL CONDITIONS
S/63 [137] UN STABILIZATION MISSION IN HAITI


               United Nations                                                                   S/RES/1841 (2008)
               Security Council                                                 Distr.: General
                                                                                15 October 2008

               Resolution 1841 (2008)
               Adopted by the Security Council at its 5996th meeting, on
               15 October 2008

                    The Security Council,
                     Recalling its previous resolutions concerning the situation in Sudan, in
               particular resolutions 1828 (2008) of 31 July 2008, 1779 (2007) of 28 September
               2007, 1769 (2007) of 31 July 2007, 1713 (2006) of 29 September 2006, 1672 (2006)
               of 25 April 2006, 1665 (2006) of 29 March 2006, 1651 (2005) of 21 December
               2005, 1591 (2005) of 29 March 2005, and 1556 (2004) of 30 July 2004 and
               statements of its President concerning Sudan,
                     Reaffirming its commitment to the sovereignty, unity, independence and
               territorial integrity of Sudan, and recalling the importance of the principles of good
               neighbourliness, non-interference and cooperation in the relations among States in
               the region,
                     Stressing again its firm commitment to the cause of peace throughout Sudan,
               full implementation of the Comprehensive Peace Agreement of 9 January 2005, full
               implementation of the framework agreed between the parties for a resolution of the
               conflict in Darfur (the Darfur Peace Agreement), and an end to the violence and
               atrocities in Darfur,
                     Reiterating the importance of promoting a political process to restore peace
               and stability in Darfur, and strongly urging those parties who have not yet agreed to
               participate in negotiations to do so immediately and all parties to the conflict to
               engage fully and constructively in the process and to cooperate with African
               Union/United Nations Chief Mediator Djibril Bassolé,
                     Reiterating its belief in the basis provided by the Darfur Peace Agreement for
               a lasting political solution and sustained security in Darfur, deploring that the
               Agreement has not been fully implemented by the signatories and not signed by all
               parties to the conflict in Darfur,
                     Noting with strong concern the ongoing violence, impunity, and consequent
               deterioration of the humanitarian situation, and reiterating its deep concern about
               the security of civilians and humanitarian aid workers and about humanitarian
               access to populations in need, and calling upon all parties in Darfur to cease
               offensive actions immediately and to refrain from further violent attacks,
                    Demanding that there should be no aerial bombings nor the use in Darfur, by
               any party to the conflict, of white aircraft or aircraft with markings resembling those

08-55190 (E)
*0855190*

S/RES/1841 (2008)

               on United Nations aircraft, and demanding that the parties to the conflict exercise
               restraint and cease military action,
                    Commending the efforts of, and reiterating its full support for, the joint African
               Union/United Nations chief mediator of the African Union, the United Nations
               Secretary-General, the League of Arab States, and the leaders of the region to
               promote peace and stability in Darfur, looking forward to the full and rapid
               deployment of the African Union/United Nations Mission in Darfur (UNAMID), and
               expressing strong support for the political process under the African Union/United
               Nations-led mediation,
                     Recalling the 27 May 2008 midterm report by the Panel of Experts appointed by
               the Secretary-General pursuant to paragraph 3 (b) of resolution 1591 (2005) and
               extended by resolutions 1651 (2005), 1665 (2006), 1713 (2006) and 1779 (2007), and
               taking note of the Panel’s final report (S/2008/647, annex), and expressing its intent
               to study the Panel’s recommendations further and to consider appropriate next steps,
                     Emphasizing the need to respect the provisions of the Charter concerning
               privileges and immunities, and the Convention on the Privileges and Immunities of
               the United Nations, as applicable to United Nations operations and persons engaged
               in such operations,
                     Determining that the situation in Sudan 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 to extend until 15 October 2009 the mandate of the current Panel
               of Experts, originally appointed pursuant to resolution 1591 (2005) and previously
               extended by resolutions 1651 (2005), 1665 (2006), 1713 (2006) and 1779 (2007),
               and requests the Secretary-General to take the necessary administrative measures;
                     2.   Requests the Panel of Experts to provide no later than 29 March 2009 a
               midterm briefing on its work and no later than 90 days after adoption of this
               resolution an interim report to the Committee established pursuant to paragraph
               3 (a) of resolution 1591 (2005) and a final report no later than 30 days prior to
               termination of its mandate to the Council with its findings and recommendations;
                     3.   Requests the Panel of Experts to coordinate its activities as appropriate
               with the operations of the African Union/United Nations Hybrid operation in Darfur
               (UNAMID), and with international efforts to promote the political process in
               Darfur, and to assess in its interim and final reports progress towards reducing
               violations by all parties of the measures imposed by paragraphs 7 and 8 of
               resolution 1556 (2004) and paragraph 7 of resolution 1591 (2005), and progress
               towards reducing impediments to the political process, threats to stability in Darfur
               and the region and other violations of the above-mentioned resolutions;
                    4.    Urges all States, relevant United Nations bodies, the African Union and
               other interested parties, to cooperate fully with the Committee and the Panel of
               Experts, in particular by supplying any information at their disposal on
               implementation of the measures imposed by resolution 1591 (2005) and resolution
               1556 (2004);
                    5.    Decides to remain actively seized of the matter.

2                                                                                08-55190

Security Council resolution 1841 (2008) [on extension of the mandate of the UN Panel of Experts Established pursuant to Security Council Resolution 1591 (2005)]

UN. Panel of Experts Established pursuant to Security Council Resolution 1591 (2005)|African Union|AU/UN Hybrid Operation in Darfur|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|DARFUR (SUDAN)|SUDAN|SANCTIONS|SUDAN|GROUPS OF EXPERTS|INTER-AGENCY COOPERATION|COORDINATION WITHIN UN SYSTEM


               United Nations                                                                    S/RES/1842 (2008)
               Security Council                                                 Distr.: General
                                                                                29 October 2008

               Resolution 1842 (2008)
               Adopted by the Security Council at its 6004th meeting, on
               29 October 2008

                    The Security Council,
                     Recalling its previous resolutions and the statements of its President relating to
               the situation in Côte d’Ivoire, in particular resolutions 1782 (2007) and 1826 (2008),
                     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,
                    Taking note of the report of the Secretary-General dated 14 October 2008
               (S/2008/645) and of the reports of the United Nations Group of Experts on Côte
               d’Ivoire dated 14 April 2008 (S/2008/235) and 15 October 2008 (S/2008/598),
                     Emphasizing the continued contribution to Côte d’Ivoire’s stability, in
               particular in the context of the forthcoming presidential elections, of the measures
               imposed by resolution 1572 (2004) and 1643 (2005),
                     Recalling that in its resolution 1782 (2007), it welcomed the initial measures
               to implement the Ouagadougou Political Agreement and recalling also that in its
               resolution 1826 (2008) it encouraged in particular the Ivorian parties to remove the
               remaining logistical obstacles that impeded the identification of the population and
               the registration of voters,
                     Welcoming in this regard the official launching of the identification and
               registration of voters operations on the 15 September 2008 and urging the Ivorian
               parties to take all the necessary steps to complete these operations,
                     Noting again with concern, in spite of the sustained improvement of the
               overall human rights situation, the persistence of cases of human rights violations
               against civilians, including numerous acts of sexual violence, stressing that the
               perpetrators must be brought to justice, reiterating its firm condemnation of all
               violations of human rights and international humanitarian law in Côte d’Ivoire, and
               recalling its resolutions 1325 (2000) and 1820 (2008) on women, peace and
               security, its resolution 1612 (2005) on children and armed conflict and its resolution
               1674 (2006) on the protection of civilians in armed conflict,
                    Recalling that the Committee established by paragraph 14 of resolution 1572
               (2004) (the Committee) will consider and decide upon requests for the exemptions

08-57501 (E)
*0857501*

S/RES/1842 (2008)

               set out in paragraphs 8, 10 and 12 of resolution 1572 (2004) which are submitted in
               accordance with the guidelines adopted by the Committee, and expressing the
               availability of the Committee and of the Group of Experts to give technical
               explanations as may be needed,
                     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,
                    1.    Decides to renew until 31 October 2009 the measures on arms and the
               financial and travel measures imposed by paragraphs 7 to 12 of resolution 1572
               (2004) and the measures preventing the importation by any State of all rough
               diamonds from Côte d’Ivoire imposed by paragraph 6 of resolution 1643 (2005);
                    2.    Decides to review the measures renewed in paragraph 1 above in light of
               the progress achieved in the implementation of the key steps of the peace process
               and of the progress of the electoral process, as referred to in resolution 1826 (2008),
               by the end of the period mentioned in paragraph 1, and decides further to carry out
               during the period mentioned in paragraph 1 above:
                     (a) A review of the measures renewed in paragraph 1 above no later than
               three months after the holding of open, free, fair and transparent presidential
               elections in accordance with international standards; or
                    (b) A midterm review no later than 30 April 2009 if no review has been
               scheduled on the basis of paragraph 2 (a) of this resolution at that date;
                     3.    Calls upon the Ivorian parties to the Ouagadougou Political Agreement
               and all States, in particular those in the subregion, to fully implement the measures
               renewed in paragraph 1 above, including as appropriate by taking the necessary
               rules and regulations and calls also upon the United Nations Operation in Côte
               d’Ivoire (UNOCI) and the French forces which support it to bring their full support
               in particular to the implementation of the measures on arms renewed in paragraph 1,
               within their capacities and respective mandates, as determined in resolution 1739
               (2007) and renewed in resolution 1826 (2008);
                    4.   Reiterates its demand in particular that the Ivorian authorities take the
               necessary measures to put an immediate end to any violation of measures imposed
               by paragraph 11 of resolution 1572 (2004) including those violations mentioned by
               the Group of Experts in its reports dated 21 September 2007 (S/2007/611) and
               15 October 2008 (S/2008/598);
                     5.    Reiterates also its demand that the Ivorian parties to the Ouagadougou
               Political Agreement, in particular the Ivorian authorities, provide unhindered access,
               particularly to the Group of Experts established pursuant to paragraph 9 of
               resolution 1643 (2005), to equipment, sites and installations referred to in paragraph
               2 (a) of resolution 1584 (2005), when appropriate without notice and including
               those under the control of Republican guard units, and to UNOCI and the French
               forces which support it in order to carry out their respective mandates as set out in
               paragraphs 2 and 8 of resolution 1739 (2007) and renewed in resolution 1826
               (2008);
                     6.   Decides that any threat to the electoral process in Côte d’Ivoire, in
               particular any attack or obstruction of the action of the Independent electoral

2                                                                                08-57501

                                                                                S/RES/1842 (2008)

           Commission in charge of the organization of the elections or the action of the
           operators mentioned in paragraphs 1.3.3 and 2.1.1 of the Ouagadougou Political
           Agreement shall constitute a threat to the peace and national reconciliation process
           for the purposes of paragraphs 9 and 11 of resolution 1572 (2004);
                7.    Decides that any serious obstacle to the freedom of movement of UNOCI
           and of the French forces which support it, or any attack or obstruction of the action
           of UNOCI, of the French forces, of the Special Representative of the Secretary-General, of the Facilitator mentioned in paragraph 10 of resolution 1765 (2007) or
           his Special Representative in Côte d’Ivoire shall constitute a threat to the peace and
           national reconciliation process for the purposes of paragraphs 9 and 11 of resolution
           1572 (2004);
                 8.   Requests the Secretary-General and the French Government to report to it
           immediately, through the Committee, any serious obstacle to the freedom of
           movement of UNOCI and of the French forces which support it, including the
           names of those responsible, and requests also the Secretary-General and the
           Facilitator to report to it immediately, through the Committee, any attack or
           obstruction of their action or the action of the special Representatives mentioned in
           paragraph 6 above;
                9.   Requests all States concerned, in particular those in the subregion, to
           cooperate fully with the Committee, and authorizes the Committee to request
           whatever further information it may consider necessary;
                10. Decides to extend the mandate of the Group of Experts as set out in
           paragraph 7 of resolution 1727 (2006) until 31 October 2009 and requests the
           Secretary-General to take the necessary administrative measures;
                 11. Requests the Group of Experts to provide a midterm report to the
           Committee by 15 April 2009 and to submit a final written report to the Security
           Council through the Committee 15 days before the end of its mandated period, on
           the implementation of the measures imposed by paragraphs 7, 9 and 11 of resolution
           1572 (2004) and paragraph 6 of resolution 1643 (2005), as well as recommendations
           in this regard;
                12. Requests the Secretary-General to communicate as appropriate to the
           Security Council, through the Committee, information gathered by UNOCI and,
           where possible, reviewed by the Group of Experts, concerning the supply of arms
           and related materiel to Côte d’Ivoire;
                13. Requests also the French Government to communicate as appropriate to
           the Security Council, through the Committee, information gathered by the French
           forces and, where possible, reviewed by the Group of Experts, concerning the
           supply of arms and related materiel to Côte d’Ivoire;
                14. Requests also the Kimberley Process to communicate as appropriate to
           the Security Council, through the Committee, information which, where possible,
           has been reviewed by the Group of Experts, concerning the production and illicit
           export of diamonds;
                15. Urges all States, relevant United Nations bodies and other organizations
           and interested parties, including the Kimberley Process, to cooperate fully with the
           Committee, the Group of Experts, UNOCI and the French forces, in particular by
           supplying any information at their disposal on possible violations of the measures

08-57501                                                                                3

S/RES/1842 (2008)

               imposed by paragraphs 7, 9 and 11 of resolution 1572 (2004), paragraph 6 of
               resolution 1643 (2005) and reiterated in paragraph 1 above;
                    16. Underlines that it is fully prepared to impose targeted measures against
               persons to be designated by the Committee who are determined to be, among other
               things:
                    (a) A threat to the peace and national reconciliation process in Côte d’Ivoire,
               in particular by blocking the implementation of the peace process as referred to in
               the Ouagadougou Political Agreement;
                     (b) Attacking or obstructing the action of UNOCI, of the French forces
               which support it, of the Special Representative of the Secretary-General, of the
               Facilitator or his Special Representative in Côte d’Ivoire;
                     (c) Responsible for obstacles to the freedom of movement of UNOCI and of
               the French forces which support it;
                   (d) Responsible for serious violations of human rights and international
               humanitarian law committed in Côte d’Ivoire;
                    (e)   Inciting publicly hatred and violence;
                    (f) Acting in violation of the measures imposed by paragraph 7 of resolution
               1572 (2004);
                    17.   Decides to remain actively seized of the matter.

4                                                                                08-57501

Security Council resolution 1842 (2008) [on extension of measures imposed by Security Council resolutions 1572 (2004) and 1643 (2005) on sanctions against Côte d'Ivoire and on extension of the mandate of the UN Group of Experts]

UN Operation in Côte d'Ivoire|UN. Group of Experts Established pursuant to Paragraph 7 of Security Council Resolution 1584 (2005)|Côte d'Ivoire. Independent Electoral Commission|UN. Special Representative of the Secretary-General for Côte d'Ivoire|Facilitator of the Peace Process in Côte d'Ivoire|UN. Security Council Committee Established pursuant to Resolution 1572 (2004) concerning Côte d'Ivoire|Côte d'Ivoire. Independent Electoral Commission|Kimberley Process|Ouagadougou Political Agreement (2007)|Charter of the United Nations (1945). Chapter VII|SANCTIONS|ARMS EMBARGO|INTERNAL SECURITY|PEACEBUILDING|ELECTIONS|CÔTE D'IVOIRE|SANCTIONS COMPLIANCE|REPORT PREPARATION|TRAVEL RESTRICTIONS|PEACEKEEPING OPERATIONS|ELECTION VERIFICATION|MILITARY PERSONNEL|FRANCE|FREEDOM OF MOVEMENT|CONFLICT DIAMONDS|HUMAN RIGHTS VIOLATIONS

S/63 [196] CÔTE D'IVOIRE--POLITICAL CONDITIONS
S/63 [198] UN OPERATION IN CÔTE D'IVOIRE


               United Nations                                                                  S/RES/1843 (2008)
               Security Council                                                Distr.: General
                                                                               20 November 2008

               Resolution 1843 (2008)
               Adopted by the Security Council at its 6018th meeting, on
               20 November 2008
                    The Security Council,
                    Recalling its previous resolutions and statements of its President concerning
               the Democratic Republic of the Congo, in particular resolutions 1794 (2007) and
               1756 (2007) and the statement of its President dated 29 October 2008
               (S/PRST/2008/40),
                     Expressing its strong support to the United Nations Organization Mission in
               the Democratic Republic of the Congo (MONUC) in its efforts to restore peace in
               the Kivus and taking note of the letter addressed by the Secretary-General to the
               President of the Security Council dated 31 October 2008 (S/2008/703) requesting
               additional capacities for MONUC in order to ensure the effective implementation of
               its mandate,
                    Recalling that under resolution 1794 (2007) the mandate of MONUC expires
               on 31 December 2008 and looking forward to the report and recommendations of
               the Secretary-General regarding MONUC’s mandate and reconfiguration,
                     Reaffirming its commitment to respect the sovereignty, territorial integrity and
               political independence of the Democratic Republic of the Congo,
                    Reiterating its condemnation of the resurgence of violence in the eastern
               region of the Democratic Republic of the Congo and demanding all parties to
               immediately respect a ceasefire,
                     Welcoming the appointment of former Nigerian President Olusegun Obasanjo
               by the Secretary-General as his Special Envoy for the Great Lakes Region and
               calling on all parties to the conflict to cooperate with him in finding an urgent
               political solution to the crisis,
                     Expressing its extreme concern at the deteriorating humanitarian situation and
               in particular the targeted attacks against the civilian population, sexual violence,
               recruitment of child soldiers and summary executions, considering that this situation
               should be addressed as a matter of urgency,
                     Urging all parties to ensure timely, safe and unhindered access of all
               humanitarian actors and to comply fully with their obligations under international
               law, including international humanitarian law, human rights law and refugee law,

08-61143 (E)
*0861143*

S/RES/1843 (2008)

                    Determining that the situation in the Democratic Republic of the Congo
               continues to pose a threat to international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Decides to authorize, as recommended by the Secretary-General in his
               letter dated 31 October 2008 (S/2008/703), a temporary increase of MONUC’s
               authorized military strength by up to 2,785 military personnel, and the strength of
               its formed police unit by up to 300 personnel;
                     2.   Authorizes the immediate deployment of those additional capacities until
               31 December 2008 and expresses its intention to extend this authorization on the
               occasion of MONUC’s mandate renewal, underlining that the duration of stay of the
               additional forces will depend on the security situation in the Kivus;
                    3.    Stresses that this temporary increase in personnel aims at enabling
               MONUC to reinforce its capacity to protect civilians, to reconfigure its structure and
               forces and to optimize their deployment;
                      4.   Underscores the importance of MONUC implementing its mandate in
               full, including through robust rules of engagement;
                    5.  Emphasizes that MONUC will be reviewed in view of the recent
               developments by 31 December 2008;
                    6.    Decides to remain actively seized of the matter.

2                                                                                08-61143

Security Council resolution 1843 (2008) [on authorization of the temporary increase in the authorized military and formed police strength of the UN Organization Mission in the Democratic Republic of the Congo (MONUC)]

Congo, The Democratic Republic of the|Congo|Niger|Nigeria

UN Organization Mission in the Democratic Republic of the Congo|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|INTERNAL SECURITY|NORD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|SUD-KIVU (DEMOCRATIC REPUBLIC OF THE CONGO)|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION

S/63 [102] DEMOCRATIC REPUBLIC OF THE CONGO SITUATION
S/63 [105] UN ORGANIZATION MISSION IN THE DEMOCRATIC REPUBLIC OF THE CONGO


               United Nations                                                                  S/RES/1844 (2008)
               Security Council                                                Distr.: General
                                                                               20 November 2008

               Resolution 1844 (2008)
               Adopted by the Security Council at its 6019th meeting, on
               20 November 2008

                    The Security Council,
                     Recalling its previous resolutions concerning the situation in Somalia, in
               particular resolution 733 (1992), resolution 751 (1992), resolution 1356 (2001),
               resolution 1425 (2002), resolution 1519 (2003), resolution 1676 (2006), resolution
               1725 (2006), resolution 1744 (2007), resolution 1772 (2007), resolution 1801
               (2008), resolution 1811 (2008), and resolution 1814 (2008), and the statements of its
               President, in particular those of 13 July 2006 (S/PRST/2006/31), 22 December 2006
               (S/PRST/2006/59), 30 April 2007 (S/PRST/2007/13), and 14 June 2007
               (S/PRST/2007/19), and recalling also its resolution 1730 (2006) on general issues
               relating to sanctions,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                    Underlining the importance of providing and maintaining stability and security
               throughout Somalia,
                     Reaffirming its condemnation of all acts of violence in Somalia and incitement
               to violence inside Somalia, and expressing its concern at all acts intended to prevent
               or block a peaceful political process,
                     Expressing its grave concern over the recent increase in acts of piracy and
               armed robbery at sea against vessels off the coast of Somalia, and noting the role
               piracy may play in financing embargo violations by armed groups, as described in
               the statement of 9 October 2008 by the Chairman of the Committee established
               pursuant to resolution 751 (1992) (hereinafter “the Committee”) to the Security
               Council,
                     Emphasizing the continued contribution made to Somalia’s peace and security
               by the arms embargo imposed by paragraph 5 of resolution 733 (1992), as
               elaborated and amended by resolutions 1356 (2001), 1425 (2002), 1725 (2006),
               1744 (2007) and 1772 (2007), and reiterating its demand that all Member States, in
               particular those in the region, comply fully with the requirements of these
               resolutions,

08-61131 (E)
*0861131*

S/RES/1844 (2008)

                     Recalling its intention, outlined in paragraph 6 of resolution 1814 (2008), to
               take measures against those who seek to prevent or block a peaceful political
               process, or those who threaten the Transitional Federal Institutions (TFIs) of
               Somalia or the African Union Mission in Somalia (AMISOM) by force, or take
               action that undermines stability in Somalia or the region,
                    Further recalling its intention to strengthen the effectiveness of the United
               Nations arms embargo on Somalia, outlined in paragraph 7 of resolution 1814
               (2008), and to take measures against those who breach the arms embargo, and those
               who support them in doing so,
                     Recalling also its request, outlined in paragraphs 6 and 7 of resolution 1814
               (2008), to the Committee to provide recommendations on specific targeted measures
               to be imposed against such individuals or entities,
                  Taking note of the letter of 1 August 2008 from the Vice-Chairman of the
               Committee to the President of the Security Council,
                     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 all Member States shall take the necessary measures to
               prevent the entry into or transit through their territories of individuals designated by
               the Committee pursuant to paragraph 8 below, provided that nothing in this
               paragraph shall oblige a State to refuse its own nationals entry into its territory;
                    2.    Decides that the measures imposed by paragraph 1 above shall not apply:
                     (a) where the Committee determines on a case-by-case basis that such travel
               is justified on the grounds of humanitarian need, including religious obligation; or
                    (b) where the Committee determines on a case-by-case basis that an
               exemption would otherwise further the objectives of peace and national
               reconciliation in Somalia and stability in the region;
                     3.    Decides that all Member States shall freeze without delay the funds,
               other financial assets and economic resources which are on their territories, which
               are owned or controlled, directly or indirectly, by the individuals or entities
               designated by the Committee pursuant to paragraph 8 below, or by individuals or
               entities acting on their behalf or at their direction, or by entities owned or controlled
               by them, as designated by the Committee, and decides further that all Member
               States shall ensure that any funds, financial assets or economic resources are
               prevented from being made available by their nationals or by any individuals or
               entities within their territories, to or for the benefit of such individuals or entities;
                    4.    Decides that the measures imposed by paragraph 3 above do not apply to
               funds, other financial assets or economic resources that have been determined by
               relevant Member States:
                     (a) to be necessary for basic expenses, including payment for foodstuffs, rent
               or mortgage, medicines and medical treatment, taxes, insurance premiums, and
               public utility charges or exclusively for payment of reasonable professional fees and
               reimbursement of incurred expenses associated with the provision of legal services,
               or fees or service charges, in accordance with national laws, for routine holding or

2                                                                                08-61131

                                                                                S/RES/1844 (2008)

           maintenance of frozen funds, other financial assets and economic resources, after
           notification by the relevant State to the Committee of the intention to authorize,
           where appropriate, access to such funds, other financial assets or economic
           resources, and in the absence of a negative decision by the Committee within three
           working days of such notification;
                (b) to be necessary for extraordinary expenses, provided that such
           determination has been notified by the relevant State or Member States to the
           Committee and has been approved by the Committee; or
                 (c) to be the subject of a judicial, administrative or arbitral lien or
           judgement, in which case the funds, other financial assets and economic resources
           may be used to satisfy that lien or judgement provided that the lien or judgement
           was entered into prior to the date of the present resolution, is not for the benefit of a
           person or entity designated pursuant to paragraph 3 above, and has been notified by
           the relevant State or Member States to the Committee;
                 5.    Decides that Member States may permit the addition to the accounts
           frozen pursuant to the provisions of paragraph 3 above of interests or other earnings
           due on those accounts or payments due under contracts, agreements or obligations
           that arose prior to the date on which those accounts became subject to the provisions
           of this resolution, provided that any such interest, other earnings and payments
           continue to be subject to these provisions and are frozen;
                6.    Reaffirms the general and complete arms embargo against Somalia
           imposed by resolution 733 (1992), as elaborated and amended by resolutions 1356
           (2001), 1425 (2002), 1725 (2006), 1744 (2007) and 1772 (2007);
                 7.   Decides that all Member States shall take the necessary measures to
           prevent the direct or indirect supply, sale or transfer of weapons and military
           equipment and the direct or indirect supply of technical assistance or training,
           financial and other assistance including investment, brokering or other financial
           services, related to military activities or to the supply, sale, transfer, manufacture,
           maintenance or use of weapons and military equipment, to the individuals or entities
           designated by the Committee pursuant to paragraph 8 below;
                 8.   Decides that the provisions of paragraphs 1, 3 and 7 above shall apply to
           individuals, and that the provisions of 3 and 7 above shall apply to entities,
           designated by the Committee;
                 (a) as engaging in or providing support for acts that threaten the peace,
           security or stability of Somalia, including acts that threaten the Djibouti Agreement
           of 18 August 2008 or the political process, or threaten the TFIs or AMISOM by
           force;
                 (b) as having acted in violation of the general and complete arms embargo
           reaffirmed in paragraph 6 above;
                (c) as obstructing the delivery of humanitarian assistance to Somalia, or
           access to, or distribution of, humanitarian assistance in Somalia;
                9.   Decides that the measures outlined in paragraphs 1, 3 and 7 above cease
           to apply in respect of such individuals or entities if, and at such time as the
           Committee removes them from the list of designated individuals and entities;

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S/RES/1844 (2008)

                    10. Underlines the importance of co-ordination by the Committee with other
               United Nations Sanctions Committees and with the Special Representative of the
               Secretary-General;
                     11. Decides further to expand the mandate of the Committee as set out in
               resolution 751(1992) to include the following tasks:
                     (a) to monitor, with the support of the Monitoring Group established
               pursuant to resolution 1519 (2003), implementation of the measures imposed in
               paragraphs 1, 3 and 7 above, in addition to the general and complete arms embargo
               reaffirmed in paragraph 6 above;
                    (b) to seek from all Member States, in particular those in the region,
               information regarding the actions taken by them to implement effectively the
               measures imposed by paragraphs 1, 3 and 7 above and whatever further information
               it may consider useful in this regard;
                    (c) to examine information regarding alleged violations of measures imposed
               by paragraphs 1, 3 and 7 above, paragraph 5 of resolution 733 (1992) and
               paragraphs 1 and 2 of resolution 1425 (2002), and take appropriate action if
               necessary;
                    (d) to designate individuals and entities pursuant to paragraphs 3 and 8
               above, upon the request of Member States as referred to in paragraph 12 below;
                    (e) to consider and decide upon requests for exemptions set out in
               paragraphs 2 and 4 above;
                    (f) to review regularly the list of individuals and entities designated by the
               Committee pursuant to paragraphs 3 and 8 above, with a view to keeping the list as
               updated and accurate as possible and to confirm that listing remains appropriate, and
               to encourage Member States to provide any additional information whenever such
               information becomes available;
                    (g) to report at least every 120 days to the Security Council on its work and
               on the implementation of this resolution, with its observations and
               recommendations, in particular on ways to strengthen the effectiveness of the
               measures imposed by paragraphs 1, 3 and 7 above;
                     (h) to identify possible cases of non-compliance with the measures pursuant
               to paragraphs 1, 3, and 7 above and to determine the appropriate course of action on
               each case, and requests the Chairman, in periodic reports to the Council pursuant to
               paragraph 11 (g) above to provide progress reports on the Committee’s work on this
               issue;
                    (i) to amend its existing guidelines to facilitate the implementation of the
               measures imposed by this resolution and keep these guidelines under active review
               as may be necessary;

               Listing
                      12. Encourages Member States to submit to the Committee for inclusion on
               its list of designees, names of individuals or entities who meet the criteria set out in
               paragraph 8 above, as well as any entities owned or controlled, directly or indirectly,
               by the submitted individuals or entities or individuals or entities acting on behalf of
               or at the direction of the submitted entities;

4                                                                                08-61131

                                                                                S/RES/1844 (2008)

                 13. Decides that, when proposing names to the Committee for listing,
           Member States shall provide a detailed statement of case, together with sufficient
           identifying information to allow for the positive identification of individuals and
           entities by Member States, and decides further that for each such proposal Member
           States shall identify those parts of the statement of case that may be publicly
           released, including for use by the Committee for development of the summary
           described in paragraph 14 below or for the purpose of notifying or informing the
           listed individual or entity, and those parts which may be released upon request to
           interested States;
                  14. Directs the Committee in coordination with the relevant designating
           States and with the assistance of the Monitoring Group, after a name is added to the
           list, to make accessible on the Committee’s website a narrative summary of reasons
           for listing;
                 15. Decides that the Secretariat shall, after publication but within one week
           after a name is added to the list of individuals and entities, notify the Permanent
           Mission of the country or countries where the individual or entity is believed to be
           located and, in the case of individuals, the country of which the person is a national
           (to the extent this information is known) and to include with this notification a copy
           of the publicly releasable portion of the statement of case, any information on
           reasons for listing available on the Committee’s website, a description of the effects
           of designation, the Committee’s procedures for considering delisting requests, and
           the provisions regarding available exemptions;
                16. Demands that Member States receiving notification as in paragraph 15
           above take, in accordance with their domestic laws and practices, all possible
           measures to notify or inform in a timely manner the listed individual or entity of the
           designation, together with the information provided by the Secretariat as set out in
           paragraph 15 above;
                 17. Encourages Member States receiving notification as in paragraph 15
           above to inform the Committee on steps they have taken to implement the measures
           set out in paragraphs 1, 3 and 7 above;

           Delisting
                18. Welcomes the establishment within the Secretariat of the Focal Point,
           pursuant to resolution 1730 (2006), that provides listed individuals, groups,
           undertakings or entities with the option to submit a petition for de-listing directly to
           the Focal Point;
                19. Urges designating States and States of citizenship and residence to
           review de-listing petitions received through the Focal Point, in accordance with the
           procedures outlined in the annex to resolution 1730 (2006), in a timely manner and
           to indicate whether they support or oppose the request in order to facilitate the
           Committee’s review;
                20. Directs the Committee to consider requests, in accordance with its
           guidelines, for the removal from the Committee’s list of designees those who no
           longer meet the criteria pursuant to this resolution;
               21. Decides that the Secretariat shall, within one week after a name is
           removed from the Committee’s list of designees, notify the Permanent Mission of

08-61131                                                                                5

S/RES/1844 (2008)

               the country or countries where the individual or entity is believed to be located and,
               in the case of individuals, the country of which the person is a national (to the extent
               this information is known), and demands that States receiving such notification take
               measures, in accordance with their domestic laws and practices, to notify or inform
               the concerned individual or entity of the delisting in a timely manner;
                    22. Encourages the Committee to ensure that fair and clear procedures exist
               for placing individuals and entities on the Committee’s list of designees and for
               removing them as well as for granting humanitarian exemptions;
                    23. Decides that the mandate of the Monitoring Group, as set out in
               paragraph 3 of resolution 1811 (2008) shall also include the tasks outlined below:
                     (a) to assist the Committee in monitoring implementation of this resolution
               by providing any information on violations, of the measures imposed in paragraphs
               1, 3 and 7 above, in addition to the general and complete arms embargo reaffirmed
               in paragraph 6 above;
                    (b) to include in its reports to the Committee any information relevant to the
               Committee’s designation of the individuals and entities described in paragraph 8
               above;
                    (c) to assist the Committee in compiling narrative summaries referred to in
               paragraph 14 above;
                   24. Reminds all Member States of their obligation to implement strictly the
               measures imposed by this and all relevant resolutions;
                    25. Decides that all Member States shall report to the Committee within
               120 days of the adoption of this resolution on the steps they have taken with a view
               to implementing effectively paragraphs 1 to 7 above;
                    26. Decides to review the measures outlined in paragraphs 1, 3 and 7 above,
               within 12 months;
                    27.   Decides to remain actively seized of the matter.

6                                                                                08-61131

Security Council resolution 1844 (2008) [on arms embargo against Somalia and on further measures on individuals and entities designated by the Security Council Committee Established pursuant to Resolution 751 (1992)]

UN. Security Council Committee Established pursuant to Resolution 751 (1992) concerning Somalia|African Union Mission in Somalia|Somalia. Transitional Federal Institutions|UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009)|UN. Special Representative of the Secretary-General for Somalia and Head of the United Nations Political Office for Somalia|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|ARMS EMBARGO|SOMALIA|SOMALIA SITUATION|SANCTIONS COMPLIANCE|TRAVEL RESTRICTIONS|FROZEN ASSETS|ARMS TRANSFERS|NOTIFICATION (INTERNATIONAL RELATIONS)|PERMANENT MISSIONS|COORDINATION WITHIN UN SYSTEM|FOCAL POINTS|GUIDELINES