Resolution 2259 (2015) Adopted by the Security Council at its 7598th meeting, on 23 December 2015
The Security Council,
Recalling its resolution 1970 (2011) and all its subsequent resolutions on Libya,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,
Calling on all parties to armed conflict to take all appropriate steps to protect civilians, and recalling that all parties to armed conflict must comply strictly with the obligations applicable to them under international humanitarian, human rights and refugee law,
Welcoming the efforts of the United Nations Support Mission in Libya (UNSMIL) and the Special Representative of the Secretary-General to facilitate a Libyan-led political solution to address the political, security, economic and institutional crises facing Libya, including through the formation of a Government of National Accord,
Welcoming the signing on 17 December 2015 of the Libyan Political Agreement of Skhirat, Morocco by the majority of the Libyan delegates to the UN‑facilitated political dialogue, and by a wide range of representatives of Libyan society, municipal leaders and heads of political parties, and recognizing the contribution of Member States to host and support the meetings of that dialogue, including the countries of the region in particular the Kingdom of Morocco for its efforts in advancing the Agreement, including through hosting the Libyan Political Dialogue,
Recognising the importance of the continued inclusiveness of the Libyan Political Agreement, and taking note of the letter circulated as document S/2015/1018,
Strongly encouraging in this regard all parties in Libya to seize this historic opportunity to be part of and to engage constructively with the Agreement, in good faith and with sustained political will,
Recognizing the need for assistance planning for a Government of National Accord and security arrangements, and recalling that Member States at the Rome Conference on 13 December 2015 underlined their commitment to provide technical, economic, security and counter-terrorism assistance,
Expressing concern at the grave humanitarian situation in Libya and encouraging Member States to respond generously to the Libya Humanitarian Response Plan for 2016,
Welcoming the efforts made by all participants in the UN-facilitated Libyan Political Dialogue and other tracks of the peace process, including the contributions of civil society, tribal leaders, local-level ceasefires, prisoner exchanges and the return of internally displaced persons,
Urging the full, equal and effective participation of women in all activities relating to the democratic transition, conflict resolution and peacebuilding in line with relevant Security Council resolutions, including resolutions 1325 (2000), 2122 (2013), and 2242 (2015), and in this regard welcoming the UN facilitation of meetings of women’s participation within the framework of the Political Dialogue,
Recalling resolution 2214 (2015) and condemning the terrorist acts being committed in Libya by groups proclaiming allegiance to Islamic State in Iraq and the Levant (ISIL, also known as Da’esh) including those committed by individuals, groups, undertakings and entities designated as associated with ISIL or Al-Qaida by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee (the Committee) and further reiterating grave concern about the negative impact of their presence, violent extremist ideology and deadly actions in Libya, neighbouring States, and the region,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights, refugee and humanitarian law, threats to international peace and security caused by terrorist acts, including those committed by groups proclaiming allegiance to ISIL in Libya, and recalling, in this regard, the obligations under resolution 2253 (2015), and urging all Member States to actively cooperate in this regard with the Government of National Accord and provide support as requested,
Condemning any engagement in direct or indirect trade, in particular of oil and oil products, modular refineries, and related materiel including chemicals and lubricants, with ISIL, and other individuals, groups, undertakings, and entities designated as associated with ISIL or Al-Qaida by the Committee, and reiterating that such engagement would constitute support for such individuals, groups, undertakings, and entities and may lead to further listings by the Committee,
Expressing its concern about the problem of smuggling oil products from Libya and calling on all Member States to cooperate with the Government of National Accord,
Reiterating its grave concern at the recent proliferation of, and endangerment of lives by, the smuggling of migrants in the Mediterranean Sea, in particular off the coast of Libya and into and through Libyan territory, recalling its resolution 2240 (2015) which condemns all acts of migrant smuggling and human trafficking into, through and from Libyan territory and off the coast of Libya, and urging all Member States to cooperate with the Government of National Accord to tackle this issue,
Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians,
Recalling its decision in resolution 1970 (2011) to refer the situation in Libya to the Prosecutor of the International Criminal Court and affirming the importance of the Government of National Accord’s full cooperation with the International Criminal Court and the Prosecutor,
Expressing deep concern at the threat posed by unsecured arms and ammunition in Libya and their proliferation, which undermines stability in Libya and the region, including through transfer to terrorist and violent extremist groups, and underlining the importance of coordinated international support to the Government of National Accord and the region to address these issues,
Further recalling the arms embargo, travel ban, assets freeze and measures concerning illicit oil exports which were imposed and modified by resolutions 1970 (2011), 1973 (2011), 2009 (2011), 2040 (2012), 2095 (2013), 2144 (2014), 2146 (2014), 2174 (2014) 2213 (2015) (the Measures), and that the mandate of the Panel of Experts established by paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012), 2146 (2014) and 2174 (2014) was extended until 30 April 2016 by resolution 2213 (2015),
Encouraging the Government of National Accord to implement measures to increase transparency of government revenues and expenditures, including salaries, subsidies, and other transfers from the Central Bank of Libya, to ensure the long-term sustainability of Libya’s financial resources,
Expressing concern about activities which could damage the integrity and unity of Libyan State financial institutions and the National Oil Company, highlighting the importance of these institutions continuing to function for the benefit of all Libyans, and stressing the need for the Government of National Accord to exercise sole and effective oversight over the National Oil Company, the Central Bank of Libya, and the Libyan Investment Authority as a matter of urgency, without prejudice to future constitutional arrangements pursuant to the Libyan Political Agreement,
Emphasizing the need for all parties to comply with their obligations under international humanitarian law and to respect the United Nations guiding principles of humanitarian emergency assistance,
Recalling its determination in resolution 2238 (2015) that the situation in Libya constitutes a threat to international peace and security,
1. Welcomes the signature on 17 December 2015 of the Libyan Political Agreement of Skhirat, Morocco to form a Government of National Accord consisting of the Presidency Council and Cabinet supported by the other institutions of state including the House of Representatives and State Council;
2. Welcomes the formation of the Presidency Council and calls upon it to work expeditiously within the 30 days stated in the Libyan Political Agreement to form a Government of National Accord, and to finalise interim security arrangements necessary for stabilising Libya, and in this regard calls upon Member States to respond urgently to requests from it for assistance;
3. Endorses the Rome Communiqué of 13 December 2015 to support the Government of National Accord as the sole legitimate government of Libya, stresses that a Government of National Accord that should be based in the capital Tripoli is urgently needed to provide Libya with the means to maintain governance, promote stability and economic development, and expresses its determination in this regard to support the Government of National Accord;
4. Requests that all Member States fully support the efforts of the Special Representative of the Secretary-General and work with the Libyan authorities and UNSMIL to develop a coordinated package of support to build the capacity of the Government of National Accord, in line with Libyan priorities and in response to requests for assistance;
5. Calls upon Member States, particularly those in the region, to continue to urge all parties in Libya to engage constructively with the Government of National Accord and all other institutions included in the Libyan Political Agreement and calls upon Member States to cease support to and official contact with parallel institutions that claim to be the legitimate authority but are outside of the Agreement as specified by it;
6. Calls upon all Member States to respond urgently to requests for assistance from the Government of National Accord for the implementation of the Libyan Political Agreement;
7. Reiterates its support for the ongoing deliberations of the UN facilitated security track of the political dialogue to finalise security arrangements, and urges existing militias and armed groups to respect the authority of the Government of National Accord and its command structures;
8. Emphasises the importance of the Government of National Accord exercising control over, and safely storing arms in Libya with the support of the international community;
9. Further calls upon the Government of National Accord to protect the integrity and unity of the National Oil Company, the Central Bank of Libya and the Libyan Investment Authority, and for these institutions to accept the authority of the Government of National Accord;
10. Confirms that those individuals and entities engaging in or providing support for acts that threaten the peace, stability or security of Libya, or that obstruct or undermine the successful completion of the political transition to a stable, secure and prosperous Libya under a Government of National Accord, must be held strictly accountable, and in this regard, recalls the travel ban and asset freeze measures reaffirmed in paragraph 11 of resolution 2213 (2015);
11. Requests that the Committee be prepared to list individuals, groups, undertakings and entities in Libya associated with Al-Qaida or ISIL;
12. Urges Member States to swiftly assist the Government of National Accord in responding to threats to Libyan security and to actively support the new government in defeating ISIL, groups that have pledged allegiance to ISIL, Ansar Al Sharia, and all other individuals, groups, undertakings and entities associated with Al-Qaida operating in Libya, upon its request;
13. Calls upon the Government of National Accord to promote and protect human rights of all individuals within its territory and subject to its jurisdiction, including those of women, children and people belonging to vulnerable groups, and to comply with its obligations under international law;
14. Calls upon the Government of National Accord to hold to account those responsible for violations of international humanitarian law and violations and abuses of human rights, including those involving sexual violence, and to co-operate fully with and provide any necessary assistance to the International Criminal Court and the Prosecutor as required by resolution 1970 (2011) and recalled by resolution 2238 (2015);
15. Recalls resolution 2240 (2015) and urges Member States to cooperate with the Government of National Accord, and with each other, including by sharing information about acts of migrant smuggling and human trafficking in Libya’s territorial sea, on the high seas off the coast of Libya and rendering assistance to migrants and victims of human trafficking recovered at sea, in accordance with international law;
16. Requests that the Secretary-General continue to maintain the necessary flexibility and mobility to adjust UNSMIL staffing and operations at short notice in order to support, as appropriate and in accordance with its mandate, implementation by Libya of agreements and confidence-building measures or in response to their expressed needs, and further requests the Secretary-General to keep the Security Council informed in his reports prior to any such adjustments;
17. Affirms its readiness to review the appropriateness of the Measures, including the strengthening, modification, suspension or lifting of the Measures, and its readiness to review the mandate of UNSMIL, as may be needed at any time in light of developments in Libya, particularly outcomes of the UN-facilitated dialogue;
18. Calls upon all parties to cooperate fully with the activities of UNSMIL, including allowing it free interaction with all interlocutors and to take necessary steps to ensure the security of as well as the unhindered movement and timely access for the UN and associated personnel;
19. Requests the Secretary-General to report to the Security Council as appropriate on implementation of the Libyan Political Agreement, including acts that disrupt or prevent its implementation;
20. Decides to remain actively seized of the matter.
Resolution 2258 (2015) Adopted by the Security Council at its 7595th meeting, on 22 December 2015
The Security Council,
Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013), 2139 (2014), 2165 (2014), 2175 (2014), 2191 (2014), 2209 (2015), 2235 (2015) and 2254 (2015), and its Presidential Statements of 3 August 2011 (S/PRST/2011/16), 21 March 2012 (S/PRST/2012/6), 5 April 2012 (S/PRST/2012/10), 2 October 2013 (S/PRST/2013/15), 24 April 2015 (S/PRST/2015/10) and 17 August 2015 (S/PRST/2015/15),
Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Syria, and to the purposes and principles of the Charter of the United Nations,
Expressing outrage at the unacceptable and escalating level of violence and the killing of over a quarter of a million people, including tens of thousands of child casualties, as a result of the Syrian conflict,
Gravely distressed by the continued deterioration of the devastating humanitarian situation in Syria and by the fact that urgent humanitarian assistance, including medical assistance, is now required by more than 13.5 million people in Syria — of whom 6.5 million are internally displaced, 4.5 million are living in hard-to-reach areas, including Palestinian refugees, and 393,700 civilians are trapped in besieged areas,
Gravely concerned at the lack of effective implementation of its resolutions 2139 (2014), 2165 (2014), and 2191 (2014) and recalling in this regard the legal obligations of all parties under international humanitarian law and international human rights law, as well as all the relevant decisions of the Security Council, including by ceasing all attacks against civilians and civilian objects, including those involving attacks on schools, medical facilities and the deliberate interruptions of water supply, the indiscriminate use of weapons, including artillery, barrel bombs and air strikes, indiscriminate shelling by mortars, car bombs, suicide attacks and tunnel bombs, as well as the use of starvation of civilians as a method of combat, including by the besiegement of populated areas, and the widespread use of torture, ill-treatment, arbitrary executions, extrajudicial killings, enforced disappearances, sexual and gender-based violence, as well as all grave violations and abuses committed against children,
Expressing its grave concern that areas of Syria are under the control of the Islamic State in Iraq and the Levant (ISIL, also known as Daesh), and Al Nusrah Front (ANF) and about the negative impact of their presence, violent extremist ideology and actions on stability in Syria and the region, including the devastating humanitarian impact on the civilian populations which has led to the displacement of hundreds of thousands of people, reaffirming its resolve to address all aspects of the threat posed by ISIL (also known as Daesh), ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and other terrorist groups, as determined by the United Nations Security Council, and as may further be agreed by the International Syria Support Group (ISSG) and endorsed by the UN Security Council, and calling for the full implementation of Security Council resolutions 2170 (2014), 2178 (2014), 2199 (2015), 2249 (2015) and 2253 (2015), and noting its Presidential Statements of 28 July 2014 (S/PRST/2014/14), 19 November 2014 (S/PRST/2014/23), and 29 May 2015 (S/PRST/2015/11),
Expressing grave concern also at the movement of foreign terrorist fighters and other terrorists and terrorist groups into and out of Syria and reiterating its call on all States to take steps, consistent with international law, to prevent and suppress the flow of foreign terrorist fighters to ISIL, ANF and all other individuals, groups, undertakings and entities associated with ISIL or Al-Qaida, and other terrorist groups, as determined by the United Nations Security Council, and as may further be agreed by the International Syria Support Group (ISSG) and endorsed by the UN Security Council,
Reaffirming the primary responsibility of the Syrian authorities to protect the population in Syria and, reiterating that parties to armed conflict must take all feasible steps to protect civilians, and recalling in this regard its demand that all parties to armed conflict comply fully with the obligations applicable to them under international law related to the protection of civilians in armed conflict, including journalists, media professionals and associated personnel,
Strongly condemning the arbitrary detention and torture of individuals in Syria, notably in prisons and detention facilities, as well as the kidnappings, abductions, hostage taking and forced disappearances, and demanding the immediate end of these practices and the release of all arbitrarily detained persons starting with women and children, as well as sick, wounded and elderly people including United Nations and humanitarian personnel and journalists,
Recalling its strong condemnation in resolution 2175 (2014) of all forms of violence and intimidation to which those participating in humanitarian operations are increasingly exposed, as well as attacks on humanitarian convoys and acts of destruction and looting of their assets, and its urging of all parties involved in an armed conflict to promote the safety, security and freedom of movement of humanitarian personnel, including medical personnel and humanitarian personnel exclusively engaged in medical duties, and United Nations and its associated personnel and their assets, expressing its admiration at the dedication and commitment of the Syrian Red Crescent volunteers, and other humanitarian workers operating in deeply challenging conditions, and urging all parties to take all appropriate steps to ensure the safety and security of United Nations and associated personnel, those of its specialized agencies, and all other personnel engaged in humanitarian relief activities,
Noting that, despite all the challenges, since the adoption of resolution 2165 (2014), the United Nations and their implementing partners continue to deliver life-saving assistance to millions of people in need in Syria through humanitarian aid delivered across borders, including the delivery of food assistance for over 2.4 million people; non-food items for 1.6 million people; medical supplies for 4.1 million treatments, and water and sanitation supplies for over 1.3 million people,
Deeply disturbed by the decline in the number of people reached with humanitarian assistance in hard-to-reach and besieged areas, and expressing grave alarm at the dire situation of the 393,700 civilians trapped in besieged areas in the Syrian Arab Republic, and noting in this regard that in 2015, the United Nations has only been able to reach 3.5 per cent of people in besieged areas with health assistance and 0.7 per cent of people with food assistance per month,
Expressing grave concern at all instances of hindrances to the effective delivery of humanitarian assistance, noting that ISIL (also known as Daesh), ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, are hindering the effective delivery of humanitarian assistance, including to nearly half of the people in hard-to-reach areas and over half of the people in besieged areas, and are responsible for preventing aid delivery through deliberate interference and obstruction,
Expressing further grave concern at the continuing and growing impediments to the delivery of humanitarian assistance across conflict lines, including through a decline in convoy approvals by the Syrian authorities, and noting in this regard that as of 31 October, only 27 out of the 91 inter-agency requests made in 2015 by the United Nations had been approved in principle by the Syrian authorities, and that between 2013 and 2015, the percentage of inter-agency convoys approved in principle declined from 65 per cent to 29 per cent,
Expressing grave concern that access to medical care continues to be severely restricted, and reiterating the need to respect the principle of medical neutrality, facilitate free passage to all areas for medical personnel, equipment, transport and supplies, including surgical items,
Reaffirming the need to support the United Nations and their implementing partners in their efforts to expand the delivery of humanitarian assistance to reach all people in need in Syria, and further reaffirming its decision in resolution 2165 (2014) that all Syrian parties to the conflict shall enable the immediate and unhindered delivery of humanitarian assistance directly to people throughout Syria, by the United Nations and their implementing partners, on the basis of United Nations assessments of need and devoid of any political prejudices and aims, including by immediately removing all impediments to the provision of humanitarian assistance,
Expressing its interest in receiving more detailed information from the UN Secretary-General on the delivery of humanitarian assistance by the United Nations and their implementing partners, in accordance with UNSC Resolution 2165,
Expressing its appreciation for the work of the United Nations monitoring mechanism in monitoring shipments and confirming their humanitarian nature, in accordance with resolutions 2165 (2014) and 2191 (2014), and commending the mechanism’s efforts in facilitating cross-border delivery of humanitarian aid by the United Nations and their implementing partners, and encouraging the United Nations and their implementing partners to continue to take steps to scale up humanitarian deliveries into hard-to-reach and besieged areas, including by using, as effectively as possible, border crossings under resolution 2165 (2014),
Recalling the need for all parties to respect the relevant provisions of international humanitarian law and the United Nations guiding principles of humanitarian emergency assistance, and emphasising the importance of upholding the principles of humanity, neutrality, impartiality and independence in the provision of humanitarian assistance, and recalling also the importance of humanitarian deliveries reaching their intended beneficiaries,
Noting the role that ceasefire agreements which are consistent with humanitarian principles and international humanitarian law can play in facilitating the delivery of humanitarian assistance in order to help save civilian lives, and welcoming in this regard recent progress on ceasefire agreements in Syria that have benefited the humanitarian situation,
Expressing grave concern at the more than 4.2 million refugees, including more than 3.2 million women and children, who have fled Syria as a result of ongoing violence, and recognizing that the continued deterioration of the humanitarian situation in Syria is further contributing to the movement of refugees and poses risks to regional stability,
Reiterating its deep appreciation for the significant and admirable efforts that have been made by the countries of the region, notably Lebanon, Jordan, Turkey, Iraq and Egypt, to accommodate Syrian refugees, including the approximately 1.8 million refugees who have fled Syria since the adoption of resolution 2139 (2014), and mindful of the immense costs and social challenges incurred by these countries as a consequence of the crisis,
Noting with concern that the international response to the Syrian and regional crisis continues to fall short of meeting the needs as assessed by host governments and the United Nations, therefore urging once again all Member States, based on burden-sharing principles, to support the United Nations and the countries of the region, including by adopting medium and long-term responses to alleviate the impact on communities, providing increased, flexible and predictable funding as well as increasing resettlement efforts, and taking note in this regard of the Berlin Communiqué of 28 October 2014, and welcoming the announcement of the Syria Donors Conference in London, which will be generously hosted by the United Kingdom, Germany, Norway, Kuwait and the United Nations in early February 2016,
Noting with grave concern that impunity in Syria contributes to widespread violations and abuses of human rights and violations of international humanitarian law, stressing the need to end impunity for these violations and abuses, and re‑emphasizing in this regard the need that those who have committed or are otherwise responsible for such violations and abuses in Syria must be brought to justice,
Emphasizing that the humanitarian situation will continue to deteriorate further in the absence of a political solution to the crisis,
Determining that the deteriorating humanitarian situation in Syria continues to constitute a threat to peace and security in the region,
Underscoring that Member States are obligated under Article 25 of the Charter of the United Nations to accept and carry out the Council’s decisions,
1. Demands that all parties, in particular the Syrian authorities, immediately comply with their obligations under international law, including international humanitarian law and international human rights law as applicable, and further demands the full and immediate implementation of all the provisions of Security Council resolutions 2139 (2014), 2165(2014), and 2191 (2014), and noting the Presidential Statements of 2 October 2013 (S/PRST/2013/15), 24 April 2015 (S/PRST/2015/10) and 17 August 2015 (S/PRST/2015/15) and recalls that some of the violations and abuses committed in Syria may amount to war crimes and crimes against humanity;
2. Decides to renew the decisions in paragraphs two and three of Security Council resolution 2165 (2014) for a further period of twelve months, that is, until
10 January 2017;
3. Requests the Syrian authorities to expeditiously respond to all requests for cross-line deliveries submitted by the United Nations and their implementing partners, and to give such requests positive consideration;
4. Reiterates that the situation will continue to deteriorate further in the absence of a political solution to the Syrian conflict and emphasises the need to fully implement the Geneva Communiqué of 30 June 2012 endorsed as annex II of its resolution 2118 (2013), the Joint Statement on the outcome of the multilateral talks on Syria in Vienna of 30 October 2015 and the Statement of the International Syria Support Group (ISSG) of 14 November 2015;
5. Requests the Secretary-General to report to the Council on the implementation of this resolution, and on compliance by all relevant parties in Syria, within the framework of its reporting on resolutions 2139 (2014), 2165 (2014) and 2191 (2014), and further requests the Secretary-General to include in his reports overall trends in humanitarian access;
6. Reaffirms that it will take further measures under the Charter of the United Nations in the event of non-compliance with this resolution or resolutions 2139 (2014), 2165 (2014) and 2191 (2014);
7. Decides to remain actively seized of the matter.
Resolution 2257 (2015) Adopted by the Security Council at its 7594th meeting, on 22 December 2015
The Security Council,
Noting with concern that the situation in the Middle East is tense and is likely to remain so, unless and until a comprehensive settlement covering all aspects of the Middle East problem can be reached,
Having considered the report of the Secretary-General on the United Nations Disengagement Observer Force (UNDOF) of 3 December 2015 (S/2015/930), and also reaffirming its resolution 1308 (2000) of 17 July 2000,
Stressing that both parties must abide by the terms of the 1974 Disengagement of Forces Agreement between Israel and the Syrian Arab Republic and scrupulously observe the ceasefire,
Concurring with the Secretary-General’s findings that the ongoing military activities conducted by any actor in the area of separation continue to have the potential to escalate tensions between Israel and the Syrian Arab Republic, jeopardize the ceasefire between the two countries, and pose a risk to the local civilian population and United Nations personnel on the ground,
Expressing grave concern at all violations of the Disengagement of Forces Agreement,
Stressing that there should be no military forces in the area of separation other than those of UNDOF,
Strongly condemning the continued fighting in the area of separation, calling on all parties to the Syrian domestic conflict to cease military actions in the UNDOF area of operations and to respect international humanitarian law,
Condemning the use of heavy weapons by both the Syrian armed forces and armed groups in the ongoing Syrian conflict in the area of separation, including the use of tanks by the Syrian armed forces and opposition during clashes,
Echoing the Secretary-General’s call upon all parties to the Syrian domestic conflict to cease military actions throughout the country, including in the UNDOF area of operations,
Reaffirming its readiness to consider listing individuals, groups, undertakings, and entities providing support to ISIL or to the Al-Nusra Front, including those who are financing, arming, planning, or recruiting for ISIL or the Al-Nusra Front and all other individuals, groups, undertakings, and entities associated with ISIL and Al‑Qaida under the ISIL (Da’esh) and Al-Qaida sanctions regime, including those participating in or otherwise supporting attacks against UN peacekeepers,
Recognizing the necessity of efforts to flexibly adjust UNDOF’s posture on a temporary basis to minimize the security risk to UN personnel as UNDOF continues to implement its mandate, while emphasizing that the ultimate goal is for the peacekeepers to return to their positions in UNDOF’s area of operations as soon as practicable,
Emphasizing the importance of Security Council and Troop Contributing Countries having access to reports and information related to UNDOF’s current temporary configuration, and reinforcing that such information assists the Security Council with evaluating, mandating, and reviewing UNDOF and with effective consultation with Troop Contributing Countries,
Underscoring the need for UNDOF to have at its disposal all necessary means and resources to carry out its mandate safely and securely, including technology and equipment to enhance its observation of the area of separation and the ceasefire line, and to improve force protection, as appropriate, and recalling that the theft of United Nations weapons and ammunition, vehicles and other assets, and the looting and destruction of United Nations facilities, are unacceptable,
Expressing its profound appreciation to UNDOF’s military and civilian personnel, including those from Observer Group Golan, for their service and continued contribution, in an increasingly challenging operating environment, underscoring the important contribution UNDOF’s continued presence makes to peace and security in the Middle East, welcoming steps taken to enhance the safety and security of UNDOF, including Observer Group Golan, personnel, and stressing the need for continued vigilance to ensure the safety and security of UNDOF and Observer Group Golan personnel,
Strongly condemning incidents threatening the safety and security of United Nations personnel in recent months,
Expressing its appreciation to UNDOF for the efforts made to upgrade and expand its positions on Mount Hermon, including the establishment of a new position.
1. Calls upon the parties concerned to implement immediately its resolution 338 (1973) of 22 October 1973;
2. Stresses the obligation on both parties to scrupulously and fully respect the terms of the 1974 Disengagement of Forces Agreement, calls on the parties to exercise maximum restraint and prevent any breaches of the ceasefire and the area of separation, encourages the parties to take advantage of UNDOF’s liaison function regularly to address issues of mutual concern, as appropriate, and underscores that there should be no military activity of any kind in the area of separation, including military operations by the Syrian Arab Armed Forces;
3. Underlines that there should be no military activity of the armed opposition groups in the area of separation, and urges Member States to convey strongly to the Syrian armed opposition groups in UNDOF’s area of operations to halt all activities that endanger United Nations peacekeepers on the ground and to accord the United Nations personnel on the ground the freedom to carry out their mandate safely and securely;
4. Calls on all groups other than UNDOF to abandon all UNDOF positions and the Quneitra crossing point, and return the peacekeepers’ vehicles, weapons, and other equipment;
5. Calls on all parties to cooperate fully with the operations of UNDOF, to respect its privileges and immunities and to ensure its freedom of movement, as well as the security of and unhindered and immediate access for the United Nations personnel carrying out their mandate, including the unimpeded delivery of UNDOF equipment and the temporary use of alternative ports of entry and departure, as required, to ensure safe and secure troop rotation and resupply activities, in conformity with existing agreements, and urges prompt reporting by the Secretary-General to the Security Council and troop-contributing countries of any actions that impede UNDOF’s ability to fulfil its mandate;
6. Recognizes the need to put in place efficient temporary procedures for UNDOF personnel crossing between the Alpha and Bravo sides in the absence of the established crossing at Quneitra, and in this regard, calls on the parties to constructively engage with UNDOF, with the understanding that the Quneitra crossing will be re-opened as soon as security conditions permit;
7. Welcomes the efforts being undertaken by the United Nations Disengagement Observer Force to implement the Secretary-General’s zero-tolerance policy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code of conduct, requests the Secretary-General to continue to take all necessary action in this regard and to keep the Security Council informed, and urges troop-contributing countries to take preventive and disciplinary action to ensure that such acts are properly investigated and punished in cases involving their personnel;
8. Decides to renew the mandate of the United Nations Disengagement Observer Force for a period of six months, that is, until 30 June 2016, and requests the Secretary-General to ensure that UNDOF has the required capacity and resources to fulfil the mandate in a safe and secure way;
9. Requests the Secretary-General to report every 90 days on developments in the situation and the measures taken to implement resolution 338 (1973);
10. Further requests that the next report of the Secretary-General provide an assessment of UNDOF’s equipment, resources, and requirements with respect to maximizing the force’s effectiveness in its current temporary configuration, as well as UNDOF’s strategy for augmenting these capabilities should a return to vacated positions in the area of separation become possible.
Resolution 2256 (2015) Adopted by the Security Council at its 7593rd meeting, on 22 December 2015
The Security Council,
Reaffirming its determination to combat impunity for all those responsible for serious international crimes and the necessity of all persons indicted by the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the former Yugoslavia (ICTY) being brought to justice,
Recalling its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004, and in particular, 1966 (2010) of 22 December 2010, which inter alia established the International Residual Mechanism for Criminal Tribunals (“the Mechanism”),
Taking into account the assessments by the ICTY and the ICTR in their Completion Strategy Reports (S/2015/874 and S/2015/884), and the updated trial and appeals schedules,
Welcoming the arrest in the Democratic Republic of the Congo (“DRC”) on 8 December 2015 of Ladislas Ntaganzwa, indicted by the ICTR, while noting with concern that many genocide suspects continue to elude justice, including the remaining eight fugitives indicted by the ICTR,
Taking note of the letter to the President of the Council from the Secretary-General dated 28 October 2015 (S/2015/825), attaching a letter from the President of the ICTY dated 1 October 2015,
Noting also the concerns expressed by the President of the ICTY about staffing, and reaffirming that staff retention is essential for the most expeditious completion of the ICTY’s work,
Recalling also its previous resolutions on the extension of the terms of office of the permanent and ad litem judges of the ICTY, who are members of the Trial Chambers and the Appeals Chamber,
Further recalling its resolution 2193 (2014) adopted on 18 December 2014,
Having regard to Article 16 of the Statute of the ICTY,
Having considered the nomination by the Secretary-General to reappoint Mr. Serge Brammertz as Prosecutor of the ICTY (S/2015/969),
Taking note of the regular report on the progress of the work of the Mechanism dated 17 November 2015 (S/2015/883),
Further noting with concern that the Mechanism faces problems in the relocation of acquitted persons and convicted persons who have completed serving their sentences, and emphasizing the importance of the successful relocation of such persons,
Noting the referral of cases of Laurent Bucyibaruta, Wenceslas Munyeshyaka, Jean Uwinkindi and Bernard Munyagishari to national jurisdictions, pursuant to Rule 11 bis of the Rules of Procedure and Evidence of the ICTR, and emphasizing the importance of continuing monitoring progress in referred cases, as well as the goal of achieving the completion of all referred cases at the earliest possible time,
Further noting that the initial period of the operation of the Mechanism, as set out by resolution 1966 (2010), ends on 30 June 2016, and that the Mechanism shall continue to operate for subsequent periods of two years following a review by the Council of the progress of its work, unless the Council decides otherwise,
Recalling its review of the progress of the work of the Mechanism, including in completing its functions, pursuant to paragraph 17 of resolution 1966 (2010) and carried out in accordance with the procedure set out in the statement of its President of 16 November 2015 (S/PRST/2015/21), including the report of the Mechanism on the progress of its work in the initial period, dated 20 November 2015 (S/2015/896),
Acting under Chapter VII of the Charter of the United Nations,
1. Welcomes the completion of the judicial work of the ICTR following delivery of its last judgment on 14 December 2015, and the impending closure of the ICTR set for 31 December 2015;
2. Acknowledges the substantial contribution of the ICTR to the process of national reconciliation and the restoration of peace and security, and to the fight against impunity and the development of international criminal justice, especially in relation to the crime of genocide;
3. Reiterates its request to the ICTY to complete its work and facilitate the closure of the Tribunal as expeditiously as possible with the aim of completing the transition to the Mechanism, and expresses its continued concern over repeated delays in the conclusion of the Tribunal’s work, in light of resolution 1966 (2010), which requested the Tribunal to complete its trial and appeals proceedings by 31 December 2014;
4. Underlines that States should cooperate fully with the ICTY, as well as with the Mechanism;
5. Decides to extend the term of office of the following permanent and ad litem judges at the ICTY, who are members of the Trial Chambers and the Appeals Chamber, until 31 March 2016 or until the completion of the cases to which they are or will be assigned, if sooner:
Jean-Claude Antonetti (France)
Melville Baird (Trinidad and Tobago)
O-Gon Kwon (Republic of Korea)
Flavia Lattanzi (Italy)
Howard Morrison (United Kingdom)
Mandiaye Niang (Senegal)
6. Decides to extend the term of office of the following permanent judge at the ICTY, who is a member of the Appeals Chamber, until 30 June 2016 or until the completion of the cases to which he is or will be assigned, if sooner:
Koffi Kumelio A. Afande (Togo)
7. Decides to extend the term of office of the following permanent and ad litem judges at the ICTY, who are members of the Trial Chambers, until 31 October 2016 or until the completion of the cases to which they are or will be assigned, if sooner:
Burton Hall (The Bahamas)
Guy Delvoie (Belgium)
Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)
8. Decides to extend the terms of office of the following permanent judges at the ICTY, who are members of the Trial Chambers and the Appeals Chamber, until 31 December 2016 or until the completion of the cases to which they are or will be assigned, if sooner:
Carmel Agius (Malta)
Liu Daqun (China)
Christoph Flügge (Germany)
Theodor Meron (United States of America)
Bakone Justice Moloto (South Africa)
Alphons Orie (The Netherlands)
Fausto Pocar (Italy)
9. Decides to reappoint Mr. Serge Brammertz as Prosecutor of the ICTY, notwithstanding the provisions of Article 16, paragraph 4, of the Statute of the ICTY related to the length of the term office of the Prosecutor, for a term with effect from 1 January 2016 until 31 December 2016, which is subject to earlier termination by the Security Council upon the completion of the work of the ICTY;
10. Renews its call on the ICTY, in light of resolution 1966 (2010), to redouble its efforts to review its projected case completion dates with a view towards shortening them as appropriate and to prevent any additional delays;
11. Requests the Office of Internal Oversight Services (OIOS) to carry out an evaluation with respect to the methods and work of the ICTY, in the context of the implementation of the Completion Strategy pursuant to resolution 1966 (2010), and to present its report by 1 June 2016, and further requests the ICTY to report on implementation of any OIOS recommendations in its next six-monthly report thereafter to the Council on progress towards implementation of the ICTY Completion Strategy;
12. Commends States that have accepted the relocation of acquitted persons or convicted persons who have completed serving their sentences to their territories, and reiterates its call upon all States to cooperate with and render all necessary assistance to the Mechanism, for increased efforts towards the relocation of acquitted persons and convicted persons who have completed serving their sentences;
13. Urges all States, especially States where fugitives are suspected to be at large, to intensify their cooperation with and render all necessary assistance to the Mechanism, in particular to achieve the arrest and surrender of all remaining fugitives indicted by the ICTR as soon as possible;
14. Urges the DRC to transfer Ladislas Ntaganzwa for trial without delay or conditions;
15. Urges the Mechanism to continue monitoring the cases of Laurent Bucyibaruta, Wenceslas Munyeshyaka, Jean Uwinkindi and Bernard Munyagishari, which were referred to national jurisdictions;
16. Emphasizes that, in view of the substantially reduced nature of the residual functions, the Mechanism was established to be a small, temporary and efficient structure, whose functions and size will diminish over time, with a small number of staff commensurate with its reduced functions, and, recognizing in this regard the full commitment to these elements expressed by the Mechanism, urges the Mechanism to continue to be guided in its activities by these elements;
17. Welcomes the report (S/2015/896) and supplementary information submitted by the Mechanism to the Council pursuant to its Presidential Statement (S/PRST/2015/21) for the purposes of the review of the progress of the work of the Mechanism, including in completing its functions, as required by paragraph 17 of resolution 1966 of 22 December 2010;
18. Takes note of the work of the Mechanism to date, in particular development of a legal and regulatory framework, procedures, and working practices consistent with the Statute of the Mechanism and drawing on lessons learned from and best practices of the ICTY and ICTR and of other tribunals, including its implementation of the double-hatting of personnel, use of rosters to ensure judges and staff are utilized only when required, enabling judges and staff to work remotely to the maximum extent possible, and minimizing the need for full bench participation in pre-trial and pre-appeal hearing work, in order to produce substantial reductions in the costs of judicial activities compared to those of the ICTY and ICTR, and commends the Mechanism for its efforts to produce such reductions;
19. Notes further the views and recommendations made with regard to the Mechanism’s work by the Council’s Informal Working Group on International Tribunals, as reflected in this resolution, and requests the Mechanism to take into account those views and implement the recommendations, and to continue to take steps, such as those referred to in paragraph 18, to further enhance efficiency and effective and transparent management, in particular full implementation of the outstanding recommendations of the OIOS; production of more focused projections of completion timelines and disciplined adherence thereto, including by making the best use of the diverse approaches of common law and civil law systems; enhancement of the geographic diversity and gender balance of staff, while ensuring continued professional expertise; implementation of a human resources policy consistent with its temporary mandate; and further reduction of costs, including through, but not limited to, flexible staff engagement;
20. Further requests the Mechanism to include in its six-monthly reports to the Council information on progress achieved in implementing this resolution, as well as detailed information on the staffing of the Mechanism, respective workload and related costs with breakdown by division and detailed projections of the duration of residual functions based on available data;
21. Further notes the conclusion of the Council’s review of the progress of the work of the Mechanism, including in completing its functions, during its initial period, pursuant to resolution 1966 (2010);
22. Recalls, with a view to strengthening independent oversight of the Mechanism, that, as set out in its Presidential Statement of 16 November 2015 (S/PRST/2015/21), future reviews carried out pursuant to paragraph 17 of resolution 1966 (2010) shall include evaluation reports sought from the OIOS with respect to the methods and work of the Mechanism;
23. Encourages the Mechanism and the Government of Rwanda to collaborate on matters related to the legacy of the ICTR with respect to reconciliation and justice in Rwanda, including in respect of access to archives;
24. Decides to remain seized of the matter.
Resolution 2255 (2015) Adopted by the Security Council at its 7590th meeting, on 21 December 2015
The Security Council,
Recalling its previous resolutions on international terrorism and the threat it poses to Afghanistan, in particular its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), 2082 (2012), 2083 (2012), 2133 (2014), and 2160 (2014) and the relevant statements of its President,
Recalling its previous resolutions extending through 17 March 2016 the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) as defined in resolution 2210 (2015),
Recalling its resolutions on the recruitment and use of children and armed conflict, expressing its strong concern about the security situation in Afghanistan, in particular the ongoing violent and terrorist activities by the Taliban, Al-Qaida, and other violent and extremist groups, illegal armed groups, criminals and those involved in the narcotics trade, and the strong links between terrorism and insurgency activities and illicit drugs, resulting in threats to the local population, including children, national security forces and international military and civilian personnel,
Expressing concern at the increasing presence and future potential growth of ISIL affiliates in Afghanistan,
Welcoming the establishment of a National Focal Point in Afghanistan as a means to enhance engagement and coordination with the Committee established in paragraph 35 of resolution 1988 (“the Committee”) and underscoring the importance of close cooperation between the Government of Afghanistan and the Committee and encouraging further efforts in this regard.
Welcoming the process by which Afghanistan and its regional and international partners are entering into long-term strategic partnership and other agreements aimed at achieving a peaceful, stable and prosperous Afghanistan,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Stressing the importance of a comprehensive political process in Afghanistan to support reconciliation among all Afghans,
Recognizing that the security situation in Afghanistan has evolved and that some members of the Taliban have reconciled with the Government of Afghanistan, have rejected the terrorist ideology of Al-Qaida and its followers, and support a peaceful resolution to the continuing conflict in Afghanistan,
Recognizing that, notwithstanding the evolution of the situation in Afghanistan and progress in reconciliation, the situation in Afghanistan remains a threat to international peace and security, and reaffirming the need to combat this threat by all means, in accordance with the Charter of the United Nations and international law, including applicable human rights, refugee and humanitarian law, stressing in this regard the important role the United Nations plays in this effort,
Emphasizing the need for a comprehensive approach to fully disrupt the activities of the Taliban and recognizing the important role that this sanctions regime can play in this regard,
Reiterating its firm commitment to support the Government of Afghanistan in its efforts to advance the peace and reconciliation process, including by the High Peace Council and the implementation of the Afghanistan Peace and Reconciliation Programme, in line with the Kabul Communiqué and the Bonn Conference Conclusions, and within the framework of the Afghan Constitution and application of the procedures introduced by the Security Council in its resolutions 1988 (2011), 2082 (2012), and 2160 (2014), as well as other relevant resolutions of the Council,
Welcoming the decision taken by some members of the Taliban to reconcile with the Government of Afghanistan, to have no links to international terrorist organizations, including Al-Qaida, to respect the constitution, including its human rights provisions, notably the rights of women, and to support a peaceful resolution to the continuing conflict in Afghanistan, and urging all those individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan, to accept the Government of Afghanistan’s offer of reconciliation,
Emphasizing its serious concern about the security situation in Afghanistan, in particular the ongoing violent and terrorist activities by the Taliban and associated groups, including the Haqqani Network, and by Al-Qaida, and other violent and extremist groups, illegal armed groups, criminals and those involved in terrorism and the illicit brokering in arms and related material and arms trafficking in the production, trafficking or trade of illicit drugs, and the strong links between terrorism and insurgency activities and illicit drugs, resulting in threats to the local population, including women, children, national security forces and international military and civilian personnel, including humanitarian and development workers,
Expressing concern at the use of improvised explosive devices (IEDs) by the Taliban against civilians and the Afghanistan National Defence and Security Forces and noting the need to enhance coordination and information-sharing, both between Member States and with the private sector, to prevent the flow of IED components to the Taliban,
Also expressing concern over the illicit flow of small arms and light weapons (SALW) into Afghanistan and emphasizing the need for enhancing control over the transfer of SALW in this regard,
Underscoring the importance of humanitarian aid operations and condemning all acts or threats of violence against United Nations staff and humanitarian actors and any politicization of humanitarian assistance by the Taliban and associated groups, or individuals,
Reiterating the need to ensure that the present sanctions regime contributes effectively to ongoing efforts to combat the insurgency and support the Government of Afghanistan’s work to advance reconciliation in order to bring about peace, stability, and security in Afghanistan,
Taking note of the Government of Afghanistan’s request that the Security Council support reconciliation, including by removing names from the United Nations sanctions lists for those who reconcile and have ceased to engage in or support activities that threaten the peace, stability and security of Afghanistan,
Expressing its intention to give due regard to lifting sanctions on those who reconcile,
Welcoming the briefings by the Afghan National Security Advisor and the High Peace Council to the Committee in March 2015 as a sign of close, ongoing cooperation between the Committee and the Government of Afghanistan and encouraging further close cooperation in this regard,
Stressing the central and impartial role that the United Nations continues to play in promoting peace, stability and security in Afghanistan, and expressing its appreciation and strong support for the ongoing efforts of the Secretary-General and his Special Representative for Afghanistan to assist the High Peace Council’s peace and reconciliation efforts,
Reiterating its support for the fight against illicit production and trafficking of drugs from, and chemical precursors to, Afghanistan, in neighbouring countries, countries on trafficking routes, drug destination countries and precursors producing countries and acknowledging that illicit proceeds of the drug trafficking significantly contribute to the financial resources of the Taliban and its associates,
Recognizing the threats that the Taliban, illegal armed groups and criminals involved in narcotics trade, and illicit exploitation of natural resources, continue to pose to the security and stability of Afghanistan and urges the Government of Afghanistan with the support of the international community to continue to address these threats,
Recalling its resolution 2133 (2014) and the publication by the Global Counterterrorism Forum (GCTF) of the “Algiers Memorandum on Good Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists”, strongly condemning incidents of kidnapping and hostage-taking committed by terrorist groups for any purpose, including with the aim of raising funds or gaining political concessions, expressing its determination to prevent kidnapping and hostage-taking committed by terrorist groups and to secure the safe release of hostages without ransom payments or political concessions, in accordance with applicable international law, calling upon all Member States to prevent terrorists from benefiting directly or indirectly from ransom payments or from politicalconcessions and to secure the safe release of hostages, and reaffirming the need for all Member States to cooperate closely during incidents of kidnapping and hostage-taking committed by terrorist groups,
Recalling concern at the increased use, in a globalized society, by terrorists and their supporters of new information and communications technologies, in particular the Internet, to facilitate terrorist acts, as well as their use to incite, recruit, fund, or plan terrorist acts,
Welcoming the efforts of the Secretariat to standardize the format of all United Nations sanctions lists to facilitate implementation by national authorities, further welcoming the Secretariat’s efforts to translate all list entries and narrative summaries of reasons for listing available in all official languages of the United Nations, including making the Afghanistan/Taliban sanctions list available in Dari and Pashtu,
Acting under Chapter VII of the Charter of the United Nations,
Measures
1. Decides that all States shall take the following measures with respect to individuals and entities designated prior to the date of adoption of resolution 1988 (2011) as the Taliban, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Committee established in paragraph 35 of resolution 1988 (“the Committee”), in the 1988 Sanction List, hereafter known as “the List”)”:
(a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons’ benefit, by their nationals or by persons within their territory;
(b) Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified, including where this directly relates to supporting efforts by the Government of Afghanistan to promote reconciliation;
(c) Prevent the direct or indirect supply, sale, or transfer to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities;
2. Decides that the acts or activities indicating that an individual, group, undertaking or entity is eligible for listing under paragraph 1 include:
(a) Participating in the financing, planning, facilitating, preparing or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;
(b) Supplying, selling or transferring arms and related materiel to;
(c) Recruiting for; or
(d) Otherwise supporting acts or activities of those designated and other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;
3. Confirms that any individual or any group, undertaking or entity owned or controlled, directly or indirectly by, or otherwise supporting, such an individual, group, undertaking or entity on the List, shall be eligible for listing;
4. Notes that such means of financing or support include but are not limited to the use of proceeds derived from crimes, including the illicit cultivation, production and trafficking of narcotic drugs originating in and transiting through Afghanistan, and trafficking of precursors into Afghanistan, and underscores the need to prevent those associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan from benefiting, directly or indirectly, from entities engaging in activities prohibited by this resolution, as well as the illegal exploitation of natural resources in Afghanistan;
5. Confirms that the requirements in paragraph 1 (a) above apply to all proposed uses of funds or other financial assets or economic resources in connection with the travel of a listed individual, including costs incurred with respect to transportation and lodging, and that such travel-related funds or other financial assets or economic resources may only be provided in accordance with the exemption procedures set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), and in paragraph 17 below;
6. Confirms that the requirements in paragraph 1 (a) above apply to financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting or related services, used for the support of those on this List, as well as other individuals, groups, undertakings or entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;
7. Confirms further that the requirements in paragraph 1 (a) above shall also apply to the direct or indirect payment of ransoms to or for the benefit of individuals, groups, undertakings or entities on the List, regardless of how or by whom the ransom is paid;
8. Decides that Member States may permit the addition to accounts frozen pursuant to the provisions of paragraph 1 above of any payment in favour of listed individuals, groups, undertakings or entities, provided that any such payments continue to be subject to the provisions in paragraph 1 above and are frozen;
9. Encourages all Member States to more actively submit to the Committee listing requests of individuals and entities supporting the Taliban, and associated individuals, groups, undertakings, and entities, including those who provide financial support;
10. Strongly urges all Member States to implement the comprehensive international standards embodied in the Financial Action Task Force’s (FATF) revised Forty Recommendations on Combating Money Laundering and the Financing of Terrorism and Proliferation;
11. Calls upon Member States to move vigorously and decisively to cut the flows of funds and other financial assets and economic resources to individuals and entities on the List, as required by paragraph 1 (a), taking into account relevant FATF Recommendations and international standards designed to prevent the abuse of
non-profit organizations, formal as well as informal/alternative remittance systems and the physical trans-border movement of currency, while working to mitigate the impact on legitimate activities through these mediums;
12. Urges Member States to promote awareness of the List as widely as possible, including to relevant domestic agencies, the private sector and the general public to ensure effective implementation of the measures in paragraph 1; and encourages Member States to urge that their respective company, property and other relevant public and private registries regularly screen their available databases, including but not limited to those with legal and/or beneficial ownership information, against the List;
13. Decides that States, in order to prevent those associated with the Taliban and other individuals, groups, undertakings and entities from obtaining, handling, storing, using or seeking access to all types of explosives, whether military, civilian or improvised explosives, as well as to raw materials and components that can be used to manufacture improvised explosive devices or unconventional weapons, including
(but not limited to) chemical components, detonators, or detonating cord, shall undertake appropriate measures to promote the exercise of enhanced vigilance by their nationals, persons subject to their jurisdiction and entities incorporated in their territory or subject to their jurisdiction that are involved in the production, sale, supply, purchase, transfer and storage of such materials, including through the issuance of good practices;
14. Strongly condemns the continued flow of weapons, including SALW, military equipment and IED components to the Taliban and expresses serious concern at the destabilizing impact of such weapons on the security and stability of Afghanistan, and emphasizing the need for enhancing control over the transfer of illicit SALW to in this regard, and further encourages Member States to share information, establish partnerships, and develop national strategies and capabilities to counter improvised explosive devices;
15. Encourages Member States to exchange information expeditiously with other Member States, in particular the Government of Afghanistan and States of origin, destination, and transit, and with the Committee, when they detect the travel of listed individuals;
16. Encourages Member States to consult the List when considering travel visa applications;
Exemptions
17. Recalls its decision that all Member States may make use of the provisions set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), regarding available exemptions with regard to the measures in paragraph 1 (a), encourages their use by Member States, and notes that the Focal Point mechanism established in resolution 1730 (2006) may receive exemption requests submitted by, or on behalf of, an individual, group, undertaking or entity on the List, or by the legal representative or estate of such individual, group, undertaking or entity, for Committee consideration, as described in paragraph 22 below;
18. Recalls its decision that the assets freeze measures outlined in paragraph 1 (a) do not apply to funds and other financial assets or economic resources that the relevant State determines to be:
(a) 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 for routine holding or maintenance of frozen funds or other financial assets or economic resources, following notification of intention to authorize access to such funds and in the absence of a negative decision by the Committee within three working days of the notification;
(b) necessary for extraordinary expenses, being expenses other than basic expenses, including funds to finance travel undertaken with an approved travel ban exemption request, following notification of the intention to authorize release of such funds and approval of the Committee of the request within five working days of the notification;
19. Underlines the importance of a comprehensive political process in Afghanistan to support peace and reconciliation among all Afghans, invites the Government of Afghanistan, in close coordination with the High Peace Council, to submit for the Committee’s consideration the names of listed individuals for whom it confirms travel to such specified location or locations is necessary to participate in meetings in support of peace and reconciliation, and requires such submissions to include, to the extent possible, the following information:
(a) The passport number or travel document number of the listed individual;
(b) The specific location or locations to which each listed individual is expected to travel and their anticipated transit points, if any;
(c) The period of time, not to exceed nine months, during which listed individuals are expected to travel;
(d) A detailed list of funds or other financial assets or economic resources expected to be necessary in connection with the travel of the listed individual, including costs incurred with respect to transportation and lodging, as the basis for an exemption request for extraordinary expenses;
20. Decides that the travel ban imposed by paragraph 1 (b) shall not apply to individuals identified pursuant to paragraph 19 above, where the Committee determines, on a case-by-case basis only, that such entry or transit is justified, further decides that any such exemption approved by the Committee shall only be granted for the requested period for any travel to the specified location or locations, directs the Committee to decide on all such exemption requests, as well as on requests to amend or renew previously granted exemptions, or on a request by any Member State to revoke previously granted exemptions, within ten days of receiving them, and affirms that, notwithstanding any exemption from the travel ban, listed individuals remain subject to the other measures outlined in paragraph 1 of this resolution;
21. Requests the Government of Afghanistan, through the Monitoring Team, to provide to the Committee, for its consideration and review, a report on each individual’s travel under a granted exemption, promptly upon the exemption’s expiration, and encourages relevant Member States to provide information to the Committee, as appropriate, on any instances of non-compliance;
22. Decides that the Focal Point mechanism established in resolution 1730 (2006) may:
(a) Receive requests from listed individuals, groups, undertakings, and entities for exemptions to the measures outlined in paragraph 1 (a) of this resolution, as defined in resolution 1452 (2002), provided that the request has first been submitted for the consideration of the State of residence, and reaffirms further that the Focal Point shall transmit such requests to the Committee for a decision, directs the Committee to consider such requests, including in consultation with the State of residence and any other relevant States, and further directs the Committee, through the Focal Point, to notify such individuals, groups, undertaking or entities of the Committee’s decision;
(b) Receive requests from listed individuals for exemptions to the measures outlined in paragraph 1 (b) of this resolution and transmit these to the Committee to determine, on a case-by-case basis, whether entry or transit is justified, directs the Committee to consider such requests in consultation with States of transit and destination and any other relevant States, and reaffirms further that the Committee shall only agree to exemptions to the measures in paragraph 1 (b) of this resolution with the agreement of the States of transit and destination, and further directs the Committee, through the Focal Point, to notify such individuals of the Committee’s decision;
Listing
23. Encourages all Member States, in particular the Government of Afghanistan, to submit to the Committee for inclusion on the List names of individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities described in paragraph 2 above;
24. Reaffirms that, when proposing names to the Committee for inclusion on the List, Member States shall use the standard form for listing and provide a statement of case, which should include as detailed and specific reasons as possible on the proposed basis for the listing, and as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings and entities, and to the extent possible, the information required by INTERPOL to issue a INTERPOL-United Nations Security Council Special Notice, and decides further that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 26 below;
25. Encourages Member States, in accordance with their national legislation, to submit to INTERPOL, where available, photographs and other biometric data of individuals for the inclusion in the INTERPOL-United Nations Security Council Special Notices, and directs the Monitoring Team to report to the Committee on further steps that could be taken to improve the quality of the 1988 Sanctions List, including by improving identifying information, as well as steps to ensure that INTERPOL-United Nations Security Council Special Notices exist for all listed individuals, groups, undertakings, and entities;
26. Directs the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to make accessible on the Committee’s website, at the same time a name is added to the List, a narrative summary of reasons for listing that are as detailed and specific as possible, as well as additional relevant information;
27. Calls upon all members of the Committee and the Monitoring Team to share with the Committee any appropriate information they may have available regarding a listing request from a Member State so that this information may help inform the Committee’s decision on listing and provide additional material for the narrative summary of reasons for listing described in paragraph 26;
28. Requests the Secretariat to publish on the Committee’s website all relevant publicly releasable information, including the narrative summary of reasons for listing, immediately after a name is added to the List;
29. Strongly urges Member States, when considering the proposal of a new listing, to consult with the Government of Afghanistan on the listing prior to submission to the Committee to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts, and encourages all Member States considering the proposal of a new listing to seek advice from UNAMA, where appropriate;
30. Decides that the Committee shall, after publication but within three working days after a name is added to the List, notify the Government of Afghanistan, the Permanent Mission of Afghanistan, and the Permanent Mission of the State(s) where the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of which the person is believed to be a national; and further decides that the relevant Member State(s) shall take all possible measures, in accordance with their domestic laws and practices, to notify or inform in a timely manner the listed individual or entity of the listing and to include with this notification the narrative summary of reasons for listing, a description of the effects of listing, as provided in the relevant resolutions, the Committee’s procedures for considering delisting requests, and the provisions of resolution 1452 (2002), as amended by resolution 1735 (2006), regarding available exemptions;
Delisting
31. Directs the Committee to remove expeditiously individuals and entities on a case-by-case basis that no longer meet the listing criteria outlined in paragraph 2 above, and requests that the Committee give due regard to requests for removal of individuals who have reconciled, in accordance with the 20 July 2010 Kabul Conference Communiqué on dialogue for all those who renounce violence, have no links to international terrorist organizations, including Al-Qaida, respect the constitution, including its human rights provisions, notably the rights of women, and are willing to join in building a peaceful Afghanistan, and as further elaborated in the principles and outcomes of the 5 December 2011 Bonn Conference Conclusions supported by the Government of Afghanistan and the international community;
32. Strongly urges Member States to consult with the Government of Afghanistan on their delisting requests prior to submission to the Committee, to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts;
33. Recalls its decision that individuals and entities seeking removal from the List without the sponsorship of a Member State are eligible to submit such requests to the Focal Point mechanism established in resolution 1730 (2006);
34. Encourages UNAMA to support and facilitate cooperation between the Government of Afghanistan and the Committee to ensure that the Committee has sufficient information to consider delisting requests, and directs the Committee to consider delisting requests in accordance with the following principles, where relevant:
(a) Delisting requests concerning reconciled individuals should, if possible, include a communication from the High Peace Council through the Government of Afghanistan confirming the reconciled status of the individual according to the reconciliation guidelines, or, in the case of individuals reconciled under the Strengthening Peace Programme, documentation attesting to their reconciliation under the previous programme, as well as current address and contact information;
(b) Delisting requests concerning individuals who formerly held positions in the Taliban regime prior to 2002 who no longer meet the listing criteria outlined in paragraph 2 of this resolution should, if possible, include a communication from the Government of Afghanistan confirming that the individual is not an active supporter of, or participant in, acts that threaten the peace, stability and security of Afghanistan, as well as current address and contact information;
(c) Delisting requests for reportedly deceased individuals should include an official statement of death from the State of nationality, residence, or other relevant State;
35. Urges the Committee, where appropriate, to invite a representative of the Government of Afghanistan to appear before the Committee to discuss the merits of listing or delisting certain individuals, groups, undertakings, and entities, including when a request by the Government of Afghanistan has been put on hold or rejected by the Committee;
36. Requests all Member States, but particularly the Government of Afghanistan, to inform the Committee if they become aware of any information indicating that an individual, group, undertaking or entity that has been delisted should be considered for listing under paragraph 1 of this resolution, and further requests that the Government of Afghanistan provide to the Committee an annual report on the status of reportedly reconciled individuals who have been delisted by the Committee in the previous year;
37. Directs the Committee to consider expeditiously any information indicating that a delisted individual has returned to activities set forth in paragraph 2, including by engaging in acts inconsistent with paragraph 31 of this resolution, and requests the Government of Afghanistan or other Member States, where appropriate, to submit a request to add that individual’s name back on the list;
38. Confirms that the Secretariat shall, as soon as possible after the Committee has made a decision to remove a name from the List, transmit the decision to the Government of Afghanistan and the Permanent Mission of Afghanistan for notification, and the Secretariat should also, as soon as possible, notify the Permanent Mission of the State(s) in which the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of nationality, and recalls its decision that States receiving such notification take measures, in accordance with domestic laws and practices, to notify or inform the concerned individual or entity of the delisting in a timely manner;
Review and maintenance of the List
39. Recognizes that the ongoing conflict in Afghanistan, and the urgency that the Government of Afghanistan and the international community attach to a peaceful political solution to the conflict, requires timely and expeditious modifications to the List, including the addition and removal of individuals and entities, urges the Committee to decide on listing and delisting requests in a timely manner, requests the Committee to review each entry on the list on a regular basis, including, as appropriate, by means of reviews of individuals considered to be reconciled, individuals whose entries lack identifiers, individuals reportedly deceased, and entities reported or confirmed to have ceased to exist, directs the Committee to review and amend its guidelines for such reviews, as appropriate, and requests the Monitoring Team to circulate to the Committee every twelve months a list compiled in consultation with the respective designating States and States of residence, in particular the Government of Afghanistan, as well as States of nationality, location or incorporation, where known, of:
(a) Individuals on the List whom the Afghan Government considers to be reconciled along with relevant documentation as outlined in paragraph 34 (a);
(b) Individuals and entities on the List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them;
(c) Individuals on the List who are reportedly deceased, along with an assessment of relevant information outlined in paragraph 34 (c) and to the extent possible, the status and location of frozen assets and the names of any individuals or entities who would be in a position to receive any unfrozen assets;
40. Directs the Committee to review whether these listings remain appropriate, and further directs the Committee to remove listings if it decides they are no longer appropriate;
41. Requests the Monitoring Team to provide an overview of the current status of the information included in the INTERPOL-United Nations Security Council Special Notices on a periodic basis, as appropriate;
42. Recalls that, with the exception of decisions made pursuant to paragraph 20 of this resolution, no matter shall be left pending before the Committee for a period longer than six months, urges Committee members to respond within three months,
43. Urges the Committee to ensure that there are fair and clear procedures for the conduct of its work, and directs the Committee to review its guidelines as soon as possible, in particular with respect to paragraphs 17, 21, 32, 33, 34 and 35;
44. Encourages Member States and relevant international organizations to send representatives to meet with the Committee to share information and discuss any relevant issues;
45. Encourages all Member States, in particular designating States and States of residence, nationality, location or incorporation, to submit to the Committee additional identifying and other information, including where available, and in accordance with their national legislation, photographs and other biometric data of individuals along with supporting documentation, on listed individuals, groups, undertakings and entities, including updates on the operating status of listed entities, groups and undertakings, the movement, incarceration or death of listed individuals and other significant events, as such information becomes available;
46. Directs the Committee to consider requests for information from States and international organizations with ongoing judicial proceedings concerning implementation of the measures imposed in paragraph 1, and to respond as appropriate with additional information available to the Committee and the Monitoring Team;
47. Directs the Monitoring Team to refer to the Chair for review listings for which, after three years, no relevant State has responded in writing to the Committee’s requests for information, and in this regard, reminds the Committee that its Chair, acting in his or her capacity as Chair, may submit names for removal from the List, as appropriate and subject to the Committee’s normal decision-making procedures;
Cooperation with the Government of Afghanistan
48. Welcomes periodic briefings from the Government of Afghanistan on the content of the list, as well as on the impact of targeted sanctions on deterring threats to the peace, stability and security of Afghanistan, and supporting Afghan-led reconciliation; and underlines that continued and close cooperation between the Government of Afghanistan and the Committee will contribute to further enhance efficiency and effectiveness of the regime;
49. Encourages continued cooperation among the Committee, the Government of Afghanistan, and UNAMA, including by identifying and providing detailed information regarding individuals and entities participating in the financing or support of acts or activities set forth in paragraph 2 of this resolution, and by inviting UNAMA representatives to address the Committee and further encourages UNAMA within its existing mandate, resources, and capacity to continue to provide logistical support and security assistance to the Monitoring Team for its work in Afghanistan;
50. Welcomes the Government of Afghanistan’s desire to assist the Committee in the coordination of listing and delisting requests and in the submission of all relevant information to the Committee;
Monitoring Team
51. Decides, in order to assist the Committee in fulfilling its mandate, that the 1267/1989 Monitoring Team, established pursuant to paragraph 7 of resolution 1526 (2004), shall also support the Committee for a period of twenty-four months from the date of expiration of the current mandate in December 2017, with the mandate set forth in the annex to this resolution, and further requests the Secretary-General to make the necessary arrangements to this effect, and highlights the importance of ensuring that the Monitoring Team receives the necessary administrative and substantive support, to effectively, safely and in a timely manner fulfil its mandate, including with regard to duty of care in high risk environments, under the direction of the Committee, a subsidiary organ of the Security Council;
52. Directs the Monitoring Team to gather information on instances of non‑compliance with the measures imposed in this resolution and to keep the Committee informed of such instances, as well as to facilitate, upon request by Member States, assistance on capacity-building, encourages Committee members to address issues of non-compliance and bring them to the attention of the Monitoring Team or the Committee, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;
Coordination and Outreach
53. Recognizes the need to maintain contact with relevant United Nations Security Council Committees, international organizations and expert groups, including the Committee established pursuant to resolution 1267 (1999), the Counter-Terrorism Committee (CTC), the United Nations Office of Drugs and Crime, the Counter-Terrorism Committee Executive Directorate (CTED), the Committee established pursuant to resolution 1540 (2004), and the Financial Action Task Force (FATF), particularly given the continuing presence and negative influence on the Afghan conflict by Al-Qaida, and any cell, affiliate, splinter group or derivative thereof;
54. Encourages UNAMA to provide assistance to the High Peace Council, at its request, to encourage listed individuals to reconcile;
55. Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members to enhance the full and effective implementation of the measures referred to in paragraph 1 above, with a view to encouraging States to comply fully with this resolution and resolutions.
56. Requests the Committee to report orally, through its Chair, once per year, to the Council on the state of the overall work of the Committee and the Monitoring Team, and further requests the Chair to hold annual briefings for all interested Member States;
Reviews
57. Decides to review the implementation of the measures outlined in this resolution in eighteen months and make adjustments, as necessary, to support peace and stability in Afghanistan;
58. Decides to remain actively seized of the matter.
Annex
In accordance with paragraph 51 of this resolution, the Monitoring Team shall operate under the direction of the Committee and shall have the following responsibilities:
(a) To submit, in writing, two annual comprehensive, independent reports to the Committee, on implementation by Member States of the measures referred to in paragraph 1 of this resolution, including specific recommendations for improved implementation of the measures and possible new measures;
(b) To assist the Committee in regularly reviewing names on the List, including by undertaking travel on behalf of the Committee as a subsidiary organ of the Security Council and contact with Member States, with a view to developing the Committee’s record of the facts and circumstances relating to a listing;
(c) To assist the Committee in following up on requests to Member States for information, including with respect to implementation of the measures referred to in paragraph 1 of this resolution;
(d) To submit a comprehensive programme of work to the Committee for its review and approval, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel on behalf of the Committee;
(e) To gather information on behalf of the Committee on instances of reported non-compliance with the measures referred to in paragraph 1 of this resolution, including by, but not limited to, collating information from Member States and engaging with related parties, pursuing case studies, both on its own initiative and upon the Committee’s request, and to provide recommendations to the Committee on such cases of non-compliance for its review;
(f) To present to the Committee recommendations, which could be used by Member States to assist them with the implementation of the measures referred to in paragraph 1 of this resolution and in preparing proposed additions to the List;
(g) To assist the Committee in its consideration of proposals for listing, including by compiling and circulating to the Committee information relevant to the proposed listing, and preparing a draft narrative summary referred to in paragraph 26 of this resolution;
(h) To bring to the Committee’s attention new or noteworthy circumstances that may warrant a delisting, such as publicly reported information on a deceased individual;
(i) To consult with Member States in advance of travel to selected Member States, based on its programme of work as approved by the Committee;
(j) To encourage Member States to submit names and additional identifying information for inclusion on the List, as instructed by the Committee;
(k) To consult with the Committee, the Government of Afghanistan, or any relevant Member States, as appropriate, when identifying individuals or entities that could be added to, or removed from, the List;
(l) To present to the Committee additional identifying and other information to assist the Committee in its efforts to keep the List as updated and accurate as possible;
(m) To collate, assess, monitor and report on and make recommendations regarding implementation of the measures, including by key Afghan government institutions and any capacity assistance requirements; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;
(n) To consult with Member States and other relevant organizations and bodies, including UNAMA and other United Nations agencies, and engage in regular dialogue with representatives in New York and in capitals, taking into account their comments, especially regarding any issues that might be reflected in the Monitoring Team’s reports referred to in paragraph (a) of this annex;
(o) To cooperate closely with the United Nations Office on Drugs and Crime (UNODC) and engage in a regular dialogue with Member States and other relevant organizations, including the Shanghai Cooperation Organization, the Collective Security Treaty Organization and the Combined Maritime Forces, on the nexus between narcotics trafficking and those individuals, groups, undertakings, and entities eligible for listing under paragraph 1 of this resolution, and report as requested by the Committee;
(p) To provide an update report to the special report of the Monitoring Team pursuant to resolution 2160 (2014) Annex (p), as part of its regular comprehensive reports;
(q) To consult with Member States’ intelligence and security services, including through regional forums, in order to facilitate the sharing of information and to strengthen enforcement of the measures;
(r) To consult with relevant representatives of the private sector, including financial institutions, to learn about the practical implementation of the assets freeze and to develop recommendations for the strengthening of that measure;
(s) To cooperate closely with the Al-Qaida Sanctions Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) and other relevant United Nations counter-terrorism bodies in providing information on the measures taken by Member States on kidnapping and hostage-taking for ransom and on relevant trends and developments in this area;
(t) To consult with the Government of Afghanistan, Member States, relevant representatives of the private sector, including financial institutions and relevant non-financial businesses and professions, and with relevant international organizations, including the Financial Action Task Force (FATF) and its regional bodies, to raise awareness of the sanctions and to assist in the implementation of the measures in accordance with FATF Recommendation 6 on asset freezing and its related guidance;
(u) To consult with the Government of Afghanistan, Member States, relevant representatives of the private sector and other international organizations, including International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA), the World Customs Organization (WCO), and INTERPOL to raise awareness of and learn about the practical implementation of the travel ban, including the use of advanced passenger information provided by civil aircraft operators to Member States, and assets freeze and to develop recommendations for the strengthening of the implementation of these measures;
(v) To consult with the Government of Afghanistan, Member States, international and regional organizations and relevant representatives of the private sector on the threat posed by improvised explosive devices (IEDs) to peace, security and stability in Afghanistan, to raise awareness of the threat and to develop, in line with their responsibilities under annex (a), recommendations for appropriate measures, to counter this threat;
(w) To work with relevant international and regional organizations in order to promote awareness of, and compliance with, the measures;
(x) To cooperate with INTERPOL and Member States to obtain photographs, physical descriptions and, in accordance with their national legislation, other biometric and biographic data of listed individuals when available for inclusion in INTERPOL-United Nations Security Council Special Notices and to exchange information on emerging threats;
(y) To assist other subsidiary bodies of the Security Council, and their expert panels, upon request, with enhancing their cooperation with INTERPOL, referred to in resolution 1699 (2006);
(z) To assist the Committee in facilitating assistance in capacity-building for enhancing implementation of the measures, upon request by Member States;
(aa) To report to the Committee, on a regular basis or when the Committee so requests, through oral and/or written briefings on the work of the Monitoring Team, including its visits to Member States and its activities;
(bb) To study and report to the Committee on the current nature of the threat of individuals, groups, undertakings and entities associated with the Taliban, in constituting a threat to the peace, stability and security of Afghanistan and the best measures to confront it, including by developing a dialogue with relevant scholars, academic bodies and experts according to the priorities identified by the Committee;
(cc) To gather information, including from the Government of Afghanistan and relevant Member States, on travel that takes place under a granted exemption, pursuant to paragraphs 19 and 20, and to report to the Committee, as appropriate; and
(dd) Any other responsibility identified by the Committee.
Resolution 2254 (2015) Adopted by the Security Council at its 7588th meeting, on 18 December 2015
The Security Council,
Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013), 2139 (2014), 2165 (2014), 2170 (2014), 2175 (2014), 2178 (2014), 2191 (2014), 2199 (2015), 2235 (2015), and 2249 (2015) and Presidential Statements of 3 August 2011 (S/PRST/2011/16), 21 March 2012 (S/PRST/2012/6), 5 April 2012 (S/PRST/2012/10), 2 October 2013 (S/PRST/2013/15), 24 April 2015 (S/PRST/2015/10) and 17 August 2015 (S/PRST/2015/15),
Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the Syrian Arab Republic, and to the purposes and principles of the Charter of the United Nations,
Expressing its gravest concern at the continued suffering of the Syrian people, the dire and deteriorating humanitarian situation, the ongoing conflict and its persistent and brutal violence, the negative impact of terrorism and violent extremist ideology in support of terrorism, the destabilizing effect of the crisis on the region and beyond, including the resulting increase in terrorists drawn to the fighting in Syria, the physical destruction in the country, and increasing sectarianism, and underscoring that the situation will continue to deteriorate in the absence of a political solution,
Recalling its demand that all parties take all appropriate steps to protect civilians, including members of ethnic, religious and confessional communities, and stresses that, in this regard, the primary responsibility to protect its population lies with the Syrian authorities,
Reiterating that the only sustainable solution to the current crisis in Syria is through an inclusive and Syrian-led political process that meets the legitimate aspirations of the Syrian people, with a view to full implementation of the Geneva Communiqué of 30 June 2012 as endorsed by resolution 2118 (2013), including through the establishment of an inclusive transitional governing body with full executive powers, which shall be formed on the basis of mutual consent while ensuring continuity of governmental institutions,
Encouraging, in this regard, the diplomatic efforts of the International Syria Support Group (ISSG) to help bring an end to the conflict in Syria,
Commending the commitment of the ISSG, as set forth in the Joint Statement on the outcome of the multilateral talks on Syria in Vienna of 30 October 2015 and the Statement of the ISSG of 14 November 2015 (hereinafter the “Vienna Statements”), to ensure a Syrian-led and Syrian-owned political transition based on the Geneva Communiqué in its entirety, and emphasizing the urgency for all parties in Syria to work diligently and constructively towards this goal,
Urging all parties to the UN-facilitated political process to adhere to the principles identified by the ISSG, including commitments to Syria’s unity, independence, territorial integrity, and non-sectarian character, to ensuring continuity of governmental institutions, to protecting the rights of all Syrians, regardless of ethnicity or religious denomination, and to ensuring humanitarian access throughout the country,
Encouraging the meaningful participation of women in the UN-facilitated political process for Syria,
Bearing in mind the goal to bring together the broadest possible spectrum of the opposition, chosen by Syrians, who will decide their negotiation representatives and define their negotiation positions so as to enable the political process to begin, taking note of the meetings in Moscow and Cairo and other initiatives to this end, and noting in particular the usefulness of the meeting in Riyadh on 9-11 December 2015, whose outcomes contribute to the preparation of negotiations under UN auspices on a political settlement of the conflict, in accordance with the Geneva Communique and the “Vienna Statements”, and looking forward to the Secretary-General’s Special Envoy for Syria finalizing efforts to this end,
1. Reconfirms its endorsement of the Geneva Communiqué of 30 June 2012, endorses the “Vienna Statements” in pursuit of the full implementation of the Geneva Communiqué, as the basis for a Syrian-led and Syrian-owned political transition in order to end the conflict in Syria, and stresses that the Syrian people will decide the future of Syria;
2. Requests the Secretary-General, through his good offices and the efforts of his Special Envoy for Syria, to convene representatives of the Syrian government and the opposition to engage in formal negotiations on a political transition process on an urgent basis, with a target of early January 2016 for the initiation of talks, pursuant to the Geneva Communiqué, consistent with the 14 November 2015 ISSG Statement, with a view to a lasting political settlement of the crisis;
3. Acknowledges the role of the ISSG as the central platform to facilitate the United Nations’ efforts to achieve a lasting political settlement in Syria;
4. Expresses its support, in this regard, for a Syrian-led political process that is facilitated by the United Nations and, within a target of six months, establishes credible, inclusive and non-sectarian governance and sets a schedule and process for drafting a new constitution, and further expresses its support for free and fair elections, pursuant to the new constitution, to be held within 18 months and administered under supervision of the United Nations, to the satisfaction of the governance and to the highest international standards of transparency and accountability, with all Syrians, including members of the diaspora, eligible to participate, as set forth in the 14 November 2015 ISSG Statement;
5. Acknowledges the close linkage between a ceasefire and a parallel political process, pursuant to the 2012 Geneva Communiqué, and that both initiatives should move ahead expeditiously, and in this regard expresses its support for a nationwide ceasefire in Syria, which the ISSG has committed to support and assist in implementing, to come into effect as soon as the representatives of the Syrian government and the opposition have begun initial steps towards a political transition under UN auspices, on the basis of the Geneva Communiqué, as set forth in the 14 November 2015 ISSG Statement, and to do so on an urgent basis;
6. Requests the Secretary-General to lead the effort, through the office of his Special Envoy and in consultation with relevant parties, to determine the modalities and requirements of a ceasefire as well as continue planning for the support of ceasefire implementation, and urges Member States, in particular members of the ISSG, to support and accelerate all efforts to achieve a ceasefire, including through pressing all relevant parties to agree and adhere to such a ceasefire;
7. Emphasizes the need for a ceasefire monitoring, verification and reporting mechanism, requests the Secretary-General to report to the Security Council on options for such a mechanism that it can support, as soon as possible and no later than one month after the adoption of this resolution, and encourages Member States, including members of the Security Council, to provide assistance, including through expertise and in-kind contributions, to support such a mechanism;
8. Reiterates its call in resolution 2249 (2015) for Member States to prevent and suppress terrorist acts committed specifically by Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Nusra Front (ANF), and all other individuals, groups, undertakings, and entities associated with Al Qaeda or ISIL, and other terrorist groups, as designated by the Security Council, and as may further be agreed by the ISSG and determined by the Security Council, pursuant to the Statement of the ISSG of 14 November 2015, and to eradicate the safe haven they have established over significant parts of Syria, and notes that the aforementioned ceasefire will not apply to offensive or defensive actions against these individuals, groups, undertakings and entities, as set forth in the 14 November 2015 ISSG Statement;
9. Welcomes the effort that was conducted by the government of Jordan to help develop a common understanding within the ISSG of individuals and groups for possible determination as terrorists and will consider expeditiously the recommendation of the ISSG for the purpose of determining terrorist groups;
10. Emphasizes the need for all parties in Syria to take confidence building measures to contribute to the viability of a political process and a lasting ceasefire, and calls on all states to use their influence with the government of Syria and the Syrian opposition to advance the peace process, confidence building measures and steps towards a ceasefire;
11. Requests the Secretary-General to report to the Council, as soon as possible and no later than one month after the adoption of this resolution, on options for further confidence building measures;
12. Calls on the parties to immediately allow humanitarian agencies rapid, safe and unhindered access throughout Syria by most direct routes, allow immediate, humanitarian assistance to reach all people in need, in particular in all besieged and hard-to-reach areas, release any arbitrarily detained persons, particularly women and children, calls on ISSG states to use their influence immediately to these ends, and demands the full implementation of resolutions 2139 (2014), 2165 (2014), 2191 (2014) and any other applicable resolutions;
13. Demands that all parties immediately cease any attacks against civilians and civilian objects as such, including attacks against medical facilities and personnel, and any indiscriminate use of weapons, including through shelling and aerial bombardment, welcomes the commitment by the ISSG to press the parties in this regard, and further demands that all parties immediately comply with their obligations under international law, including international humanitarian law and international human rights law as applicable;
14. Underscores the critical need to build conditions for the safe and voluntary return of refugees and internally displaced persons to their home areas and the rehabilitation of affected areas, in accordance with international law, including applicable provisions of the Convention and Protocol Relating to the Status of Refugees, and taking into account the interests of those countries hosting refugees, urges Member States to provide assistance in this regard, looks forward to the London Conference on Syria in February 2016, hosted by the United Kingdom, Germany, Kuwait, Norway and the United Nations, as an important contribution to this endeavour, and further expresses its support to the post-conflict reconstruction and rehabilitation of Syria;
15. Requests that the Secretary-General report back to the Security Council on the implementation of this resolution, including on progress of the UN-facilitated political process, within 60 days;
16. Decides to remain actively seized of the matter.
Resolution 2253 (2015) Adopted by the Security Council at its 7587th meeting, on 17 December 2015
The Security Council,
Recalling its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), 2083 (2012), 2133 (2014), 2170 (2014), 2178 (2014), 2195 (2014), 2199 (2015), 2214 (2015), and 2249 (2015),
Reaffirming that terrorism in all forms and manifestations constitutes one of the most serious threats to peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever, wherever, and by whomsoever committed, and reiterating its unequivocal condemnation of the Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Qaida, and associated individuals, groups, undertakings, and entities for ongoing and multiple criminal terrorist acts aimed at causing the deaths of innocent civilians and other victims, destruction of property, and greatly undermining stability,
Recognizing that terrorism poses a threat to international peace and security and that countering this threat requires collective efforts on national, regional and international levels on the basis of respect for international law and the Charter of the United Nations,
Reaffirming that terrorism cannot and should not be associated with any religion, nationality, or civilization,
Expressing its gravest concern about the presence, violent extremist ideology and actions of ISIL, Al-Qaida, and their affiliates in the Middle East and North Africa and beyond,
Reaffirming its commitment to sovereignty, territorial integrity and political independence of all States in accordance with the Charter of the United Nations,
Recalling the Presidential Statements of the Security Council on threats to international peace and security caused by terrorist acts of 15 January 2013 (S/PRST/2013/1), of 28 July 2014 (S/PRST/2014/14), of 19 November 2014 (S/PRST/2014/23), of 29 May 2015 (S/PRST/2015/11), and of 28 July 2015 (S/PRST/2015/14),
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights law, international refugee law, and international humanitarian law, threats to international peace and security caused by terrorist acts, stressing in this regard the important role the United Nations plays in leading and coordinating this effort,
Recognizing that development, security, and human rights are mutually reinforcing and are vital to an effective and comprehensive approach to countering terrorism, and underlining that a particular goal of counter-terrorism strategies should be to ensure sustainable peace and security,
Reaffirming its resolution 1373 (2001) and in particular its decisions that all States shall prevent and suppress the financing of terrorist acts and refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists,
Stressing that terrorism can only be defeated by a sustained and comprehensive approach involving the active participation and collaboration of all States and international and regional organizations to impede, impair, isolate, and incapacitate the terrorist threat,
Emphasizing that sanctions are an important tool under the Charter of the United Nations in the maintenance and restoration of international peace and security, including in support of countering terrorism, and stressing in this regard the need for robust implementation of the measures in paragraph 2 of this resolution,
Recalling that ISIL is a splinter group of Al-Qaida, and recalling further that any individual, group, undertaking, or entity supporting ISIL or Al-Qaida is eligible for listing,
Condemning the frequent, recent terrorist attacks perpetrated by ISIL around the world resulting in numerous casualties, recognizing the need for sanctions to reflect current threats and, in this regard, recalling paragraph 7 of resolution 2249,
Reminding all States that they have an obligation to take the measures described in paragraph 2 with respect to all individuals, groups, undertakings, and entities included on the list created pursuant to resolutions 1267 (1999), 1333 (2000), 1989 (2011), 2083 (2012), and 2161 (2014) (now and hereunder referred to as the “ISIL (Da’esh) & Al-Qaida Sanctions List”), regardless of the nationality or residence of such individuals, groups, undertakings, or entities,
Urging all Member States to participate actively in maintaining and updating the ISIL (Da’esh) & Al-Qaida Sanctions List by contributing additional information pertinent to current listings, submitting delisting requests when appropriate, and by identifying and nominating for listing additional individuals, groups, undertakings, and entities which should be subject to the measures referred to in paragraph 2 of this resolution,
Reminding the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) (“the Committee”) to remove expeditiously and on a case-by-case basis individuals, groups, undertakings, and entities that no longer meet the criteria for listing outlined in this resolution, welcoming improvements to the Committee’s procedures and the format of the ISIL (Da’esh) & Al-Qaida Sanctions List, expressing its intent to continue efforts to ensure that procedures are fair and clear, and recognizing the challenges, both legal and otherwise, to the measures implemented by Member States under paragraph 2 of this resolution,
Recognizing the importance of building capacities of Member States to counter terrorism and terrorist financing,
Welcoming again the establishment of the Office of the Ombudsperson pursuant to resolution 1904 (2009) and the enhancement of the Ombudsperson’s mandate in resolutions 1989 (2011), 2083 (2012), and 2161 (2015), noting the Office of the Ombudsperson’s significant contribution in providing additional fairness and transparency, and recalling the Security Council’s firm commitment to ensuring that the Office of the Ombudsperson is able to continue to carry out its role effectively and independently, in accordance with its mandate,
Welcoming the Ombudsperson’s biannual reports to the Security Council, including the reports submitted on 21 January 2011, 22 July 2011, 20 January 2012, 30 July 2012, 31 January 2013, 31 July 2013, 31 January 2014, 31 July 2014, and 2 February 2015,
Welcoming the continuing cooperation between the Committee and INTERPOL, the United Nations Office on Drugs and Crime, in particular on technical assistance and capacity-building, and all other United Nations bodies, and strongly encouraging further engagement with the United Nations Counter-Terrorism Implementation Task Force (CTITF) to ensure overall coordination and coherence in the counter-terrorism efforts of the United Nations system,
Recalling its resolutions 2199 (2015) and 2133 (2014) strongly condemning kidnapping and hostage-taking committed by terrorist groups for any purpose, including with the aim of raising funds or gaining political concessions, expressing its determination to prevent kidnapping and hostage-taking committed by terrorist groups and to secure the safe release of hostages without ransom payments or political concessions in accordance with applicable international law, reiterating its call upon all Member States to prevent terrorists from benefiting directly or indirectly from ransom payments or from political concessions and to secure the safe release of hostages, and welcoming the endorsement by the Global Counterterrorism Forum (GCTF) in September 2015 of the “Addendum to the Algiers Memorandum on Good Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists”,
Gravely concerned that in some cases ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities continue to profit from involvement in transnational organized crime, and expressing concern that terrorists benefit from transnational organized crime in some regions, including from the trafficking of arms, persons, drugs, and artefacts, and from the illicit trade in natural resources including gold and other precious metals and stones, minerals, wildlife, charcoal and oil, as well as from kidnapping for ransom and other crimes including extortion and bank robbery,
Recognizing the need to take measures to prevent and suppress the financing of terrorism, terrorist organizations, and individual terrorists even in the absence of a link to a specific terrorist act, including from the proceeds of organized crime, inter alia, the illicit production and trafficking of drugs and their chemical precursors, and recalling paragraph 5 of resolution 1452,
Recognizing the need for Member States to prevent the abuse of non‑governmental, non-profit and charitable organizations by and for terrorists, and calling upon non-governmental, non-profit, and charitable organizations to prevent and oppose, as appropriate, attempts by terrorists to abuse their status, while recalling the importance of fully respecting the rights to freedom of expression and association of individuals in civil society and freedom of religion or belief, and welcoming the relevant updated Best Practices Paper issued by the Financial Action Task Force for the appropriate, risk-based implementation of the international standard related to preventing terrorist abuse of the non-profit sector,
Recalling its decision that Member States shall eliminate the supply of weapons, including small arms and light weapons, to terrorists, as well as its calls on States to find ways of intensifying and accelerating the exchange of operational information regarding traffic in arms, and to enhance coordination of efforts on national, subregional, regional, and international levels,
Expressing concern at the increased use, in a globalized society, by terrorists and their supporters, of new information and communications technologies, in particular the Internet, to facilitate terrorist acts, and condemning their use to incite, recruit, fund, or plan terrorist acts,
Expressing concern at the flow of international recruits to ISIL, Al-Qaida, and associated groups and the scale of this phenomenon, and recalling its resolution 2178 (2014) deciding that Member States shall, consistent with international human rights law, international refugee law, and international humanitarian law, prevent and suppress the recruiting, organizing, transporting, or equipping of foreign terrorist fighters and the financing of their travel and of their activities,
Reiterating the obligation of Member States to prevent the entry into or transit through their territories of any individual about whom that State has credible information that provides reasonable grounds to believe that he or she is seeking entry into or transit through their territory for the purpose of participating in the foreign terrorist fighter-related activities described in paragraph 6 of resolution 2178 (2014), and reiterating further the obligation of Member States to prevent the movement of terrorist groups, in accordance with applicable international law, by, inter alia, effective border controls, and, in this context, to exchange information expeditiously, improve cooperation among competent authorities to prevent the movement of terrorists and terrorist groups to and from their territories, the supply of weapons for terrorists, and financing that would support terrorists,
Condemning any engagement in direct or indirect trade, in particular of oil and oil products, modular refineries, and related materiel including chemicals and lubricants, with ISIL, ANF, and associated individuals, groups, undertakings, and entities designated by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011), and reiterating that such engagement would constitute support for such individuals, groups, undertakings, and entities and may lead to further listings by the Committee,
Condemning the destruction of cultural heritage in Iraq and Syria particularly by ISIL and ANF, including targeted destruction of religious sites and objects; and recalling its decision that all Member States shall take appropriate steps to prevent the trade in Iraqi and Syrian cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from Iraq since 6 August 1990 and from Syria since 15 March 2011, including by prohibiting cross-border trade in such items, thereby allowing for their eventual safe return to the Iraqi and Syrian people,
Recalling its resolution 2178 (2014) expressing concern with the continued threat posed to international peace and security by ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities, and reaffirming its resolve to address all aspects of that threat, including terrorist acts perpetrated by foreign terrorist fighters,
Condemning in the strongest terms abductions of women and children by ISIL, ANF, and associated individuals, groups, undertakings, and entities and recalling resolution 2242 (2015), expressing outrage at their exploitation and abuse, including rape, sexual violence, forced marriage, and enslavement by these entities, encouraging all State and non-state actors with evidence to bring it to the attention of the Council, along with any information that such human trafficking may support the perpetrators financially, emphasizing that this resolution requires States to ensure that their nationals and persons within their territory do not make available any funds, financial assets or economic resources for ISIL’s benefit, and noting that any person or entity who transfers funds to ISIL directly or indirectly in connection with such exploitation and abuse would be eligible for listing by the Committee,
Welcoming the efforts of the Secretariat to standardize the format of all United Nations sanctions lists to facilitate implementation by national authorities, further welcoming the Secretariat’s efforts to translate all list entries and narrative summaries of reasons for listing available in all official languages of the United Nations, and encouraging the Secretariat, with the assistance of the Monitoring Team, as appropriate, to continue its work to implement the data model approved by the Committee,
Acting under Chapter VII of the Charter of the United Nations,
Measures
1. Decides that, from the date of adoption of this resolution, the 1267/1989 Al-Qaida Sanctions Committee shall henceforth be known as the “1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee” and the Al-Qaida Sanctions List shall henceforth be known as the “ISIL (Da’esh) and Al-Qaida Sanctions List”;
2. Decides that all States shall take the following measures as previously imposed by paragraph 8 (c) of resolution 1333 (2000), paragraphs 1 and 2 of resolution 1390 (2002), and paragraphs 1 and 4 of resolution 1989 (2011), with respect to ISIL (also known as Da’esh), Al-Qaida, and associated individuals, groups, undertakings and entities:
Asset Freeze
(a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons’ benefit, by their nationals or by persons within their territory;
Travel Ban
(b) Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified;
Arms Embargo
(c) Prevent the direct or indirect supply, sale, or transfer to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance or training related to military activities;
Listing Criteria
3. Decides that acts or activities indicating that an individual, group, undertaking or entity is associated with ISIL or Al-Qaida and therefore eligible for inclusion in the ISIL (Da’esh) & Al-Qaida Sanctions List include:
(a) Participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;
(b) Supplying, selling or transferring arms and related materiel to;
(c) Recruiting for; or otherwise supporting acts or activities of Al-Qaida, ISIL, or any cell, affiliate, splinter group or derivative thereof;
4. Notes that such means of financing or support include but are not limited to the use of proceeds derived from crime, including the illicit cultivation, production and trafficking of narcotic drugs and their precursors;
5. Confirms that any individual, group, undertaking or entity either owned or controlled, directly or indirectly, by, or otherwise supporting, any individual, group, undertaking or entity associated with Al-Qaida or ISIL, including on the ISIL (Da’esh) & Al-Qaida Sanctions List, shall be eligible for listing;
6. Confirms that the requirements in paragraph 2 (a) above apply to financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting and related services, used for the support of Al-Qaida, ISIL, and other individuals, groups, undertakings or entities included on the ISIL (Da’esh) & Al-Qaida Sanctions List;
7. Confirms that the requirements in paragraph 2 (a) above apply to funds, financial assets or economic resources that may be made available, directly or indirectly, to or for the benefit of listed individuals in connection with their travel, including costs incurred with respect to transportation and lodging, and that such travel-related funds, other financial assets or economic resources may only be provided in accordance with the exemption procedures set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), and in paragraphs 10, 74 and 75 below;
8. Confirms further that the requirements in paragraph 2 (a) above shall also apply to the payment of ransoms to individuals, groups, undertakings or entities on the ISIL (Da’esh) & Al-Qaida Sanctions List, regardless of how or by whom the ransom is paid;
9. Reaffirms that Member States may permit the addition to accounts frozen pursuant to the provisions of paragraph 2 above of any payment in favour of listed individuals, groups, undertakings or entities, provided that any such payments continue to be subject to the provisions in paragraph 2 above and are frozen;
10. Encourages Member States to make use of the provisions regarding available exemptions to the measures in paragraph 2 (a) above, set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), confirms that exemptions to the travel ban must be submitted by Member States, individuals or the Ombudsperson, as appropriate, including when listed individuals travel for the purpose of fulfilling religious obligations, and notes that the Focal Point mechanism established in resolution 1730 (2006) may receive exemption requests submitted by, or on behalf of, an individual, group, undertaking or entity on the ISIL (Da’esh) &
Al-Qaida Sanctions List, or by the legal representative or estate of such individual, group, undertaking or entity, for Committee consideration, as described in paragraph 76 below;
Measures implementation
11. Reiterates the importance of all States identifying, and if necessary introducing, adequate procedures to implement fully all aspects of the measures described in paragraph 2 above;
12. Reaffirms that those responsible for committing, organizing, or supporting terrorist acts must be held accountable, recalls its decision in resolution 1373 (2001) that Member States shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings, underlines the importance of fulfilling this obligation with respect to such investigations or proceedings involving ISIL, Al-Qaida and associated individuals, groups, undertakings and entities, and urges Member States to provide full coordination in such investigations or proceedings, especially with those States where, or against whose citizens, terrorist acts are committed, in accordance with their obligations under international law, in order to find and bring to justice, extradite, or prosecute any person who supports, facilitates, participates or attempts to participate in the direct or indirect financing of activities conducted by ISIL, Al-Qaida and associated individuals, groups, undertakings and entities;
13. Reiterates Member States’ obligation to ensure that their nationals and persons in their territory not make available economic resources to ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities, recalls also that this obligation applies to the direct and indirect trade in oil and refined oil products, modular refineries, and related material including chemicals and lubricants, and other natural resources, and recalls further the importance of all Member States complying with their obligation to ensure that their nationals and persons within their territory do not make donations to individuals and entities designated by the Committee or those acting on behalf of or at the direction of designated individuals or entities;
14. Encourages all Member States to more actively submit to the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) listing requests of individuals and entities supporting ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities, and directs the Committee to immediately consider, in accordance with its resolution 2199 (2015), designations of individuals and entities engaged in financing, supporting, facilitating acts or activities, including in oil and antiquities trade-related activities with ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities;
15. Expresses increasing concern about the lack of implementation of resolutions 1267 (1999), 1989 (2011), and 2199 (2015), including the insufficient level of reporting by Member States to the Committee on the measures they have taken to comply with its provisions and calls upon Member States to take the necessary measures to fulfil their obligation under paragraph 12 of resolution 2199 to report to the Committee interdictions in their territory of any oil, oil products, modular refineries, and related material being transferred to or from ISIL or ANF, and calls upon Member States to report also such interdictions of antiquities, as well as the outcome of proceedings brought against individuals and entities as a result of any such activity;
16. Strongly urges all Member States to implement the comprehensive international standards embodied in the Financial Action Task Force’s (FATF) revised Forty Recommendations on Combating Money Laundering and the Financing of Terrorism and Proliferation, particularly Recommendation 6 on targeted financial sanctions related to terrorism and terrorist financing; to apply the elements in FATF’s Interpretive Note to Recommendation 6, with the final objective of effectively preventing terrorists from raising, moving and using funds, in line with the objectives of Immediate Outcome 10 of the FATF methodology; to take note of, inter alia, related best practices for effective implementation of targeted financial sanctions related to terrorism and terrorist financing and the need to have appropriate legal authorities and procedures to apply and enforce targeted financial sanctions that are not conditional upon the existence of criminal proceedings; and to apply an evidentiary standard of proof of “reasonable grounds” or “reasonable basis”, as well as the ability to collect or solicit as much information as possible from all relevant sources;
17. Welcomes the recent FATF reports on the Financing of the Terrorist Organization ISIL (published February 2015) and Emerging Terrorist Financing Risks (published October 2015) that includes discussion of the ISIL threat, welcomes further the FATF clarifications to Interpretive Note to Recommendation 5 on the criminalization of terrorist financing to incorporate the relevant element of resolution 2178 (2014), specifically clarifying that terrorist financing includes the financing of the travel of individuals who travel or attempt to travel to a State other than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, and highlights that FATF Recommendation 5 applies to the financing of terrorist organizations or individual terrorists for any purpose, including but not limited to recruitment, training, or travel, even in the absence of a link to a specific terrorist act;
18. Encourages FATF to continue its efforts to prioritize countering terrorist financing, in particular identifying and working with Member States with strategic anti-money laundering and countering terrorist financing (AML/CFT) deficiencies that have hindered Member States from effectively countering the financing of terrorism, including by ISIL, Al-Qaida, and associated individuals, group, entities and undertakings, and in this regard, reiterates that the provision of economic resources to such groups is a clear violation of this and other relevant resolutions and is not acceptable;
19. Clarifies that the obligation in paragraph 1 (d) of resolution 1373 (2001) applies to making funds, financial assets or economic resources or financial or other related services available, directly or indirectly, for the benefit of terrorist organizations or individual terrorists for any purpose, including but not limited to recruitment, training, or travel, even in the absence of a link to a specific terrorist act;
20. Calls upon States to ensure that they have established as a serious criminal offence in their domestic laws and regulations the wilful violation of the prohibition described in paragraph 1 (d) of resolution 1373 (2001);
21. Calls upon Member States to move vigorously and decisively to cut
the flows of funds and other financial assets and economic resources to individuals and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List, as required by paragraph 2 (a), and taking into account relevant FATF Recommendations and international standards designed to prevent the abuse of non-profit organizations, formal as well as informal/alternative remittance systems and the physical
trans-border movement of currency, while working to mitigate the impact on legitimate activities through these mediums;
22. Urges Member States to act cooperatively to prevent terrorists from recruiting, to counter their violent extremist propaganda and incitement to violence on the Internet and social media, including by developing effective counter narratives, while respecting human rights and fundamental freedoms and in compliance with obligations under international law, and stresses the importance of cooperation with civil society and the private sector in this endeavor;
23. Urges Member States to promote awareness of the ISIL (Da’esh) &
Al-Qaida Sanctions List as widely as possible, including to relevant domestic agencies, the private sector and the general public to ensure effective implementation of the measures in paragraph 2 above and encourages Member States to urge that their respective company, property and other relevant public and private registries regularly screen their available databases, including but not limited to those with legal and/or beneficial ownership information, against the ISIL (Da’esh) & Al-Qaida Sanctions List;
24. Highlights the importance of strong relationships with the private sector in countering the financing of terrorism and calls upon Member States to engage with financial institutions and share information on terrorist financing (TF) risks to provide greater context for their work in identifying potential TF activity related to ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities, and to promote stronger relationships between governments and the private sector in countering terrorist financing;
25. Recognizes the importance of information sharing within and between governments to effectively counter the financing of terrorism, calls upon Member States to continue exercising vigilance over relevant financial transactions and improve information-sharing capabilities and practices within and between governments through multiple authorities and channels, including law enforcement, intelligence, security services, and financial intelligence units, and also calls upon Member States to improve integration and utilization of financial intelligence with other types of information available to national governments to more effectively counter the terrorist financing threats posed by ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities;
26. Decides that Member States, in order to prevent ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities from obtaining, handling, storing, using or seeking access to all types of explosives, whether military, civilian or improvised explosives, as well as to raw materials and components that can be used to manufacture improvised explosive devices or unconventional weapons, including (but not limited to) chemical components, detonators, detonating cord, or poisons, shall undertake appropriate measures to promote the exercise of enhanced vigilance by their nationals, persons subject to their jurisdiction and entities incorporated in their territory or subject to their jurisdiction that are involved in the production, sale, supply, purchase, transfer and storage of such materials, including through the issuance of good practices, and further encourages Member States to share information, establish partnerships, and develop national strategies and capabilities to counter improvised explosive devices;
27. Encourages Member States, including through their permanent missions, and relevant international organizations to meet the Committee for in-depth discussion on any relevant issues;
28. Urges all Member States, in their implementation of the measures set out in paragraph 2 above, to ensure that fraudulent, counterfeit, stolen and lost passports and other travel documents are invalidated and removed from circulation, in accordance with domestic laws and practices, as soon as possible, and to share information on those documents with other Member States through the INTERPOL database;
29. Encourages Member States to share, in accordance with their domestic laws and practices, with the private sector information in their national databases related to fraudulent, counterfeit, stolen and lost identity or travel documents pertaining to their own jurisdictions, and, if a listed party is found to be using a false identity including to secure credit or fraudulent travel documents, to provide the Committee with information in this regard;
30. Encourages Member States that issue travel documents to listed individuals to note, as appropriate, that the bearer is subject to the travel ban and corresponding exemption procedures;
31. Encourages Member States to consult the ISIL (Da’esh) & Al-Qaida Sanctions List when considering whether to grant travel visa applications, for the purpose of effectively implementing the travel ban;
32. Encourages Member States to exchange information expeditiously with other Member States, in particular States of origin, destination and transit, when they detect the travel of individuals on the ISIL (Da’esh) & Al-Qaida Sanctions List;
33. Encourages designating States to inform the Monitoring Team whether a national court or other legal authority has reviewed a listed party’s case and whether any judicial proceedings have begun, and to include any other relevant information when submitting the standard form for listing;
34. Encourages all Member States to designate national focal points in charge of liaising with the Committee and the Monitoring Team on issues related to the implementation of the measures described in paragraph 2 above and the assessment of the threat from ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities;
35. Encourages all Member States to report to the Committee on obstacles to the implementation of the measures described in paragraph 2 above, with a view to facilitating technical assistance;
36. Calls upon all States to submit an updated report to the Committee no later than 120 days from the date of adoption of this resolution on their implementation, including relevant enforcement actions as appropriate, of the measures referred to in paragraph 2 of this resolution;
The Committee
37. Directs the Committee to continue to ensure that fair and clear procedures exist for placing individuals, groups, undertakings and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List and for removing them as well as for granting exemptions per resolution 1452 (2002), and directs the Committee to keep its guidelines under active review in support of these objectives;
38. Directs the Committee, as a matter of priority, to review its guidelines with respect to the provisions of this resolution, in particular paragraphs 23, 26, 30, 31, 34, 47, 52, 57, 59, 64, 77, 78, 80 and 81;
39. Requests the Committee to report to the Council on its findings regarding Member States’ implementation efforts, and identify and recommend steps necessary to improve implementation;
40. Directs the Committee to identify possible cases of non-compliance with the measures pursuant to paragraph 2 above and to determine the appropriate course of action on each case, and directs the Chair, in regular reports to the Council pursuant to paragraph 87 below, to provide progress reports on the Committee’s work on this issue;
41. Confirms that no matter should be left pending before the Committee for a period longer than six months, unless the Committee determines on a case-by-case basis that extraordinary circumstances require additional time for consideration, in accordance with the Committee’s guidelines;
42. Requests the Committee to facilitate, through the Monitoring Team or specialized United Nations agencies, assistance on capacity-building for enhancing implementation of the measures, upon request by Member States;
Listing
43. Encourages all Member States to submit to the Committee for inclusion on the ISIL (Da’esh) & Al-Qaida Sanctions List names of individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities of ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities;
44. Reiterates that the measures referred to in paragraph 2 of this resolution are preventative in nature and are not reliant upon criminal standards set out under national law;
45. Reaffirms that, when proposing names to the Committee for inclusion on the ISIL (Da’esh) & Al-Qaida Sanctions List, Member States shall use the standard form for listing and provide a statement of case that should include as detailed and specific reasons as possible describing the proposed basis for the listing, and as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings, and entities, and to the extent possible, the information required by INTERPOL to issue a Special Notice, and reaffirms that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 49 below;
46. Reaffirms that Member States proposing a new listing, as well as Member States that have proposed names for inclusion on the Al-Qaida Sanctions List before the adoption of this resolution, shall specify if the Committee or the Ombudsperson may not make known the Member State’s status as a designating State;
47. Encourages Member States to submit, where available and in accordance with their national legislation, photographs and other biometric data of individuals for inclusion in INTERPOL-United Nations Security Council Special Notices;
48. Directs the Committee to continue to update, as necessary, the standard form for listing in accordance with the provisions of this resolution; further directs the Monitoring Team to report to the Committee on further steps that could be taken to improve the quality of the ISIL (Da’esh) & Al-Qaida Sanctions List and Consolidated Sanctions List, including by improving identifying information, as well as steps to ensure that INTERPOL-United Nations Security Council Special Notices exist for all listed individuals, groups, undertakings, and entities; and further directs the Secretariat, with the assistance of the Monitoring Team, to build and maintain the data model approved by the Committee, with a view to its completion by June 2017 and requests the Secretary-General to provide additional resources in this regard;
49. Directs the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to make accessible on the Committee’s website, at the same time a name is added to the ISIL (Da’esh) &
Al-Qaida Sanctions List, a narrative summary of reasons for listing that are as detailed and specific as possible, as well as additional relevant information;
50. Encourages Member States and relevant international organizations and bodies to inform the Committee of any relevant court decisions and proceedings so that the Committee can consider them when it reviews a corresponding listing or updates a narrative summary of reasons for listing;
51. Calls upon all members of the Committee and the Monitoring Team to share with the Committee any information they may have available regarding a listing request from a Member State so that this information may help inform the Committee’s decision on listing and provide additional material for the narrative summary of reasons for listing described in paragraph 49;
52. Reaffirms that the Secretariat shall, after publication but within three working days after a name is added to the ISIL (Da’esh) & Al-Qaida Sanctions List, notify the Permanent Mission of the State or States where the individual or entity is believed to be located and, in the case of individuals, the state of which the person is a national (to the extent this information is known), requests the Secretariat to publish on the Committee’s website all relevant publicly releasable information, including the narrative summary of reasons for listing, immediately after a name is added to the ISIL (Da’esh) & Al-Qaida Sanctions List;
53. Reaffirms the requirement that Member States take all possible measures, in accordance with their domestic laws and practices, to notify or inform in a timely manner the listed individual or entity of the listing and to include with this notification the narrative summary of reasons for listing, a description of the effects of listing, as provided in the relevant resolutions, the Committee’s procedures for considering delisting requests, including the possibility of submitting such a request to the Ombudsperson in accordance with paragraph 43 of resolution 2083 (2012) and annex II of this resolution, and the provisions of resolution 1452 (2002) regarding available exemptions, including the possibility of submitting such requests through the Focal Point mechanism in accordance with paragraphs 10 and 76 of this resolution;
Review of Delisting Requests — Ombudsperson/Member States
54. Decides to extend the mandate of the Office of the Ombudsperson, established by resolution 1904 (2009), as reflected in the procedures outlined in annex II of this resolution, for a period of twenty four months from the date of expiration of the Office of the Ombudsperson’s current mandate in December 2017, affirms that the Ombudsperson shall continue to receive requests from individuals, groups, undertakings or entities seeking to be removed from the ISIL (Da’esh) & Al-Qaida Sanctions List in an independent and impartial manner and shall neither seek nor receive instructions from any government, and affirms that the Ombudsperson shall continue to present to the Committee observations and a recommendation on the delisting of those individuals, groups, undertakings or entities that have requested removal from the ISIL (Da’esh) & Al-Qaida Sanctions List through the Office of the Ombudsperson, either a recommendation to retain the listing or a recommendation that the Committee consider delisting;
55. Recalls its decision that the requirement for States to take the measures described in paragraph 2 of this resolution shall remain in place with respect to that individual, group, undertaking or entity, where the Ombudsperson recommends retaining the listing in the Comprehensive Report of the Ombudsperson on a delisting request pursuant to annex II;
56. Recalls its decision that the requirement for States to take the measures described in paragraph 2 of this resolution shall terminate with respect to that individual, group, undertaking or entity 60 days after the Committee completes consideration of a Comprehensive Report of the Ombudsperson, in accordance with annex II of this resolution, including paragraph 7 (h) thereof, where the Ombudsperson recommends that the Committee consider delisting, unless the Committee decides by consensus before the end of that 60-day period that the requirement shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of 60 days; and provided further that, in the event of such a request, the requirement for States to take the measures described in paragraph 2 of this resolution shall remain in force for that period with respect to that individual, group, undertaking or entity until the question is decided by the Security Council;
57. Recalls its decision that the Committee may, by consensus, shorten the 60-day period referred to in paragraph 56 on a case-by-case basis;
58. Reiterates that the measures referred to in paragraph 2 of this resolution are preventative in nature and are not reliant upon criminal standards set out under national law;
59. Underscores the importance of the Office of the Ombudsperson, and requests the Secretary-General to continue to strengthen the capacity of the Office of the Ombudsperson by providing necessary resources, including for translation services, as appropriate, and to make the necessary arrangements to ensure its continued ability to carry out its mandate in an independent, effective and timely manner, and to provide the Committee an update on actions taken in six months;
60. Strongly urges Member States to provide all relevant information to the Ombudsperson, including any relevant confidential information, where appropriate, encourages Member States to provide relevant information, including any detailed and specific information, when available and in a timely manner, welcomes those national arrangements entered into by Member States with the Office of the Ombudsperson to facilitate the sharing of confidential information, strongly encourages Member States’ further progress in this regard, including by concluding arrangements with the Office of the Ombudsperson for the sharing of such information, and confirms that the Ombudsperson must comply with any confidentiality restrictions that are placed on such information by Member States providing it;
61. Strongly urges Member States and relevant international organizations and bodies to encourage individuals and entities that are considering challenging or are already in the process of challenging their listing through national and regional courts to first seek removal from the ISIL (Da’esh) & Al-Qaida Sanctions List by submitting delisting petitions to the Office of the Ombudsperson;
62. Notes the Financial Action Task Force (FATF) international standards and, inter alia, best practices relating to targeted financial sanctions, as referenced in paragraph 21 of this resolution;
63. Recalls its decision that when the designating State submits a delisting request, the requirement for States to take the measures described in paragraph 2 of this resolution shall terminate with respect to that individual, group, undertaking or entity after 60 days unless the Committee decides by consensus before the end of that 60-day period that the measures shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of 60 days; and provided further that, in the event of such a request, the requirement for States to take the measures described in paragraph 2 of this resolution shall remain in force for that period with respect to that individual, group, undertaking or entity until the question is decided by the Security Council;
64. Also recalls its decision that the Committee may, by consensus, shorten the 60-day period referred to in paragraph 63 on a case-by-case basis;
65. Further recalls its decision that, for purposes of submitting a delisting request in paragraph 63, consensus must exist between or among all designating States in cases where there are multiple designating States; and further recalls its decision that co-sponsors of listing requests shall not be considered designating States for purposes of paragraph 63;
66. Strongly urges designating States to allow the Ombudsperson to reveal their identities as designating States to those listed individuals and entities that have submitted delisting petitions to the Ombudsperson;
67. Directs the Committee to continue to work, in accordance with its guidelines, to consider delisting requests of Member States for the removal from the ISIL (Da’esh) & Al-Qaida Sanctions List of individuals, groups, undertakings and entities that are alleged to no longer meet the criteria established in the relevant resolutions, and set out in paragraph 2 of this resolution, and strongly urges Member States to provide reasons for submitting their delisting requests;
68. Encourages States to submit delisting requests for individuals that are officially confirmed to be dead, and for entities reported or confirmed to have ceased to exist, while at the same time taking all reasonable measures to ensure that assets that had belonged to these individuals or entities will not be transferred or distributed to other individuals, groups, undertakings and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List or any other Security Council sanctions list;
69. Encourages Member States, when unfreezing the assets of a deceased individual or an entity that is reported or confirmed to have ceased to exist as a result of a delisting, to recall the obligations set forth in resolution 1373 (2001) and, particularly, to prevent unfrozen assets from being used for terrorist purposes;
70. Reaffirms that, prior to the unfreezing of any assets that have been frozen as a result of the listing of Usama bin Laden, Member States shall submit to the Committee a request to unfreeze such assets and shall provide assurances to the Committee that the assets will not be transferred, directly or indirectly, to a listed individual, group, undertaking or entity, or otherwise used for terrorist purposes in line with Security Council resolution 1373 (2001), and decides further that such assets may only be unfrozen in the absence of an objection by a Committee member within thirty days of receiving the request, and stresses the exceptional nature of this provision, which shall not be considered as establishing a precedent;
71. Calls upon the Committee when considering delisting requests to give due consideration to the opinions of designating State(s), State(s) of residence, nationality, location or incorporation, and other relevant States as determined by the Committee, directs Committee members to provide their reasons for objecting to delisting requests at the time the request is objected to, and requests the Committee to provide reasons to relevant Member States and national and regional courts and bodies, upon request and where appropriate;
72. Encourages all Member States, including designating States and States of residence, nationality, location or incorporation to provide all information to the Committee relevant to the Committee’s review of delisting petitions, and to meet with the Committee, if requested, to convey their views on delisting requests, and further encourages the Committee, where appropriate, to meet with representatives of national or regional organizations and bodies that have relevant information on delisting petitions;
73. Confirms that the Secretariat shall, within three days after a name is removed from the ISIL (Da’esh) & Al-Qaida Sanctions List, notify the Permanent Mission of the State(s) of residence, nationality, location or incorporation (to the extent this information is known), and recalls its decision that States receiving such notification shall take measures, in accordance with their domestic laws and practices, to notify or inform the concerned individual, group, undertaking or entity of the delisting in a timely manner;
74. Reaffirms that, in cases in which the Ombudsperson is unable to interview a petitioner in his or her state of residence, the Ombudsperson may request, with the agreement of the petitioner, that the Committee consider granting exemptions to the restrictions on assets and travel in paragraphs 2 (a) and (b) of this resolution for the sole purpose of allowing the petitioner to meet travel expenses and travel to another State to be interviewed by the Ombudsperson for a period no longer than necessary to participate in this interview, provided that all States of transit and destination do not object to such travel, and further directs the Committee to notify the Ombudsperson of the Committee’s decision;
Exemptions/Focal Point
75. Recalls that the assets freeze measures outlined in paragraph 2 above shall not apply to funds and other financial assets or economic resources that the Committee determines to be:
(a) 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 for routine holding or maintenance of frozen funds or other financial assets or economic resources, following notification of intention to authorize access to such funds and in the absence of a negative decision by the Committee within 3 working days of the notification;
(b) necessary for extraordinary expenses, being expenses other than basic expenses, following notification of the intention to authorize release of such funds and approval of the Committee of the request within 5 working days of the notification;
76. Reaffirms that the Focal Point mechanism established in resolution 1730 (2006) may:
(a) Receive requests from listed individuals, groups, undertakings, and entities for exemptions to the measures outlined in paragraph 2 (a) of this resolution, as defined in resolution 1452 (2002) provided that the request has first been submitted for the consideration of the State of residence, and reaffirms further that the Focal Point shall transmit such requests to the Committee for a decision, directs the Committee to consider such requests, including in consultation with the State of residence and any other relevant States, and further directs the Committee, through the Focal Point, to notify such individuals, groups, undertaking or entities of the Committee’s decision;
(b) Receive requests from listed individuals for exemptions to the measures outlined in paragraph 2 (b) of this resolution and transmit these to the Committee to determine, on a case-by-case basis, whether entry or transit is justified, directs the Committee to consider such requests in consultation with States of transit and destination and any other relevant States, and reaffirms further that the Committee shall only agree to exemptions to the measures in paragraph 2 (b) of this resolution with the agreement of the States of transit and destination, and further directs the Committee, through the Focal Point, to notify such individuals of the Committee’s decision;
77. Reaffirms that the Focal Point may receive, and transmit to the Committee for its consideration, communications from:
(a) individuals who have been removed from the ISIL (Da’esh) & Al-Qaida Sanctions List;
(b) individuals claiming to have been subjected to the measures outlined in paragraph 2 above as a result of false or mistaken identification or confusion with individuals included on the ISIL (Da’esh) & Al-Qaida Sanctions List;
78. Directs the Committee, with the assistance of the Monitoring Team and in consultation with relevant States, to carefully consider such communications and to respond, through the Focal Point, to such communications referred to in paragraph 77 (b), as may be appropriate, within 60 days, and further directs the Committee, in consultation with INTERPOL as may be appropriate, to communicate with Member States as may be appropriate to address possible or confirmed cases of false or mistaken identity or confusion with individuals included on the ISIL (Da’esh) & Al-Qaida Sanctions List;
Review and maintenance of the ISIL (Da’esh) & Al-Qaida Sanctions List
79. Encourages all Member States, in particular designating States and States of residence, nationality, location or incorporation, to submit to the Committee additional identifying and other information, including where possible and in accordance with their national legislation, photographs and other biometric data of individuals along with supporting documentation, on listed individuals, groups, undertakings and entities, including updates on the operating status of listed entities, groups and undertakings, the movement, incarceration or death of listed individuals and other significant events, as such information becomes available;
80. Requests the Monitoring Team to circulate to the Committee every twelve months a list compiled in consultation with the respective designating States and States of residence, nationality, location or incorporation, where known, of:
(a) individuals and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them;
(b) individuals on the ISIL (Da’esh) & Al-Qaida Sanctions List who are reportedly deceased, along with an assessment of relevant information such as the certification of death, and to the extent possible, the status and location of frozen assets and the names of any individuals or entities who would be in a position to receive any unfrozen assets;
(c) entities on the ISIL (Da’esh) & Al-Qaida Sanctions List that are reported or confirmed to have ceased to exist, along with an assessment of any relevant information;
(d) any other names on the ISIL (Da’esh) & Al-Qaida Sanctions List that have not been reviewed in three or more years (“the triennial review”);
81. Directs the Committee to review whether these listings remain appropriate, and further directs the Committee to remove listings if it decides they are no longer appropriate;
82. Directs the Monitoring Team to refer to the Chair for review listings for which, after three years, no relevant State has responded in writing to the Committee’s requests for information, and in this regard, reminds the Committee that its Chair, acting in his or her capacity as Chair, may submit names for removal from the ISIL (Da’esh) & Al-Qaida Sanctions List, as appropriate and subject to the Committee’s normal decision-making procedures;
Coordination and outreach
83. Directs the Committee to continue to cooperate with other relevant Security Council Sanctions Committees, in particular those established pursuant to resolutions 751 (1992) and 1907 (2009), 1988 (2011), 1970 (2011) and 2140 (2014);
84. Reiterates the need to enhance ongoing cooperation among the Committee and United Nations counter-terrorism bodies, including the Counter-Terrorism Committee (CTC) and the Committee established pursuant to resolution 1540 (2004), as well as their respective groups of experts, including through, as appropriate, enhanced information-sharing, coordination on visits to countries within their respective mandates, on facilitating and monitoring technical assistance, on relations with international and regional organizations and agencies and on other issues of relevance to these bodies;
85. Encourages the Monitoring Team and the United Nations Office on Drugs and Crime, to continue their joint activities, in cooperation with the Counter-Terrorism Executive Directorate (CTED) and 1540 Committee experts to assist Member States in their efforts to comply with their obligations under the relevant resolutions, including through organizing regional and subregional workshops;
86. Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members to enhance the full and effective implementation of the measures referred to in paragraph 2 above, with a view to encouraging States to comply fully with this resolution and resolutions 1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008), 1904 (2009) 1989 (2011), 2082 (2012), 2083 (2012), and 2133 (2014), 2178 (2014), 2195 (2014), 2199 (2015), and 2214 (2015);
87. Requests the Committee to report orally, through its Chair, at least once per year, to the Council on the state of the overall work of the Committee and the Monitoring Team, and, as appropriate, in conjunction with other Committee Chairs, expresses its intention to hold informal consultations at least once per year on the work of the Committee, on the basis of reports from the Chair to the Council, and further requests the Chair to hold regular briefings for all interested Member States;
88. Directs the Committee to consider requests for information from States and international organizations with ongoing judicial proceedings concerning implementation of the measures imposed in paragraph 2 above, and to respond as appropriate with additional information available to the Committee and the Monitoring Team;
Monitoring Team
89. Decides, in order to assist the Committee in fulfilling its mandate, as well as to support the Ombudsperson, to extend the mandate of the current New York-based Monitoring Team and its members, established pursuant to paragraph 7 of resolution 1526 (2004), for a further period of twenty four months from the expiration of its current mandate in December 2017, under the direction of the Committee with the responsibilities outlined in annex I, and requests the Secretary-General to make the necessary arrangements to this effect, and highlights the importance of ensuring that the Monitoring Team receives the necessary administrative, security, and substantive support, to effectively, safely, and in a timely manner fulfil its mandate, including with regard to duty of care in high-risk environments, under the direction of the Committee, a subsidiary organ of the Security Council;
90. Requests the Secretary-General to add up to two new experts on the Monitoring Team along with the additional administrative and analytical support resources needed to increase its capacity and strengthen its ability to analyze ISIL’s financing, radicalization and recruitment, and attack planning activities, as well as support the resulting increased activities of the Committee by the Secretariat, and notes that the selection process of these experts should prioritize appointing individuals with the strongest qualifications to fulfil the duties described above while paying due regard to the importance of regional and gender representation in the recruitment process;
91. Directs the Monitoring Team, in its comprehensive, independent reports to the Committee referred to in paragraph (a) of annex 1, to report on relevant thematic and regional topics and developing trends as may be requested by the Security Council or the Committee following the adoption of this resolution;
92. Encourages relevant United Nations Missions, within their existing mandates, resources, and capabilities, to assist the Committee and the Monitoring Team, such as through logistical support, security assistance, and exchange of information in their work relevant to the threat by ISIL, Al-Qaida, and associated groups and individuals in their respective areas of deployment;
93. Directs the Monitoring Team to identify, gather information on, and keep the Committee informed of instances and common patterns of non-compliance with the measures imposed in this resolution, as well as to facilitate, upon request by Member States, assistance on capacity-building, requests the Monitoring Team to work closely with State(s) of residence, nationality, location or incorporation, designating States, other relevant States, and relevant United Nations Missions, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;
94. Directs the Committee, with the assistance of its Monitoring Team, to hold special meetings on important thematic or regional topics and Member States’ capacity challenges, in consultation, as appropriate, with the Counter Terrorism Committee and CTED, CTITF, and with the Financial Action Task Force to identify and prioritize areas for the provision of technical assistance to enable more effective implementation by Member States;
95. Requests the Analytical Support and Sanctions Monitoring Team to submit, in close collaboration with the CTED, to the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) in 30 days recommendations to the Committee on measures that can be taken to strengthen monitoring of global implementation of resolutions 2199 (2015) and 2178 (2014) and additional steps that could be taken by the Committee to improve global compliance with these resolutions;
96. Requests the Analytical Support and Sanctions Monitoring Team to provide the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) on a quarterly basis oral briefings on its analysis of global implementation of resolutions 2199 (2015) and 2178 (2014) including gathered information and analysis relevant to potential sanctions designations by Member States or Committee actions that could be taken;
ISIL Reporting
97. Recalling the threat posed to international peace and security by ISIL and associated individuals, groups, undertakings, and entities, requests the Secretary-General to provide an initial strategic-level report that demonstrates and reflects the gravity of the aforementioned threat, including foreign terrorist fighters joining ISIL and associated groups and entities, and the sources of financing of these groups including through illicit trade in oil, antiquities, and other natural resources, as well as their planning and facilitation of attacks, and reflects the range of United Nations efforts in support of Member States in countering this threat, in 45 days and provide updates every four months thereafter, with the input of CTED, in close collaboration with the Monitoring Team, as well as other relevant United Nations actors;
Reviews
98. Decides to review the measures described in paragraph 2 above with a view to their possible further strengthening in eighteen months or sooner if necessary;
99. Decides to remain actively seized of the matter.
Annex I
In accordance with paragraph 73 of this resolution, the Monitoring Team shall operate under the direction of the Committee and shall have the following mandates and responsibilities:
(a) To submit, in writing, comprehensive, independent reports to the Committee, every six months, the first by 30 June 2016, on the following issues:
(i) implementation by Member States of the measures referred to in paragraph 2 of this resolution;
(ii) the global threat posed by ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities, including (but not limited to) the threat posed by the presence of ISIL and its affiliates in Iraq, the Syrian Arab Republic, Libya, and Afghanistan and the threats presented by the presence of Boko Haram;
(iii) the impact of the measures in resolution 2199 (2015), including progress on implementation of these measures, unintended consequences and unexpected challenges, as mandated in that resolution in the form of updates on each of the following subjects: oil trade; trade in cultural property; kidnapping for ransom and external donations; direct or indirect supply; sale or transfer of arms and related material of all types; as part of the impact assessment, pursuant to paragraph 30 of resolution 2199 (2015);
(iv) the threat posed by foreign terrorist fighters recruited by or joining
Al-Qaida, ISIL, and all other associated groups, undertakings;
(v) any other issues that the Security Council or the Committee requests the Monitoring Team to include in its comprehensive reports as set forth in paragraph 91 of this resolution; and
(vi) specific recommendations related to improved implementation of relevant sanctions measures, including those referred to in paragraph 2 of this resolution, resolution 2178 (2014) and resolution 2199 (2015), and possible new measures;
(b) To assist the Ombudsperson in carrying out his or her mandate as specified in annex II of this resolution, including by providing updated information on those individuals, groups, undertakings or entities seeking their removal from the ISIL (Da’esh) & Al-Qaida Sanctions List;
(c) To assist the Committee in regularly reviewing names on the ISIL (Da’esh) & Al-Qaida Sanctions List, including by undertaking travel on behalf of the Committee, as a subsidiary organ of the Security Council and contact with Member States, with a view to developing the Committee’s record of the facts and circumstances relating to a listing;
(d) To assist the Committee in following up on requests to Member States for information, including with respect to implementation of the measures referred to in paragraph 2 of this resolution;
(e) To submit a comprehensive programme of work to the Committee for its review and approval, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel, based on close coordination with CTED and the 1540 Committee’s group of experts to avoid duplication and reinforce synergies;
(f) To work closely and share information with CTED and the 1540 Committee’s group of experts to identify areas of convergence and overlap and to help facilitate concrete coordination, including in the area of reporting, among the three Committees;
(g) To participate actively in and support all relevant activities under the United Nations Global Counter-Terrorism Strategy including within the Counter-Terrorism Implementation Task Force, established to ensure overall coordination and coherence in the counter-terrorism efforts of the United Nations system, in particular through its relevant working groups;
(h) To gather information, on behalf of the Committee, on instances of reported non-compliance with the measures referred to in paragraph 2 of this resolution, including by collating information from all relevant sources, including Member States, and engaging with related parties, pursuing case studies, both on its own initiative and upon the Committee’s request, and to provide cases of non‑compliance and recommendations to the Committee on actions to respond to such cases of non-compliance for its review;
(i) To present to the Committee recommendations, which could be used by Member States to assist them with the implementation of the measures referred to in paragraph 2 of this resolution and in preparing proposed additions to the ISIL (Da’esh) & Al-Qaida Sanctions List;
(j) To assist the Committee in its consideration of proposals for listing, including by compiling and circulating to the Committee information relevant to the proposed listing, and preparing a draft narrative summary referred to in paragraph 36 of this resolution;
(k) To consult with the Committee or any relevant Member States, as appropriate, when identifying that certain individuals or entities should be added to, or removed from, the ISIL (Da’esh) & Al-Qaida Sanctions List;
(l) To bring to the Committee’s attention new or noteworthy circumstances that may warrant a delisting, such as publicly reported information on a deceased individual;
(m) To consult with Member States in advance of travel to selected Member States, based on its programme of work as approved by the Committee;
(n) To coordinate and cooperate with the national counter-terrorism focal point or similar coordinating body in the state of visit where appropriate;
(o) To cooperate closely with relevant United Nations counter-terrorism bodies in providing information on the measures taken by Member States on kidnapping and hostage-taking for ransom by Al-Qaida, ISIL, and associated individuals, groups, undertakings, and entities, and on relevant trends and developments in this area;
(p) To encourage Member States to submit names and additional identifying information for inclusion on the ISIL (Da’esh) & Al-Qaida Sanctions List, as instructed by the Committee;
(q) To present to the Committee additional identifying and other information to assist the Committee in its efforts to keep the ISIL (Da’esh) & Al-Qaida Sanctions List as updated and accurate as possible;
(r) To encourage Member States to provide information to the Monitoring Team that is relevant to the fulfilment of its mandate, as appropriate;
(s) To study and report to the Committee on the changing nature of the threat of Al-Qaida and ISIL, and the best measures to confront them, including by developing, within existing resources, a dialogue with relevant scholars, academic bodies and experts through an annual workshop and/or other appropriate means, in consultation with the Committee;
(t) To collate, assess, monitor, report on, and make recommendations regarding implementation of the measures, including implementation of the measure in paragraph 2 (a) of this resolution as it pertains to preventing the criminal misuse of the Internet by ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities, which shall be included in the Monitoring Team’s regular report as outlined in section (a) of this annex; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;
(u) To consult with Member States and other relevant organizations, including the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO), the World Customs Organization (WCO), INTERPOL, the Financial Action Task Force (FATF) and its regional bodies as well as the United Nations Educational, Scientific and Cultural Organization (UNESCO), including regular dialogue with representatives in New York and in capitals, taking into account their comments, especially regarding any issues that might be reflected in the Monitoring Team’s reports referred to in paragraph (a) of this annex, such as gaps and challenges in States’ implementation of the measures in this resolution;
(v) To consult, in confidence, with Member States’ intelligence and security services, including through regional forums, in order to facilitate the sharing of information and to strengthen implementation of the measures;
(w) To consult with Member States, relevant representatives of the private sector, including financial institutions and relevant non-financial businesses and professions, and international and regional organizations, including FATF and its regional bodies, to promote awareness of, and enhanced compliance with, and to learn about the practical implementation of the asset freeze and to develop recommendations for the strengthening of the implementation of that measure;
(x) To consult with Member States, relevant representatives of the private sector and international and regional organizations, including ICAO, IATA, WCO and INTERPOL, to promote awareness of, and enhanced compliance with, and to learn about the practical implementation of the travel ban, including the use of advanced passenger information provided by civil aircraft operators to Member States, and to develop recommendations for the strengthening of the implementation of that measure;
(y) To consult with Member States, relevant representatives of international and regional organizations and the private sector, in coordination with national authorities, as appropriate, to promote awareness of, enhance compliance with, and to learn about the practical implementation of the arms embargo, with a particular emphasis on measures to counter the use of improvised explosive devices (IEDs) by listed individuals, groups, undertakings and entities and the procurement of related components used to construct IEDs, in particular (but not limited to) trigger mechanisms, explosive precursors, commercial grade explosives, detonators, detonating cords, or poisons;
(z) To assist the Committee in facilitating assistance on capacity-building for enhancing implementation of the measures, upon request by Member States;
(aa) To work with INTERPOL and Member States to obtain photographs and, in accordance with their national legislation, biometric information of listed individuals for possible inclusion in INTERPOL-United Nations Security Council Special Notices, to work with INTERPOL to ensure that INTERPOL-United Nations Security Council Special Notices exist for all listed individuals, groups, undertakings, and entities; and to further work with INTERPOL, as appropriate, to address possible or confirmed cases of false or mistaken identify, with a view to reporting to the Committee on such instances and proposing any recommendations;
(bb) To assist other subsidiary bodies of the Security Council, and their expert panels, upon request, with enhancing their cooperation with INTERPOL, referred to in resolution 1699 (2006), and to work, in consultation with the Secretariat, to standardize the format of all United Nations sanctions lists and the Consolidated Sanctions List so as to facilitate implementation by national authorities;
(cc) To report to the Committee, on a regular basis or when the Committee so requests, through oral and/or written briefings on the work of the Monitoring Team, including its visits to Member States and its activities;
(dd) Any other responsibility identified by the Committee.
Annex II
In accordance with paragraph 54 of this resolution, the Office of the Ombudsperson shall be authorized to carry out the following tasks upon receipt of a delisting request submitted by, or on behalf of, an individual, group, undertaking or entity on the ISIL (Da’esh) & Al-Qaida Sanctions List or by the legal representative or estate of such individual, group, undertaking or entity (“the petitioner”).
The Council recalls that Member States are not permitted to submit delisting petitions on behalf of an individual, group, undertaking or entity to the Office of the Ombudsperson.
Information gathering (four months)
1. Upon receipt of a delisting request, the Ombudsperson shall:
(a) Acknowledge to the petitioner the receipt of the delisting request;
(b) Inform the petitioner of the general procedure for processing delisting requests;
(c) Answer specific questions from the petitioner about Committee procedures;
(d) Inform the petitioner in case the petition fails to properly address the original listing criteria, as set forth in paragraph 2 of this resolution, and return it to the petitioner for his or her consideration; and
(e) Verify if the request is a new request or a repeated request and, if it is a repeated request to the Ombudsperson and it does not contain relevant additional information, return it to the petitioner, with an appropriate explanation, for his or her consideration.
2. For delisting petitions not returned to the petitioner, the Ombudsperson shall immediately forward the delisting request to the members of the Committee, designating State(s), State(s) of residence and nationality or incorporation, relevant United Nations bodies, and any other States deemed relevant by the Ombudsperson. The Ombudsperson shall ask these States or relevant United Nations bodies to provide, within four months, any appropriate additional information relevant to the delisting request. The Ombudsperson may engage in dialogue with these States to determine:
(a) These States’ opinions on whether the delisting request should be granted; and
(b) Information, questions or requests for clarifications that these States would like to be communicated to the petitioner regarding the delisting request, including any information or steps that might be taken by a petitioner to clarify the delisting request.
3. Where all designating States consulted by the Ombudsperson do not object to the petitioner’s delisting, the Ombudsperson may shorten the information gathering period, as appropriate.
4. The Ombudsperson shall also immediately forward the delisting request to the Monitoring Team, which shall provide to the Ombudsperson, within four months:
(a) All information available to the Monitoring Team that is relevant to the delisting request, including court decisions and proceedings, news reports, and information that States or relevant international organizations have previously shared with the Committee or the Monitoring Team;
(b) Fact-based assessments of the information provided by the petitioner that is relevant to the delisting request; and
(c) Questions or requests for clarifications that the Monitoring Team would like asked of the petitioner regarding the delisting request.
5. At the end of this four-month period of information gathering, the Ombudsperson shall present a written update to the Committee on progress to date, including details regarding which States have supplied information, and any significant challenges encountered therein. The Ombudsperson may extend this period once for up to two months if he or she assesses that more time is required for information gathering, giving due consideration to requests by Member States for additional time to provide information.
Dialogue (two months)
6. Upon completion of the information gathering period, the Ombudsperson shall facilitate a two-month period of engagement, which may include dialogue with the petitioner. Giving due consideration to requests for additional time, the Ombudsperson may extend this period once for up to two months if he or she assesses that more time is required for engagement and the drafting of the Comprehensive Report described in paragraph 8 below. The Ombudsperson may shorten this time period if he or she assesses less time is required.
7. During this period of engagement, the Ombudsperson:
(a) May submit questions, either orally or in writing, to the petitioner, or request additional information or clarifications that may help the Committee’s consideration of the request, including any questions or information requests received from relevant States, the Committee and the Monitoring Team;
(b) Should request from the petitioner a signed statement in which the petitioner declares that they have no ongoing association with Al-Qaida, ISIL, or any cell, affiliate, splinter group, or derivative thereof, and undertakes not to associate with Al-Qaida or ISIL in the future;
(c) Should meet with the petitioner, to the extent possible;
(d) Shall forward replies from the petitioner back to relevant States, the Committee and the Monitoring Team and follow up with the petitioner in connection with incomplete responses by the petitioner;
(e) Shall coordinate with States, the Committee and the Monitoring Team regarding any further inquiries of, or response to, the petitioner;
(f) During the information gathering or dialogue phase, the Ombudsperson may share with relevant States information provided by a State, including that State’s position on the delisting request, if the State which provided the information consents;
(g) In the course of the information gathering and dialogue phases and in the preparation of the report, the Ombudsperson shall not disclose any information shared by a state on a confidential basis, without the express written consent of that state; and
(h) During the dialogue phase, the Ombudsperson shall give serious consideration to the opinions of designating States, as well as other Member States that come forward with relevant information, in particular those Member States most affected by acts or associations that led to the original listing.
8. Upon completion of the period of engagement described above, the Ombudsperson, with the help of the Monitoring Team, as appropriate, shall draft and circulate to the Committee a Comprehensive Report that will exclusively:
(a) Summarize and, as appropriate, specify the sources of, all information available to the Ombudsperson that is relevant to the delisting request. The report shall respect confidential elements of Member States’ communications with the Ombudsperson;
(b) Describe the Ombudsperson’s activities with respect to this delisting request, including dialogue with the petitioner; and
(c) Based on an analysis of all the information available to the Ombudsperson and the Ombudsperson’s recommendation, lay out for the Committee the principal arguments concerning the delisting request. The recommendation should state the Ombudsperson’s views with respect to the listing as of the time of the examination of the delisting request.
Committee discussion
9. After the Committee has had fifteen days to review the Comprehensive Report in all official languages of the United Nations, the Chair of the Committee shall place the delisting request on the Committee’s agenda for consideration.
10. When the Committee considers the delisting request, the Ombudsperson, shall present the Comprehensive Report in person and answer Committee members’ questions regarding the request.
11. Committee consideration of the Comprehensive Report shall be completed no later than thirty days from the date the Comprehensive Report is submitted to the Committee for its review.
12. After the Committee has completed its consideration of the Comprehensive Report, the Ombudsperson may notify all relevant States of the recommendation.
13. Upon the request of a designating State, State of nationality, residence, or incorporation, and with the approval of the Committee, the Ombudsperson may provide a copy of the Comprehensive Report, with any redactions deemed necessary by the Committee, to such States, along with a notification to such States confirming that:
(a) All decisions to release information from the Ombudsperson’s Comprehensive Reports, including the scope of information, are made by the Committee at its discretion and on a case-by-case basis;
(b) The Comprehensive Report reflects the basis for the Ombudsperson’s recommendation and is not attributable to any individual Committee member; and
(c) The Comprehensive Report, and any information contained therein, should be treated as strictly confidential and not shared with the petitioner or any other Member State without the approval of the Committee.
14. In cases where the Ombudsperson recommends retaining the listing, the requirement for States to take the measures in paragraph 2 of this resolution shall remain in place with respect to that individual, group, undertaking or entity, unless a Committee member submits a delisting request, which the Committee shall consider under its normal consensus procedures.
15. In cases where the Ombudsperson recommends that the Committee consider delisting, the requirement for States to take the measures described in paragraph 2 of this resolution shall terminate with respect to that individual, group, undertaking or entity 60 days after the Committee completes consideration of a Comprehensive Report of the Ombudsperson, in accordance with this annex II, including paragraph 7 (h), unless the Committee decides by consensus before the end of that 60-day period that the requirement shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of 60 days; and provided further that, in the event of such a request, the requirement for States to take the measures described in paragraph 2 of this resolution shall remain in force for that period with respect to that individual, group, undertaking or entity until the question is decided by the Security Council.
16. Following the conclusion of the process described in paragraphs 55 and 56 of this resolution, the Committee shall convey to the Ombudsperson, within 60 days, whether the measures described in paragraph 2 are to be retained or terminated, setting out reasons and including any further relevant information, and an updated narrative summary of reasons for listing, where appropriate, for the Ombudsperson to transmit to the petitioner. The 60-day deadline applies to outstanding matters before the Ombudsperson or the Committee and will take effect from the adoption of this resolution.
17. After the Ombudsperson receives the communication from the committee under paragraph 28, if the measures in paragraph 2 are to be retained, the Ombudsperson shall send to the petitioner, with an advance copy sent to the Committee, a letter that:
(a) Communicates the outcome of the petition;
(b) Describes, to the extent possible and drawing upon the Ombudsperson’s Comprehensive Report, the process and publicly releasable factual information gathered by the Ombudsperson; and
(c) Forwards from the Committee all information about the decision provided to the Ombudsperson pursuant to paragraph 28 above.
18. In all communications with the petitioner, the Ombudsperson shall respect the confidentiality of Committee deliberations and confidential communications between the Ombudsperson and Member States.
19. The Ombudsperson may notify the petitioner, as well as those States relevant to a case but which are not members of the Committee, of the stage at which the process has reached.
Other Office of the Ombudsperson Tasks
20. In addition to the tasks specified above, the Ombudsperson shall:
(a) Distribute publicly releasable information about Committee procedures, including Committee Guidelines, fact sheets and other Committee-prepared documents;
(b) Where address is known, notify individuals or entities about the status of their listing, after the Secretariat has officially notified the Permanent Mission of the State or States, pursuant to paragraph 53 of this resolution; and
(c) Submit biannual reports summarizing the activities of the Ombudsperson to the Security Council.
Resolution 2252 (2015) Adopted by the Security Council at its 7581st meeting, on 15 December 2015
The Security Council,
Recalling its previous resolutions 1996 (2011), 2046 (2012), 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206 (2015), 2223 (2015), and 2241 (2015), and statements by its President S/PRST/2014/16, S/PRST/2014/26 and S/PRST/2015/9,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity, and national unity of the Republic of South Sudan, and recalling the importance of the principles of non-interference, good-neighbourliness, and regional cooperation,
Welcoming the signing of the “Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the “Agreement”) as contained in the annex to S/2015/654, by President Salva Kiir Mayardit, the Sudanese People’s Liberation Movement/Sudanese People’s Liberation Army in Opposition (SPLM/SPLA-IO) Chairman Dr. Riek Machar Teny, Former Detainees representative Mr. Pagan Amum Okiech, and other stakeholders, and recognizing these signatures as a commitment by the parties to implement the Agreement, without exception, welcoming the steps that the parties to the Agreement have taken towards implementation of the Agreement including the declarations of ceasefire and signing of the transitional security arrangements, and calling upon the parties, with support from the United Nations and the international community, to fully implement the Agreement, including its timelines,
Expressing its concern with any statement or action by any party suggesting a lack of commitment to implement the Agreement, as contained exclusively in the annex to S/2015/654, and noting with deep concern reports of continued fighting, calling upon the parties to adhere to the permanent ceasefire immediately, and noting with deep concern the delays in implementing some other parts of the agreement including the establishment of a Transitional Government of National Unity (TGoNU),
Commending the expanded efforts of the “IGAD-Plus” configuration in helping to facilitate the signing of the Agreement by the parties and welcoming its ongoing support to implement the Agreement; and urging enhanced support by the international community, in particular the Intergovernmental Authority on Development (IGAD) and the African Union (AU), during the peace implementation,
Welcoming the appointment of former President of Botswana Festus Mogae as Chair of the Joint Monitoring and Evaluation Commission (JMEC), and the first meeting of the JMEC on 27 November 2015, and urging all parties and international partners to engage fully with the JMEC and other bodies created by the Agreement,
Recognizing the important role played by civil society organizations, faith leaders, women, and youth in South Sudan in reaching the Agreement, and underscoring the importance of their participation — and that of other political parties — in implementing the Agreement,
Recalling its resolution 2086 (2013) and reaffirming the basic principles of peacekeeping, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, recognizing that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned, and underlining in this regard, that the basic principles are consistent with the mandates that the Security Council authorizes that seek to tackle new challenges faced by peacekeeping operations, such as force protection and safety and security, protection of civilians, and asymmetric threats, and that the Security Council expects full delivery of the mandates it authorizes,
Reiterating its grave alarm and concern regarding the political, security, economic, and humanitarian crisis in South Sudan, resulting from the internal Sudan People’s Liberation Movement (SPLM) political dispute, and subsequent violence caused by the country’s political and military leaders since December 2013,
Recognizing that the safe return of all parties to Juba and the implementation of stable security arrangements in the capital during the transitional period are essential to the successful implementation of the Agreement as it will build confidence in the wider transitional security arrangements, and encouraging all parties to continue their efforts at reconciliation and building a democratic state,
Taking note with interest of the reports on the human rights situation in South Sudan issued by the United Nations Mission in the Republic of South Sudan (UNMISS) and the Secretary-General, welcoming the release of the AU Commission of Inquiry report on South Sudan and the Separate Opinion, and emphasizing its hope that these and other credible reporting will be duly considered by any transitional justice and reconciliation mechanisms for South Sudan including those established in the Agreement,
Expressing grave concern that according to some of these reports there are reasonable grounds to believe that war crimes and crimes against humanity, including those involving extrajudicial killings, rape and other acts of sexual violence, enforced disappearances, the use of children in armed conflict, arbitrary arrests and detention, and attacks on schools and hospitals have been committed by both government and opposition forces, and noting that crimes involving these actions threaten the peace, security and stability of South Sudan,
Strongly condemning all human rights violations and abuses and violations of international humanitarian law, including those involving extrajudicial killings, ethnically targeted violence, rape and other forms of sexual and gender-based violence, recruitment and use of children, enforced disappearances, arbitrary arrests and detention, violence aimed at spreading terror among the civilian population, targeting of members of civil society, and attacks on schools, places of worship, hospitals, and United Nations and associated peacekeeping personnel, by all parties, including armed groups and national security forces, as well as the incitement to commit such abuses and violations,
Stressing the increasingly urgent need to end impunity in South Sudan and to bring to justice all perpetrators of such crimes, and further stressing the importance of accountability, reconciliation and healing in ending impunity and ensuring a sustainable peace,
Further condemning harassment and targeting of journalists, and the use of media to broadcast hate speech and transmit messages instigating violence against a particular ethnic group, a practice that has the potential to play a significant role in promoting mass violence and exacerbating conflict, calling on the Government of South Sudan to take all appropriate measures in order to deter such activity, and further urging all parties to desist from these actions and instead contribute to promoting peace and reconciliation among the communities,
Emphasizing the importance of accountability for those responsible for violations of international humanitarian law and violations and abuses of human rights and that the Government of South Sudan bears the primary responsibility to protect its populations from crimes against humanity, war crimes, ethnic cleansing, and genocide,
Expressing serious and urgent concern over the approximately 2.4 million displaced persons and deepening humanitarian crisis, stressing the responsibility borne by all parties to the conflict for the suffering of the people of South Sudan, and the necessity of ensuring that the basic needs of the population are met, and commending United Nations humanitarian agencies, partners, and donors for their efforts to provide urgent and coordinated support to the population,
Recalling the need for all parties to the conflict to allow and facilitate, in accordance with relevant provisions of international law and United Nations guiding principles of humanitarian assistance, the full, safe and unhindered access of relief personnel, equipment and supplies and timely delivery of humanitarian assistance, to all those in need, in particular to internally displaced persons (IDPs) and refugees,
Condemning all attacks against humanitarian personnel and facilities, including those that resulted in the deaths of at least 41 personnel since December 2013, and recalling that attacks against humanitarian personnel and depriving civilians of objects indispensable to their survival may amount to violations of international humanitarian law,
Expressing its deep appreciation for the actions taken by UNMISS peacekeepers and troop- and police-contributing countries to protect civilians, including foreign nationals, under threat of physical violence and to stabilize the security situation within and beyond UNMISS sites, recognizing the significant resource and capacity challenges the Mission faces in implementing its mandate, expressing appreciation for UNMISS’s efforts to support IDPs seeking protection on its sites, while underlining the necessity to find sustainable solutions for IDPs including in alternative safe and secure locations, and in keeping with the Guiding Principles on Internal Displacement, and underlining in this regard need to extend its presence, including through proactive deployment and patrolling, to areas of displacement, return, and resettlement,
Reaffirming that sustainable peace requires an integrated approach based on coherence between political, security, development, human rights, including gender equality, rule of law, and justice and reconciliation activities and, in this regard, emphasizing the importance of the rule of law as one of the key elements of conflict prevention, peacekeeping, conflict resolution and peacebuilding,
Emphasizing that individuals or entities responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan, may be designated for targeted sanctions pursuant to resolution 2206 (2015), recalling its willingness to impose targeted sanctions and noting with interest the 26 September 2015 communiqué of the African Union Peace and Security Council expressing its determination to impose measures against all those who impede implementation of the Agreement,
Emphasizing that persistent barriers to full implementation of resolution 1325 (2000), and subsequent resolutions on women, peace, and security including 2242 (2015), will only be dismantled through dedicated commitment to women’s empowerment, participation, and human rights, and through concerted leadership, consistent information and action, and support, to build women’s engagement in all levels of decision-making,
Expressing deep concern at persistent restrictions placed upon the movement and operations of UNMISS, including through repeated violations of the Status of Forces Agreement (SOFA) and blocking the deployment of essential assets and enablers, and underscoring the importance of close cooperation and communication between UNMISS and the Government of South Sudan in addressing these issues,
Strongly condemning the attacks by government and opposition forces and other groups on United Nations and IGAD personnel and facilities, including the December 2012 downing of a United Nations helicopter by the SPLA, the April 2013 attack on a United Nations convoy, the December 2013 attack on the UNMISS camp in Akobo, the August 2014 shooting down of a United Nations helicopter by unidentified armed groups, the August 2014 arrest and detention of an IGAD monitoring and verification team, the October 2015 seizure and detention of UNMISS personnel and equipment in Upper Nile State by opposition forces, the detention and kidnappings of United Nations and associated personnel, the repeated attacks on the UNMISS camps in Bor, Bentiu, Malakal and Melut, and the disappearance purportedly caused by SPLA forces, and deaths of three United Nations-affiliated national staff and one national contractor in Upper Nile State, and, calling upon the Government of South Sudan to complete its investigations of these attacks in a swift and thorough manner and to hold those responsible to account,
Reiterating its request that UNMISS take additional measures, as appropriate, to ensure the security of its air operations in South Sudan, and report thereon to the Council,
Stressing the importance of effective engagement and liaison with local communities, as well as humanitarian actors, both within and outside the Protection of Civilians sites, in order to fulfil UNMISS’s Protection of Civilians mandate,
Expressing grave concern regarding the threats made to oil installations, petroleum companies and their employees, and urging all parties to ensure the security of economic infrastructure,
Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in South Sudan arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons,
Expressing its appreciation for IGAD’s operation of the Monitoring and Verification Mechanism (MVM) and welcoming its transition to the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM), and calling for the withdrawal of armed groups invited by either side, consistent with the Agreement,
Reaffirming its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006), 1894 (2009), 2150 (2014) and 2222 (2015) on the protection of civilians in armed conflict, and 1502 (2003) and 2175 (2015) on the protection of humanitarian and United Nations personnel; resolutions 1612 (2005), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014) and 2225 (2015) on children and armed conflict; resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), and 2122 (2013) on women, peace, and security; resolution 2150 (2014) on the prevention and fight against genocide; resolution 2151 (2014) on security sector reform; and resolution 2171 (2014) on conflict prevention,
Taking note of the 23 November 2015 Secretary-General’s reports and letter (S/2015/903, S/2015/899, and S/2015/902) and the recommendations contained therein,
Determining that the situation in South 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. Reiterates its endorsement of the Cessation of Hostilities (CoH) Agreement accepted and signed by the Government of South Sudan and the SPLM/SPLA-IO on 23 January 2014, further endorses the “Agreement on the Resolution of the Conflict in the Republic of South Sudan”, as contained in the annex to S/2015/654 (the “Agreement”), which is designed to bring this conflict to an end; calls for immediate and full implementation of the Agreements by the parties, and expresses its intention to consider all appropriate measures, as demonstrated by its 3 March 2015 unanimous adoption of resolution 2206 (2015), against those who take action that undermines the peace, stability, and security of South Sudan, including those who prevent the implementation of these agreements;
2. Urges all parties to engage in an open and fully inclusive national dialogue seeking to implement lasting peace, reconciliation and good governance, including through the full and effective participation of youth, women, diverse communities, faith groups, civil society, and all political parties, and encourages the efforts of the JMEC, IGAD, the AU, and the United Nations to support implementation of the Agreement by the parties;
3. Requests and encourages the Special Representative of the Secretary-General to exercise her good offices to lead the UN system in South Sudan in assisting the JMEC, the AU and other actors, as well as the parties, with swift implementation of the Agreement and to promote reconciliation and underscores the importance of the SRSG’s good offices in de-escalation of any violence;
4. Decides to extend the mandate of UNMISS until 31 July 2016;
5. Underscores the importance of security in Juba for successful implementation of the Agreement, and further underscores the importance of the role of the Joint Integrated Police (JIP) to provide security in Juba, implementation of the security mechanisms called for in the Agreement, including the Joint Operations Centre, and implementation of arrangements agreed to in the Permanent Ceasefire and Transitional Security Arrangements workshop and subsequent meetings;
6. Affirms its intention to consider future additional mandated tasks for UNMISS in support of the transitional security arrangements in Juba, and in this regard, requests the Secretary-General, to develop a plan for UNMISS to take appropriate action to deter and respond to any escalation of violence in and around Juba, in order to effectively protect civilians, and to protect critical infrastructure in Juba needed to facilitate the safe movement of humanitarian actors and other individuals in the event of such escalation, and to present his plan to the Security Council for consideration by 15 January 2016;
7. Decides to increase the force levels of UNMISS up to a ceiling of 13,000 troops and 2,001 police personnel, including individual police officers, formed police units and 78 corrections officers, and requests the Secretary-General to take the necessary steps to expedite force and asset generation;
8. Decides that the mandate of UNMISS shall be as follows, and authorizes UNMISS to use all necessary means to perform the following tasks:
(a) Protection of civilians:
(i) To protect civilians under threat of physical violence, irrespective of the source of such violence, within its capacity and areas of deployment, with specific protection for women and children, including through the continued use of the Mission’s Child Protection and Women Protection Advisers;
(ii) To deter violence against civilians, including foreign nationals, especially through proactive deployment, active patrolling with particular attention to IDPs, including, but not limited to, those in protection sites and refugee camps, humanitarian personnel and human rights defenders, and identification of threats and attacks against civilians, including through regular interaction with civilians and working closely with humanitarian, human rights and development organizations, in areas at high risk of conflict including, as appropriate, schools, places of worship, hospitals, and the oil installations, in particular when the Government of the Republic of South Sudan is unable or failing to provide such security;
(iii) To implement a mission-wide early warning strategy, including a coordinated approach to information gathering, monitoring, verification, early warning and dissemination, and response mechanisms, including response mechanisms to threats and attacks against civilians that may involve violations and abuses of human rights or violations of international humanitarian law, as well as to prepare for further potential attacks on United Nations personnel and facilities;
(iv) To maintain public safety and security of and within UNMISS protection of civilians sites;
(v) To exercise good offices, confidence-building, and facilitation in support of the mission’s protection strategy, especially in regard to women and children, including to facilitate the prevention, mitigation and resolution of intercommunal conflict in order to foster sustainable local and national reconciliation as an essential part of preventing violence and long-term State-building activity;
(vi) To foster a secure environment for the eventual safe and voluntary return of IDPs and refugees including through monitoring of, ensuring respect for human rights by, and where compatible and in strict compliance with the United Nations Human Rights Due Diligence Policy (HRDDP), coordination with police services and civil society actors in relevant and protection-focused activities, such as sensitization to issues of sexual and gender-based violence, in order to strengthen protection of civilians;
(b) Monitoring, and investigating human rights:
(i) To monitor, investigate, verify, and report publicly and regularly on abuses and violations of human rights and violations of international humanitarian law, including those that may amount to war crimes or crimes against humanity;
(ii) To monitor, investigate, verify and report specifically and publicly on violations and abuses committed against children and women, including those involving all forms of sexual and gender-based violence in armed conflict by accelerating the implementation of monitoring, analysis and reporting arrangements on conflict-related sexual violence and by strengthening the monitoring and reporting mechanism for violations and abuses against children;
(iii) To coordinate with, and provide technical support to international, regional, and national mechanisms engaged in monitoring, investigating, and reporting human rights violations, as appropriate;
(c) Creating the conditions conducive to the delivery of humanitarian assistance:
(i) To contribute, in close coordination with humanitarian actors, to the creation of security conditions conducive to the delivery of humanitarian assistance, confidence-building and facilitation, so as to allow, the rapid, safe and unhindered access of relief personnel to all those in need in South Sudan and timely delivery of humanitarian assistance, in particular to IDPs and refugees, recalling the need for compliance with the relevant provisions of international law and respect for the UN guiding principles of humanitarian assistance;
(ii) To ensure the security and freedom of movement of United Nations and associated personnel where appropriate, and to ensure the security of its installations and equipment necessary for implementation of mandated tasks;
(d) Supporting the Implementation of the Agreement:
To carry out, within its capabilities, the following tasks in support of the implementation of the Agreement:
(i) To support the planning and establishment of agreed transitional security arrangements, including the establishment and operation of the Joint Operations Centre;
(ii) To support the work of a National Constitutional Amendment Committee (NCAC) and the incorporation of the Agreement into the Transitional Constitution of the Republic of South Sudan, upon request of the parties to the Agreement;
(iii) To support, as requested by the TGoNU, the permanent constitution-making process, consistent with the Agreement, including providing technical assistance to the National Constitutional Review Commission for the drafting process and supporting public consultations during the constitution-making process;
(iv) To assist the parties to develop a strategy to address disarmament, demobilization, reintegration (DDR) and security sector reform (SSR) activities;
(v) To participate in and support the CTSAMM in implementation of its mandate to monitor the separation, assembly and cantonment of forces consistent with the Agreement, including to provide support for mobile and dedicated fixed site security;
(vi) To actively participate in and support the work of the JMEC;
(vii) To advise, and assist the National Elections Commission, in coordination with members of the United Nations country team, consistent with the Agreement, and once the TGoNU has taken office;
(viii) To provide training support and advisory assistance, to the JIP, consistent with the HRDDP, including for the development and implementation of a training curriculum and strategic planning;
9. Encourages the Secretary-General to assist the JMEC and the parties in the mass communication and dissemination of key messages in support of the Agreement’s implementation;
10. Emphasizes that protection of civilians, as described in paragraph 8 (a), must be given priority in decisions about the use of available capacity and resources within the mission;
11. Requests the Secretary-General, through his Special Representative, to continue to direct the operations of an integrated UNMISS and coordinate all activities of the United Nations system in the Republic of South Sudan, to deliver a coherent international approach to implementing peace in the Republic of South Sudan, and to use the United Nations’ good offices to engage with all stakeholders;
12. Requests that the Secretary-General provide detailed information on force generation, restructuring of the UNMISS force, logistical support and enablers, including as part of his regular reports, and requests the Secretary-General to review needs on the ground and provide an updated assessment of the force’s operations, deployment and future requirements in his regular reports to the Council;
13. Requests the Secretary-General to prioritize the complete deployment of UNMISS personnel to the authorized military and police strength, including tactical military helicopters and unarmed unmanned aerial systems;
14. Requests UNMISS to take fully into account gender considerations as a crosscutting issue throughout its mandate, in particular regarding women’s participation in implementation of the Agreement, including in support to the JIP, activities in support of constitution development, ceasefire monitoring, cantonment, disarmament, demobilization and security sector reform, and reiterates its request for enhanced reporting by UNMISS to the Council on this issue;
15. Requests UNMISS to continue to intensify its presence and active patrolling in areas of high risk of conflict, high concentrations of IDPs and refugees, including as guided by its early warning strategy, in both government and opposition-held areas, and key routes for population movement, to extend its presence, including through proactive deployment and patrolling, to areas of displacement, return, and resettlement, in order to foster a secure environment for the eventual safe and voluntary return of IDPs and refugees, and to conduct regular reviews of its geographic deployment to ensure that its forces are best placed to fulfil its mandate, and requests the Secretary-General provide an update to the Security Council on how the Mission is working towards fulfilling its protection of civilian duties, including, but not limited to new patrol areas and proactive deployment, and on the measures to be taken to transform the Mission to become more efficient and effective in implementing its mandate as part of his regular reports;
16. Recalls S/PRST/2015/22, and further requests the Secretary-General to take the necessary measures to ensure full compliance of UNMISS with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council fully informed through his regular country-specific reports to the Council about the Mission’s progress in this regard, and urges troop- and police-contributing Countries to take appropriate preventive action including predeployment awareness training, and to ensure full accountability in cases of such conduct involving their personnel;
17. Encourages UNMISS to ensure that any support provided to non-United Nations security forces is provided in strict compliance with the HRDDP on United Nations Support to non-United Nations security forces and requests the Secretary-General to include progress made in implementing the policy in his reports to the Council;
18. Requests UNMISS to assist the Committee, within existing resources, established pursuant to paragraph 16 of resolution 2206 (2015) and the Panel of Experts established by the same resolution; further urges all parties and Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts and further urges all Member States involved to ensure the safety of the members of the Panel of Experts and unhindered access, in particular to persons, documents and sites in order for the Panel of Experts to execute its mandate;
19. Condemns in the strongest terms attacks on and threats made to UNMISS personnel and United Nations facilities, as well as those of IGAD, such as the August 2014 shooting down of a United Nations helicopter, the August 2014 arrest and detention of an IGAD monitoring and verification team, the detention and kidnappings of United Nations and associated personnel, the October 2015 seizure and detention of UNMISS personnel and equipment in Upper Nile State by opposition forces, and the repeated attacks on the UNMISS camps in Bor, Bentiu, Malakal and Melut, stresses that such attacks may constitute violations of the SOFA and/or war crimes, demands that all parties respect the inviolability of United Nations premises and immediately desist and refrain from any violence against those gathered at United Nations facilities, notes that the TGoNU, when created, will be bound by the terms of the SOFA, and further demands the immediate and safe release of detained and kidnapped United Nations and associated personnel;
20. Recalls the designation criteria detailed in paragraph 7 of resolution 2206 (2015), stresses the sanctity of United Nations protection sites, and specifically underscores that individuals or entities that are responsible or complicit in, or have engaged in, directly or indirectly, attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel, threaten the peace, security and stability of South Sudan and therefore may meet the designation criteria;
21. Reiterates its request that UNMISS take additional measures, as appropriate, to ensure the security of its air operations in South Sudan and report thereon to the Council;
22. Demands that the Government of South Sudan comply fully and without delay with the SOFA with UNMISS and all relevant parties cooperate fully in the deployment, operations, and monitoring, verification, and reporting functions of UNMISS, in particular by guaranteeing the safety, security, and unrestricted freedom of movement of United Nations and associated personnel, throughout the territory of the Republic of South Sudan, and further calls upon the Government of South Sudan to ensure freedom of movement for IDPs, including those leaving and entering protection of civilian sites, and to continue to support UNMISS by the allocation of land for protection of civilian sites;
23. Demands that all parties allow, in accordance with relevant provisions of international law and United Nations guiding principles of emergency humanitarian assistance, the rapid, safe and unhindered access of relief personnel, equipment and supplies, and timely delivery of humanitarian assistance, to all those in need throughout South Sudan in particular to IDPs and refugees and stresses that any returns or other durable solutions for IDPs or refugees must be undertaken on a voluntary and informed basis in conditions of dignity and safety;
24. Further demands that all parties immediately cease all forms of violence, human rights violations and abuses, violations of international humanitarian law, including rape and other forms of sexual and gender-based violence;
25. Condemns all violations of applicable international law, including international humanitarian law and violations and abuses of international human rights committed by all parties to the conflict, in particular against children, such as those involving their recruitment and use as child soldiers, killing and maiming, and abduction as well as attacks against schools and hospitals, urges all parties to the conflict to implement the Conclusions on Children and Armed Conflict in South Sudan adopted by the Security Council Working Group on Children and Armed Conflict on 8 May 2015, strongly urges the Government to fully and immediately implement its revised action plan to end and prevent violations committed against children, and further strongly urges the SPLM/SPLA-IO to fully and immediately implement their commitment to end violations and abuses against children signed on 10 May 2014; takes note of the 29 October 2014 national launch of the campaign “Children, Not Soldiers” by the Government, and welcomes the release of children by the South Sudan Democratic Movement/Army Cobra faction;
26. Expresses grave concern at the findings of the Special Representative of the Secretary-General on Sexual Violence in Conflict of ongoing rampant sexual violence in South Sudan and welcomes the 11 October 2014 Joint Communiqué of the Government of South Sudan and the United Nations on Addressing Conflict-Related Sexual Violence, the December 2014 unilateral communiqué issued by the SPLM/A-IO on Preventing Conflict-Related Sexual Violence, and the signing of undertakings by senior commanders of the SPLA-IO as well as the development of an Implementation Plan in addressing conflict-related sexual violence in accordance with resolution 1960 (2010) and 2106 (2013), urges the SPLA and SPLA-IO to take concrete, specific and time-bound steps towards implementing their respective Communiqués with the support of the United Nations and other stakeholders; calls upon the Government of South Sudan to ensure the meaningful participation of the SPLA in all the discussions and processes aimed at implementing the Joint Communiqué, and urges the SPLA and SPLA-IO to prevent further commission of sexual violence and to show concrete steps taken to hold perpetrators within their ranks accountable;
27. Requests the Secretary-General to make available technical assistance for the implementation of Chapter V of the Agreement, including in the setting up of the Hybrid Court for South Sudan contemplated by the Agreement, to the Commission of the African Union and to the Transitional Government of National Unity, in consultation with them and consistent with Article 1.5 of Chapter V of the Agreement, and including with regard to the establishment of the Commission for Truth, Reconciliation, and Healing;
28. Looks forward to the Secretary-General’s report on the technical assistance provided consistent with paragraph 26 above to the African Union and the Transitional Government of National Unity with respect to Chapter V of the Agreement, including the Hybrid Court for South Sudan contemplated by the Agreement, and invites the African Union to share information on progress made with the Secretary-General to inform his report, and expresses the Security Council’s intention at that time to assess the work that has been done in the establishment of the Hybrid Court, in line with international standards;
29. Calls upon the Government of South Sudan to move forward expeditiously and transparently to complete the ongoing investigations of allegations of human rights violations and abuses in a manner consistent with its international obligations, and encourages it to release the reports of those investigations;
30. Further calls upon the Government of South Sudan, while taking note of paragraph 3.2.2 of Chapter V of the Agreement, to hold to account all those responsible for violations and abuses of human rights and violations of international humanitarian law, and to ensure that all victims of sexual violence have equal protection under the law and equal access to justice, and to safeguard equal respect for the rights of women and girls in these processes;
31. Calls upon all parties to ensure women’s full and effective representation and leadership in all conflict resolution and peacebuilding efforts including through support to women’s civil society organizations; further encourages troop- and police-contributing countries to take measures to increase the deployment of women in the military, police, and civilian components of the mission, and reaffirms the importance of appropriate gender expertise and training in all missions mandated by the Security Council;
32. Condemns attacks on oil installations, petroleum companies and their employees, and the continued fighting around these facilities, and urges all parties to ensure the security of economic infrastructure;
33. Requests that the Secretary-General report to the Security Council on the implementation of the UNMISS mandate, as well as information on violations of the Status of Forces Agreement, including on UNMISS responses to any such violations, in a written report to be submitted no later than 60 days from adoption of this resolution and every 60 days after that;
34. Decides to remain actively seized of the matter.
Resolution 2251 (2015) Adopted by the Security Council at its 7580th meeting, on 15 December 2015
The Security Council,
Recalling its previous resolutions and its presidential statements on the situation in Sudan and South Sudan, and in particular, resolutions 1990 (2011), 2024 (2011), 2032 (2011), 2046 (2012), 2047 (2012), 2075 (2012), 2104 (2013), 2126 (2013), 2156 (2014), 2179 (2014), 2205 (2015), and 2230 (2015) as well as presidential statements S/PRST/2012/19 and S/PRST/2013/14, and the Council’s press statements of 18 June 2012, 21 September 2012, 28 September 2012, 6 May 2013, 14 June 2013, 14 February 2014, 17 March 2014 and 11 December 2014,
Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Sudan and South Sudan, and to the purposes and the principles of the Charter of the United Nations, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation,
Reiterating that the territorial boundaries of States shall not be altered by force, and that any territorial disputes shall be settled exclusively by peaceful means, affirming the priority it attaches to the full and urgent implementation of all outstanding issues from the Comprehensive Peace Agreement (CPA), and underscoring that the future status of Abyei shall be resolved by negotiations between the parties in a manner consistent with the CPA and not by the unilateral actions of either party,
Recalling the commitments made by the Government of Sudan and the Government of South Sudan in the 20 June 2011 Agreement between the Government of Sudan and the Sudan People’s Liberation Movement on Temporary Arrangements for the Administration and Security of the Abyei Area, the 29 June 2011 Agreement between the Government of the Sudan and the Government of South Sudan on Border Security and the Joint Political and Security Mechanism (JPSM), and the 30 July 2011 Agreement on the Border Monitoring Support Mission between the Government of Sudan and the Government of South Sudan, as well as the 27 September 2012 Agreements on Cooperation and Security Arrangements, the JPSM’s 8 March 2013 decision, and the Implementation Matrix of 12 March 2013, reached by the Government of Sudan and the Government of South Sudan in Addis Ababa under the auspices of the African Union High-level Implementation Panel (AUHIP), as well as the extraordinary meeting of the JPSM 13-14 October 2015,
Expressing its full support for the efforts of the African Union on the situation between the Republic of Sudan and the Republic of South Sudan, in order to ease the current tension, facilitate the resumption of negotiations on post-secession relations and the normalization of their relations, recalling in this regard the African Union Peace and Security Council (AUPSC) communiqués of 24 April 2012, 24 October 2012, 25 January 2013, 7 May 2013, 29 July 2013, 23 September 2013, 26 October 2013, 12 November 2013, 12 September 2014, 31 July 2015, and 25 August 2015; the AUPSC press statements of 6 November 2013 and 24 March 2015; and the statement from the Chairperson of the African Union Commission on 28 October 2013 and the 24 June 2015 and 14 October 2015 statements from the African Union Commission,
Reaffirming its previous resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006), 1894 (2009) 2175 (2014) and 2222 (2015) on the protection of civilians in armed conflict; 1612 (2005), 1882 (2009), 1998 (2011), 2068 (2012), 2143 (2014) and 2223 (2015) on children and armed conflict; 1502 (2003) on the protection of humanitarian and United Nations personnel; and 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), and 2242 (2015) on women peace and security,
Stressing the need for effective human rights monitoring and reporting, including of any sexual and gender-based violence and violations and abuses committed against women and children, taking note that there have been no developments with regard to the operationalization of human rights monitoring in the Abyei Area, and reiterating its concern at the lack of cooperation by the parties with the Secretary-General to this end,
Recalling that its resolution 2086 (2013) reiterates the importance, when establishing and renewing the mandates of United Nations Missions, of including provisions on the promotion of gender equality and the empowerment of women in post-conflict situations and on children and armed conflict, and emphasizing that persistent barriers to full implementation of resolution 1325 (2000), and subsequent resolutions on Women, Peace, and Security, including 2242 (2015), will only be dismantled through dedicated commitment to women’s empowerment, participation, and human rights, and through concerted leadership, consistent information and action, and support, to build women’s engagement in all levels of decision-making,
Acknowledging the Government of Sudan and the Government of South Sudan’s acceptance at the 13-14 October 2015 JPSM meeting of the map presented by the AUHIP in November 2011 relating to the SDBZ, their agreement that the centreline is only the location of the separation line between armed forces, as well as the Parties’ agreement to activate all mechanisms relating to the JPSM as provided for in relevant agreements, and encouraging the parties to delineate or agree on the coordinates of, and demilitarize the SDBZ, including the “14 Mile Area”, and to fully implement the Joint Border Verification and Monitoring Mechanism (JBVMM), in accordance with Security Council resolution 2046 (2012) and the AUPSC Roadmap of 24 April 2012, and underlining the importance of fully establishing and maintaining effective JBVMM monitoring of the SDBZ, including the “14 Mile Area”, and further urging the parties to cooperate in allowing the United Nations Interim Security Force for Abyei (UNISFA) to fulfil its responsibility to provide security for the JBVMM’s mission to monitor the SDBZ,
Noting with concern the absence of local institutions to manage the Abyei Area, lack of progress in convening an Abyei Joint Oversight Committee (AJOC) meeting since March 2015 and lack of progress in convening a meeting of Misseriya and Ngok Dinka leaders,
Recognizing the importance of regular dialogue between the Governments of Sudan and South Sudan, recalling the United Nations Security Council decision in resolution 2046 (2012) that the parties must resume immediately negotiations to reach agreement on Abyei final status under the auspices of the AUHIP, calling upon all parties to engage constructively in the process mediated by the AUHIP towards final agreement on the final status of the Abyei Area, and stressing that the parties must immediately implement pending aspects of the 20 June 2011 Agreement, in particular to resolve the dispute over the Abyei Area Agreement, and to resolve the dispute over the Abyei Area Council, and immediately establish the Abyei Area Administration and Abyei Police Service,
Stressing that both countries and communities will have much to gain if they show restraint and choose the path of dialogue instead of resorting to violence or provocations,
Commending the continued assistance provided to the parties by the AUHIP, the Intergovernmental Authority on Development, the Federal Democratic Republic of Ethiopia, the Special Envoy of the Secretary-General for Sudan and South Sudan, and the United Nations Interim Security Force for Abyei (UNISFA),
Further commending the efforts of UNISFA in effectively carrying out its mandate, including by its ongoing facilitation of peaceful migration throughout the Abyei Area, conflict prevention, mediation and deterrence, and expressing its deep appreciation for the work of the troop-contributing countries, and strongly underscoring the unacceptability of any attack on UN personnel, including the 26 November attack that resulted in the death of a peacekeeper, and reiterating that such attacks should be swiftly and thoroughly investigated, and that those responsible should be held to account,
Taking note of the security situation in the Abyei Area as characterized by the 11 September 2015 and 13 November 2015 Secretary-General’s reports (S/2015/700 and S/2015/870), and acknowledging UNISFA’s contribution to enhanced peace and stability since its deployment and expressing its determination to prevent the recurrence of violence against or displacements of civilians and to avert intercommunal conflict,
Reiterating its deep concern regarding the public administration and rule of law vacuum in the Abyei Area, due to continued delays in the establishment of the Abyei Area Administration Council and Police, including a special unit to deal with particular issues related to nomadic migration, which are essential to maintain law and order and prevent intercommunal conflict in Abyei, and in this regard, welcoming UNISFA’s efforts to support and strengthen community protection committees, and to continue engaging with both governments on this issue,
Noting with concern the continued delay in establishing the temporary institutions and resolving the final status of Abyei and that the continued threat of intercommunal violence contributes to heightened tensions in the Abyei Area, including those ongoing tensions that prevent UNISFA’s and other agencies’ Sudanese staff from returning to Abyei,
Urging all parties to refrain from any unilateral action that could aggravate intercommunal relations within the Abyei Area, expressing concern over the continued implications of what the AUPSC described in their 6 November 2013 press statement as “the decision by the Ngok Dinka to conduct a unilateral referendum” and also in this context, taking note that the Government of Sudan proceeded with its April 2015 national elections in Abyei,
Taking note of the information in the 13 November 2015 Secretary-General’s report (S/2015/870) regarding continued earthwork excavation in Diffra,
Bearing in mind the current humanitarian situation in which humanitarian actors continue to provide assistance to over 89,000 people in the Abyei Area and the importance of coherence of United Nations assistance in the region, and further stressing the urgency of facilitating the delivery of humanitarian assistance to all affected populations,
Affirming the importance of voluntary, safe, dignified return and sustainable reintegration of displaced persons, and of peaceful and orderly migration cycles respecting the traditional migratory routes from Sudan to South Sudan through Abyei, and urging UNISFA to continue to take measures as necessary to ensure security in the Abyei Area in accordance with its mandate,
Recalling its resolution 2117 (2013), and expressing grave concern at the threat to peace and security in Abyei arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, and in this regard, welcoming UNISFA’s progress on completing infrastructure, systems, and policy for weapons confiscation, storage and destruction,
Expressing concern about the residual threat of landmines and explosive remnants of war in the Abyei Area, which hinders the safe return of displaced persons to their homes, safe migration, and livelihood activities,
Taking note of the 11 September 2015 and 13 November 2015 Secretary-General’s reports (S/2015/700 and S/2015/870), including the hope that the momentum for dialogue between the two governments can revive implementation of the 20 June 2011 Abyei Agreement and translate into a sustainable improvement of border security, and the recommendations contained therein,
Recognizing that the current situation in Abyei and along the border between the Sudan and South Sudan continues to constitute a serious threat to international peace and security,
1. Decides to extend until 15 May 2016 the mandate of the United Nations Interim Security Force for Abyei (UNISFA) as set out in paragraph 2 of resolution 1990 (2011) and modified by resolution 2024 (2011) and paragraph 1 of resolution 2075 (2012), and acting under Chapter VII of the Charter of the United Nations, further decides to extend until 15 May 2016 the tasks of UNISFA as set out in paragraph 3 of resolution 1990 (2011), and determines that for the purposes of paragraph 1 of resolution 2024 (2011), support to the operational activities of the JBVMM shall include support to the Ad Hoc Committees, as appropriate when so requested by consensual decisions of these mechanisms, within UNISFA’s operational area and existing capabilities;
2. Takes note of the stated intention by both sides to hold another AJOC meeting, regrets the meeting has not yet taken place, and urges the swift resumption of regular meetings to ensure steady progress on the implementation of the 20 June 2011 Agreement, including the implementation of the AJOC decisions, welcomes African Union initiatives to support this goal and encourages its continued engagement, and requests the Secretary-General to provide an assessment of progress on these issues in his regular reports;
3. Underscores that continued cooperation between the Government of Sudan and Government of South Sudan is also critical for peace, security and stability and the future relations between them;
4. Further reiterates its demand that Sudan and South Sudan urgently commence the establishment of the Abyei Area Administration and Council, including by resolving the deadlock over the composition of the Council, and constitute the Abyei Police Service, to enable it to take over policing functions throughout the Abyei Area, including the protection of oil infrastructure, in accordance with their commitments in the 20 June 2011 Agreement;
5. Expresses renewed concern regarding the delays and stalled efforts to fully operationalize the JBVMM, takes note of the Secretary-General’s benchmarks and recommendations regarding JBVMM operations, takes note that continued investment in achieving full operational capability of the JBVMM should be based on a set of conditions, including resolution of the dispute over the SDBZ, resumption of border demarcation discussions, occurrence of regular meetings of the JPSM, and granting of full freedom of movement, and calls on both parties to demonstrate full commitment to implementation of their border arrangements and take the necessary steps to this effect, including by swiftly holding a new meeting of the JPSM to take the operational decisions related to their agreement on the SDBZ;
6. Decides to maintain the troops authorized by resolution 2104 (2013) already deployed, and that the remaining authorized forces continue to be deployed dependent on the evolution of the JBVMM, to enable UNISFA to provide required force protection to the JBVMM and to enable UNISFA to fully support the JBVMM to conduct extended operations into the SDBZ as soon as possible, and requests the Secretary-General to keep the Council fully updated on the status of deployment as part of his regular reporting cycle;
7. Calls upon the Government of Sudan and the Government of South Sudan to make timely and effective use of the JBVMM, JPSM and other agreed joint mechanisms to ensure the security and transparency of the SDBZ, including the “14 Mile Area”;
8. Urges renewed efforts to determine conclusively the SDBZ centreline on the ground, and reiterates that the centreline of the SDBZ in no way prejudices the current or future legal status of the border, ongoing negotiations on the disputed and claimed areas, and demarcation of the borders;
9. Underscores that UNISFA’s protection of civilians mandate as set out in paragraph 3 of resolution 1990 (2011) includes taking the necessary actions to protect civilians under imminent threat of physical violence, irrespective of the source of such violence;
10. Condemns the intermittent presence of South Sudan security service personnel and the deployment of Diffra Oil Police units in the Abyei Area, in violation of the 20 June 2011 agreement, as well as any entry of armed militias into the territory, and reiterates its demands that immediately and without preconditions the Government of South Sudan fully redeploy its security service personnel from the Abyei Area and that the Government of Sudan redeploy the Oil Police in Diffra from the Abyei Area, and further reiterates, in accordance with relevant resolutions, in particular resolution 1990 (2011) and resolution 2046 (2012), that the Abyei Area shall be demilitarized from any forces, as well as armed elements of the local communities, other than UNISFA and the Abyei Police Service;
11. Supports the AJOC’s 3 May 2013 and 30 March 2015 decisions on Abyei’s status as a weapons-free area, underscores the AUPSC’s concern in its 7 May 2013 Communiqué over reports that various communities living in Abyei are heavily armed, recalls that the 20 June 2011 Agreement on Temporary Arrangements for the Administration and Security of the Abyei Area stipulates that Abyei should be a weapons-free area and that only UNISFA is authorized to carry weapons inside the area, and in this regard, urges the two Governments to take all necessary steps to ensure that Abyei is effectively demilitarized, including through disarmament programs as necessary;
12. Reaffirms that UNISFA may undertake weapons confiscation and destruction in the Abyei Area as authorized under resolution 1990 (2011), consistent with its mandate and within its existing capabilities, in coordination with the signatories of the June 2011 Agreement on the Temporary Arrangements for the Administration and Security of the Abyei Area, the AJOC, and the Misseriya and Ngok Dinka communities and consistent with the previous AJOC decision to establish the Area as a “weapons free area”, and reiterates its request that UNISFA, observe, document and report on the movement of weapons into Abyei and the presence, destruction and confiscation of weapons within Abyei as part of the Secretary-General’s regular reporting cycle;
13. Requests UNISFA to continue its dialogue with the AJOC and with the Misseriya and Ngok Dinka communities on effective strategies and oversight mechanisms for ensuring full compliance by all relevant parties with Abyei’s status as a weapons-free area, with a particular priority placed on the urgent elimination of heavy or crew-served weapons, as well as rocket-propelled grenades, and calls upon the Governments of Sudan and South Sudan, the AJOC, and the Misseriya and Ngok Dinka communities to extend full cooperation to UNISFA in this regard;
14. Urges the two Governments immediately to take steps to implement confidence-building measures among the respective communities in the Abyei Area, including through reconciliation processes at the grass-roots level and supporting UNISFA in promoting community dialogue, urges the planned convening of a meeting between the Ngok Dinka and Misseriya traditional leaders, and strongly urges all Abyei communities to exercise maximum restraint in all their engagements and to desist from inflammatory acts or statements that may lead to violent clashes;
15. Welcomes UNISFA initiatives, under the leadership of Mr. Haile Tilahun Gebremariam, to support community dialogue and efforts by the Misseriya and Ngok Dinka communities to strengthen intercommunal relationships and facilitate stability and reconciliation in the Abyei Area, including the 17-19 September conference in Aweil, South Sudan, and the 7 October joint meeting at Todach, and encourages the parties to move forward with organizing the traditional leaders’ reconciliation meeting per the resolution of the AJOC meeting of 29-30 March 2015;
16. Welcomes UNISFA’s continued efforts, within existing capabilities and resources and, in close coordination with the Misseriya and Ngok Dinka communities, to strengthen the capacities of Community Protection Committees in order to assist with management of law and order processes in Abyei and to continue engaging with both governments on this issue;
17. Calls upon all parties to cooperate fully with the findings and recommendations following the Abyei Area Joint Investigation and Inquiry Committee’s investigation into the killing of a UNISFA peacekeeper and the Ngok Dinka Paramount Chief, welcomes the 24 March 2015 AUPSC press statement requesting the AU Commission to engage the parties on the findings and recommendations, and reiterates the need to enable the two communities to find closure on the assassination of the Ngok Dinka Paramount Chief, bearing in mind the need to promote stability and reconciliation in the Abyei Area;
18. Expresses its intention to review as appropriate the mandate of UNISFA for possible reconfiguration of the force in light of the compliance by Sudan and South Sudan with the decisions set forth in resolution 2046 (2012) and their commitments as set forth in the Agreements of 20 June, 29 June, 30 July 2011 and 27 September 2012, including the redeployment of all forces from the SDBZ, achieving full operational capability for the JVBMM, and the Ad Hoc Committees, as well as completing the full demilitarization of the Abyei Area;
19. Calls upon all Member States, in particular Sudan and South Sudan, to ensure the free, unhindered and expeditious movement, to and from Abyei and throughout the SDBZ, of all personnel, as well as equipment, provisions, supplies and other goods, including vehicles, aircraft, and spare parts, which are for the exclusive and official use of UNISFA;
20. Renews its call upon the Governments of Sudan and South Sudan to provide full support to the United Nations, including by promptly issuing visas to military, police and civilian United Nations personnel, including humanitarian personnel, without prejudice to their nationality, for entry into Sudan and South Sudan, facilitating basing arrangements, infrastructure construction in the Mission Area and flight clearances, and providing logistical support, calls upon the Governments of Sudan and South Sudan to facilitate travel from within Sudan and South Sudan to and from Abyei, and further calls upon all parties to fully adhere to their obligations under the Status of Forces Agreements;
21. Recognizes that the absence of development projects and the inability to deliver basic government services has had an adverse effect on Abyei populations and calls upon the Government of Sudan and the Government of South Sudan, as well as donors to support reconstruction and capacity-building;
22. Demands that the Government of Sudan and the Government of South Sudan continue to facilitate the deployment of the United Nations Mine Action Service (UNMAS) to ensure JBVMM freedom of movement, as well as the identification and clearance of mines in the Abyei Area and SDBZ;
23. Further demands that all parties involved allow all humanitarian personnel full, safe and unhindered access to civilians in need of assistance and all necessary facilities for their operations, in accordance with international law, including applicable international humanitarian law, and United Nations guiding principles of humanitarian assistance;
24. Strongly urges that all parties cease all forms of violence, human rights violations and abuses, violations of international humanitarian law, and violations and abuses against children in violation of applicable international law;
25. Requests the Secretary-General to ensure that effective human rights monitoring is carried out, and the results included in his reports to the Council, and reiterates its call upon the Government of Sudan and the Government of South Sudan to extend their full cooperation to the Secretary-General to this end, including by issuing visas to the concerned United Nations personnel;
26. Requests the Secretary-General to take the necessary measures to ensure full compliance of UNISFA with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed if cases of such conduct occur;
27. Requests the Secretary-General to continue to inform the Council of progress in implementing UNISFA’s mandate in one written report, no later than 15 April 2016, and continue to bring to the Council’s immediate attention any serious violations of the above referenced Agreements;
28. Notes the Secretary-General’s efforts to ensure close cooperation among United Nations missions in the region, including UNISFA, the United Nations Mission in the Republic of South Sudan (UNMISS), and the African Union-United Nations Hybrid Operation in Darfur (UNAMID), as well as his Special Envoy for Sudan and South Sudan, and requests that he continue this practice;
29. Decides to remain actively seized of this matter.
Resolution 2250 (2015) Adopted by the Security Council at its 7573rd meeting, on 9 December 2015
The Security Council,
Recalling its resolutions 1325 (2000), 1820 (2008), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013) and 2242 (2015) on Women, Peace and Security and all relevant statements of its President, its resolutions on Countering Terrorism 2178 (2014) and 2195 (2014) and the Statement of its President S/PRST/2015/11, and the Statements of its President on Post-Conflict Peacebuilding S/PRST/2012/29 and S/PRST/2015/2,
Recalling its resolutions 1265 (1999) and 1894 (2009) on the Protection of Civilians in Armed Conflict,
Bearing in mind the purposes and principles of the Charter of the United Nations and the primary responsibility of the Security Council under the Charter for the maintenance of international peace and security,
Noting that the term youth is defined in the context of this resolution as persons of the age of 18-29 years old, and further noting the variations of definition of the term that may exist on the national and international levels, including the definition of youth in the General Assembly resolutions A/RES/50/81 and A/RES/56/117,
Recognizing that today’s generation of youth is the largest the world has ever known and that young people often form the majority of the population of countries affected by armed conflict,
Expressing concern that among civilians, youth account for many of those adversely affected by armed conflict, including as refugees and internally displaced persons, and that the disruption of youth’s access to education and economic opportunities has a dramatic impact on durable peace and reconciliation,
Recognizing the important and positive contribution of youth in efforts for the maintenance and promotion of peace and security,
Affirming the important role youth can play in the prevention and resolution of conflicts and as a key aspect of the sustainability, inclusiveness and success of peacekeeping and peacebuilding efforts,
Recognizing that youth should actively be engaged in shaping lasting peace and contributing to justice and reconciliation, and that a large youth population presents a unique demographic dividend that can contribute to lasting peace and economic prosperity if inclusive policies are in place,
Recognizing that the rise of radicalization to violence and violent extremism, especially States youth, threatens stability and development, and can often derail peacebuilding efforts and foment conflict, and stressing the importance of addressing conditions and factors leading to the rise of radicalization to violence and violent extremism States youth, which can be conducive to terrorism,
Expressing concern over the increased use, in a globalized society, by terrorists and their supporters of new information and communication technologies, in particular the Internet, for the purposes of recruitment and incitement of youth to commit terrorist acts, as well as for the financing, planning and preparation of their activities, and underlining the need for Member States to act cooperatively to prevent terrorists from exploiting technology, communications and resources to incite support for terrorist acts, while respecting human rights and fundamental freedoms and in compliance with other obligations under international law,
Noting the important role youth can play further as positive role models in preventing and countering violent extremism, which can be conducive to terrorism, and fuels conflict, inhibits socioeconomic development and fosters regional and international insecurity,
Noting that the Secretary-General is finalizing a Plan of Action to Prevent Violent Extremism to integrate youth’s participation, leadership and empowerment as core to the United Nations strategy and responses,
Noting the World Programme of Action for Youth, the Guiding Principles on Young People’s Participation in Peacebuilding, the August 2015 Global Forum on Youth, Peace and Security, the Amman Declaration on Youth, Peace and Security, the September 2015 Global Youth Summit against Violent Extremism and the Action Agenda to Prevent Violent Extremism and Promote Peace, and acknowledging their role in creating a foundation that promotes young people’s inclusive participation and positive contribution to building peace in conflict and post-conflict situations,
Acknowledging the on-going work of national governments and regional and international organizations to engage youth in building and maintaining peace,
Encouraging Member States to consider developing a UN common approach to inclusive development as a key for preventing conflict and enabling long-term stability and sustainable peace, and highlighting in this regard the importance of identifying and addressing social, economic, political, cultural and religious exclusion, intolerance, as well as violent extremism, which can be conducive to terrorism, as drivers of conflict,
Recognizing that the protection of youth during conflict and post-conflict and their participation in peace processes can significantly contribute to the maintenance and promotion of international peace and security, and being convinced that the protection of civilians, including youth, in armed conflict should be an important aspect of any comprehensive strategy to resolve conflict and build peace,
Noting relevant provisions of the Rome Statute of the International Criminal Court,
Participation
1. Urges Member States to consider ways to increase inclusive representation of youth in decision-making at all levels in local, national, regional and international institutions and mechanisms for the prevention and resolution of conflict, including institutions and mechanisms to counter violent extremism, which can be conducive to terrorism, and, as appropriate, to consider establishing integrated mechanisms for meaningful participation of youth in peace processes and dispute-resolution;
2. Calls on all relevant actors, including when negotiating and implementing peace agreements, to take into account, as appropriate, the participation and views of youth, recognising that their marginalization is detrimental to building sustainable peace in all societies, including, inter alia, such specific aspects as:
(a) The needs of youth during repatriation and resettlement and for rehabilitation, reintegration and post-conflict reconstruction;
(b) Measures that support local youth peace initiatives and indigenous processes for conflict resolution, and that involve youth in the implementation mechanisms of peace agreements;
(c) Measures to empower youth in peacebuilding and conflict resolution;
3. Stresses the importance of Security Council missions taking into account youth-related considerations including, as appropriate, through consultation with local and international youth groups;
Protection
4. Calls upon all parties to armed conflict to comply strictly with the obligations applicable to them under international law relevant to the protection of civilians, including those who are youth, including the obligations applicable to them under the Geneva Conventions of 1949 and the Additional Protocols thereto of 1977;
5. Further calls upon States to comply with the obligations applicable to them under the 1951 Convention Relating to the Status of Refugee and the Protocol thereto of 1967, the Convention on the Elimination of All Forms of Discrimination against Women of 1979 and the Optional Protocol thereto of 1999 and the Convention on the Rights of Persons with Disabilities;
6. Further calls upon Member States to comply with their respective obligations to end impunity and further calls on them to investigate and prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against civilians, including youth, noting that the fight against impunity for the most serious crimes of international concern has been strengthened through the work on and prosecution of these crimes by the International Criminal Court, ad hoc and mixed tribunals and specialized chambers in national tribunals;
7. Calls on all parties to armed conflict to take the necessary measures to protect civilians, including those who are youth, from all forms of sexual and gender-based violence;
8. Reaffirms that States must respect and ensure the human rights of all individuals, including youth, within their territory and subject to their jurisdiction as provided for by relevant international law and reaffirms that each state bears the primary responsibility to protect its populations from genocide, war crimes, ethnic cleansing, and crimes against humanity;
9. Urges Member States to consider specific measures, in conformity with international law, that ensure, during armed conflict and post conflict, the protection of civilians, including youth;
Prevention
10. Urges Members States to facilitate an inclusive and enabling environment in which youth actors, including youth from different backgrounds, are recognized and provided with adequate support to implement violence prevention activities and support social cohesion;
11. Stresses the importance of creating policies for youth that would positively contribute to peacebuilding efforts, including social and economic development, supporting projects designed to grow local economies, and provide youth employment opportunities and vocational training, fostering their education, and promoting youth entrepreneurship and constructive political engagement;
12. Urges Member States to support, as appropriate, quality education for peace that equips youth with the ability to engage constructively in civic structures and inclusive political processes;
13. Calls on all relevant actors to consider instituting mechanisms to promote a culture of peace, tolerance, intercultural and interreligious dialogue that involve youth and discourage their participation in acts of violence, terrorism, xenophobia, and all forms of discrimination;
Partnerships
14. Urges Member States to increase, as appropriate, their political, financial, technical and logistical support, that take account of the needs and participation of youth in peace efforts, in conflict and post-conflict situations, including those undertaken by relevant entities, funds and programmes, inter alia, the United Nations Peacebuilding Support Office, United Nations Peacebuilding fund, United Nations Development Programme, United Nations Population Fund, UN-Women, and by the Office of the United Nations High Commissioner for Refugees, the Office of the United Nations High Commissioner for Human Rights, the United Nations Office on Drugs and Crime and other relevant bodies, and actors at regional and international levels;
15. Stresses the vital role the Peacebuilding Commission in addressing the conditions and factors leading to the rise of radicalization to violence and violent extremism among youth, which can be conducive to terrorism, by including in its advice and recommendations for peace building strategies ways to engage youth meaningfully during and in the aftermath of armed conflict;
16. Encourages Member States to engage relevant local communities and non-governmental actors in developing strategies to counter the violent extremist narrative that can incite terrorist acts, address the conditions conducive to the spread of violent extremism, which can be conducive to terrorism, including by empowering youth, families, women, religious, cultural and education leaders, and all other concerned groups of civil society and adopt tailored approaches to countering recruitment to this kind of violent extremism and promoting social inclusion and cohesion;
Disengagement & reintegration
17. Encourages all those involved in the planning for disarmament, demobilization and reintegration to consider the needs of youth affected by armed conflict, including, inter alia, such specific aspects as:
(a) evidence-based and gender-sensitive youth employment opportunities, inclusive labour policies, national youth employment action plans in partnership with the private sector, developed in partnership with youth and recognising the interrelated role of education, employment and training in preventing the marginalization of youth;
(b) investment in building young persons’ capabilities and skills to meet labour demands through relevant education opportunities designed in a manner which promotes a culture of peace;
(c) support for youth-led and peacebuilding organizations as partners in youth employment and entrepreneurship programs;
18. Notes its readiness, whenever measures are adopted under Article 41 of the Charter of the United Nations, to consider their potential impact on the population, including youth;
Next steps
19. Invites relevant entities of the United Nations, Rapporteurs and Special Envoys and Representatives of the Secretary-General, including the Secretary-General’s Envoy on Youth and the Special Envoy for Youth Refugees, to improve the coordination and interaction regarding the needs of youth during armed conflicts and post-conflict situations;
20. Requests the Secretary-General to carry out a progress study on the youth’s positive contribution to peace processes and conflict resolution, in order to recommend effective responses at local, national, regional and international levels, and further requests the Secretary-General to make the results of this study available to the Security Council and all Member States of the United Nations;
21. Also requests the Secretary-General to include in his reports in the context of situations that are on the agenda of the Council the measures taken in the implementation of this resolution, including information on youth in situations of armed conflict and the existence of measures relating to the prevention, partnerships, participation, protection, disengagement and reintegration of youth under this resolution;
22. Decides to remain actively seized of the matter
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