Security Council Resolution 2127 (2013) [on the Situation in the Central African Republic]

S/RES/2127(2013)View PDF

Who adopted this document and its mandates?

Under agenda item 181 The situation in the Central African Republic, published in 2013.

Who cites this mandate in the budget?

1 entity

Entity	(Sub-)Programme	Title	Total mandates cited	Expenditure
	Programme	Special political missions – Thematic cluster II: sanctions monitoring teams, groups and panels, and other entities and mechanisms	3

Historical expenditure covers the complete programme or subprogramme, not this mandate. For an overview of all UN entities and programmes, see UN entities and programmes.

Who cites this mandate in the budget?

1 entity

Entity	(Sub-)Programme	Title	Total mandates cited	Expenditure
	Programme	Special political missions – Thematic cluster II: sanctions monitoring teams, groups and panels, and other entities and mechanisms	3	—

Historical expenditure covers the complete programme or subprogramme, not this mandate. For an overview of all UN entities and programmes, see UN entities and programmes.

What’s in this document?

84 operative paragraphs

Political process

Underlines its support for the Libreville Agreements of 11 January 2013, the N’Djamena Declaration of 18 April 2013, the Brazzaville Appeal of 3 May 2013 and the declaration adopted by the International Contact Group on the CAR at its third meeting held in Bangui on 8 November 2013;

Reiterates that, according to the political agreement signed in Libreville, the Prime Minister is the Head of the Government of National Unity which is in charge of implementing the priorities defined in article 5 of this agreement and urges all parties to respect this agreement;

Further reiterates that, in accordance with the African Charter on Democracy, Elections and Governance, the Libreville Agreements, the relevant ECCAS decisions and the Constitutional Charter for the Transition, the Head of Transition, the Prime Minister, the President of the National Transition Council (NTC), the Ministers and members of the NTC bureau cannot participate in the elections intended to restore the constitutional order;

Urges the Transitional Authorities to take all appropriate steps for immediate disarmament, cantonment and dismantling of all armed groups, throughout the whole territory of the country, consistent with international standards;

Demands the swift implementation of transitional arrangements referred to in paragraph 1 above, which shall lead to the holding of free, fair and transparent presidential and legislative elections 18 months after the beginning of the transition period as defined in article 102 of the Transitional Charter which took effect on 18 August 2013, and called for by the N’Djamena Declaration;

Deplores that the Transitional Authorities have made only limited progress towards the implementation of key elements of the Transitional Framework, notably regarding the organization of elections by February 2015; and in this regard, calls upon the Transitional Authorities to swiftly put in place the National Authority for the elections which will enable the United Nations to identify the technical requirements for the successful organization of elections;

Urges the Transitional Authorities to implement the “Republican Pact” signed by the transitional government on 7 November 2013, under the aegis of the Sant’Egidio, as a credible framework to promote an inclusive national dialogue between all political, social and religious parties of the country, and requests the Secretary-General, through his Special Representative for the CAR, to take appropriate steps to assist the Transitional Authorities to enhance their mediation capacity and to facilitate and strengthen such a dialogue;

Expresses its intention to closely monitor the management of the Transition and commends the role of the Special Representative of the Secretary-General (SRSG) and the ECCAS mediator;

Expresses its support for BINUCA’s critical role in helping to restore the constitutional order and supporting the ongoing political process in the implementation of the Libreville agreement and the N’Djamena road map and the electoral process;

Decides that any attempt to delay, impede or violate the transitional arrangements referred to in paragraph 1 above shall be considered as an impediment to the peace process and could lead to the imposition of appropriate measures defined in paragraph 56 below;

DDR/SSR

Urges Transitional Authorities to develop and implement disarmament, demobilization and reintegration (DDR) or disarmament, demobilization, repatriation, reintegration and resettlement (DDRRR) programmes including for former Seleka elements who will not be integrated into the security forces and children associated with armed forces and groups;

Further urges the Transitional Authorities to develop and to implement a comprehensive and nationally owned Security Sector Reform (SSR) programme, which includes appropriate vetting procedures to reconstitute professional, balanced and representative CAR security forces selected on the basis of the respect for human rights and nationality, and calls upon the Transitional Authorities to cooperate with BINUCA and MISCA for these purposes;

Calls on Member States, regional and international organizations, including the African Union, the United Nations and the European Union, to coordinate their assistance to the Transitional Authorities in their efforts towards reforming the security sector;

Rule of law

Underlines the importance of strengthening the capacity of police, justice and correction institutions to uphold the rule of law and bring to justice perpetrators of violations of international humanitarian law, international human rights law and of human rights abuses;

Further stresses the importance of strengthening support to the Transitional Authorities to enable them to address security challenges and extend state authority;

Protection of natural resources

Condemns the illegal exploitation of natural resources in the CAR which contributes to the perpetuation of the conflict, and underlines the importance of bringing an end to these illegal activities, including by applying the necessary pressure on the armed groups, traffickers and all other actors involved;

Promotion and protection of human rights

Strongly condemns the continued violations of international humanitarian law and the widespread human rights violations and abuses, perpetrated by armed groups, and specifically former Seleka elements, anti-Balaka elements and the LRA, that threaten the population and stresses that the perpetrators of such violations should be brought to justice;

Urges the Transitional Authorities to ensure, without delay, that all perpetrators of violations and abuses of human rights and violations of international humanitarian law are held accountable;

Expresses deep concern at the escalation of interreligious and intercommunal violence as well as violence targeting members of ethnic and religious groups and their leaders, and urges all parties and stakeholders in CAR, with the assistance of the international community, to work together in order to strengthen intercommunal and interfaith dialogues, to prevent further deterioration of the situation on the ground;

Reiterates its demands that all armed groups, in particular former Seleka elements and anti-Balaka elements, prevent and end the recruitment and use of children, that all parties protect and consider as victims those children who have been released or otherwise separated from armed forces and armed groups, and emphasizes the need to pay particular attention to the protection, release and reintegration of all children associated with armed groups;

Underscores the primary responsibility of the Transitional Authorities to protect the population, as well as to ensure the security and unity in its territory, and stresses their obligation to ensure respect for international humanitarian law, human rights law and refugee law;

Calls upon all parties to armed conflict in the CAR, including former Seleka elements and anti-Balaka elements, to issue clear orders prohibiting all violations and abuses committed against children in violation of applicable international law, such as their recruitment and use, killing and maiming, abductions and attacks on schools and hospitals and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged abuses in order to hold perpetrators accountable and to ensure that those responsible for such violations and abuses are excluded from the security sector;

Calls upon all parties to armed conflict in the CAR, including former Seleka elements to issue clear orders against sexual violence, and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged abuses in order to hold perpetrators accountable, in line with its resolutions 1960 (2010) and 2106 (2013), and to facilitate immediate access for victims of sexual violence to available services;

Requests that the Secretary-General rapidly establish an international commission of inquiry for an initial period of one year, including experts in both international humanitarian law and human rights law, in order immediately to investigate reports of violations of international humanitarian law, international human rights law and abuses of human rights in CAR by all parties since 1 January 2013, to compile information, to help identify the perpetrators of such violations and abuses, point to their possible criminal responsibility and to help ensure that those responsible are held accountable, and calls on all parties to cooperate fully with such a commission;

Further requests the Secretary-General to report to the Security Council on the findings of the commission of inquiry six months and one year after the adoption of this resolution;

Further requests the Secretary-General in conjunction with the High Commissioner on Human Rights (HCHR) to take appropriate steps to increase the number of human rights monitors deployed in the CAR;

Encourages Member States to take steps to strongly discourage their nationals from travelling to the CAR to participate in activities that contribute to undermining the peace, threatening the political process, or supporting the violation of human rights;

Deployment of MISCA

Authorizes the deployment of MISCA for a period of twelve months after the adoption of this resolution, to be reviewed six months after the adoption of this resolution, which shall take all necessary measures, consistent with the concept of operations adopted on 19 July 2013 and reviewed on 10 October 2013, to contribute to:

the protection of civilians and the restoration of security and public order, through the use of appropriate measures;

the stabilization the country and the restoration of State authority over the whole territory of the country;

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the creation of conditions conducive to the provision of humanitarian assistance to populations in need;

the DDR or DDRRR process led by the Transitional Authorities and coordinated by BINUCA;

national and international efforts to reform and restructure the defence and security sectors led by the Transitional Authorities and coordinated by BINUCA;

Welcomes the consultations held between the AU Commission and countries from the central African region and the support provided by the United Nations, and Member States to finalize all aspects of the transition from MICOPAX to MISCA, including the outcome of the meetings held in Addis Ababa from 7 to 10 October 2013;

Requests the AU and ECCAS to ensure that the transfer of authority from MICOPAX to MISCA takes effect on 19 December 2013 and, in this regard, notes that the AU Commission has been called by the AU-PSC to urgently and successfully transfer authority from MICOPAX to MISCA and further welcomes the appointment of the new leadership of MISCA;

Emphasizes the need for strong coordination and information-sharing between BINUCA, the African Union-Regional Task Force (AU-RTF) and the MISCA in the context of their protection of civilians activities and counter-LRA operations;

Requests the African Union, in close coordination with the Secretary-General and other international organizations and bilateral partners involved in the crisis, to report to the Security Council every 60 days on the deployment and activities of MISCA;

Emphasizes the need for MISCA, and all military forces in CAR, while carrying out their mandate, to act in full respect of the sovereignty, territorial integrity and unity of CAR and in full compliance with applicable international humanitarian law, human rights law and refugee law and recalls the importance of training in this regard;

International support

Welcomes contributions already made by ECCAS countries, calls upon African countries (MAR) to contribute to MISCA so it is able to fulfil its mandate, and further encourages Members States and regional organizations to cooperate closely with the African Union, ECCAS the United Nations, troop-contributing countries and other organizations and donors to this end;

Stresses that all new African troops shall be integrated fully into the MISCA command and control structures, and shall operate in accordance with MISCA’s mandate as set out in paragraph 28 of this resolution;

Calls upon the Transitional Authorities and all other parties in the CAR to cooperate fully with the deployment and operations of MISCA, in particular by ensuring its safety, security and freedom of movement with unhindered and immediate access throughout the territory of the CAR to enable it to fully carry out its mandate and further calls upon neighbouring countries of the CAR to take appropriate measures to support the implementation of MISCA mandate;

UN support

Requests the Secretary-General to continue to enhance the provision of technical and expert advice to the African Union in the planning and deployment of MISCA as well as on the implementation of the MISCA Concept of Operations, on the establishment of MISCA mission headquarters, with the view to strengthening its command and control and administrative structures, improving communication and information technology infrastructure and providing necessary training;

Further requests the Secretary-General to support MISCA in countering illicit proliferation of all arms and related materials of all types, in particular small arms to secure stockpiles of explosive weaponry, clear explosive remnants of war and conventional munitions disposal;

Underscores the need to establish appropriate coordination mechanisms between BINUCA and MISCA;

Underlines that the support outlined in paragraphs 37 and 43 of this resolution must be in full compliance with the United Nations Human Rights and Due Diligence Policy on UN support to non-UN Security forces (HRDDP);

Funding

Underlines that regional organizations have the responsibility to secure human, financial, logistical and other resources for the work of their organizations including through contributions by their members and support from their partners;

Calls upon Member States and international, regional and subregional organizations, to provide financial support and contributions in kind to MISCA to enable its deployment and implementation of its mandate and welcomes in this regard the willingness of the European Union to provide such financial support to MISCA through the mobilization of the African Peace Facility;

Requests the Secretary-General to establish a trust fund for MISCA through which Member States and international, regional and subregional organizations can provide financial support to MISCA and further requests the Secretary-General to support, in coordination with the EU, the holding of a donors conference of Member States and relevant international, regional and subregional organizations which will be organized by the African Union to solicit contributions, notably to this trust fund, as soon as possible;

Calls upon Member States to contribute generously and promptly to the new UN trust fund for MISCA, while noting that the existence of the trust fund does not preclude the conclusion of direct bilateral arrangements and further requests the African Union, in consultation with and the Secretary-General, to submit budgetary requests to this trust fund;

Notes that the AU-PSC communiqué of 13 November 2013 expresses its appreciation to bilateral and multilateral partners of the AU who are committed to providing support for the deployment and operation of MISCA;

PKO

Takes note of the position of the AU and ECCAS that MISCA may require eventual transformation into a United Nations peacekeeping operation and in this regard welcomes the Secretary-General’s intention to undertake the necessary preparations for the possible transformation of MISCA into a United Nations peacekeeping operation;

Requests the Secretary-General to undertake expeditiously contingency preparations and planning for the possible transformation into a United Nations peacekeeping operation, stressing that a future decision of this Council would be required to establish such a mission;

Requests the Secretary-General, in consultations with the AU, to report to the Security Council no later than 3 months from the adoption of this resolution with recommendations on the possible transformation of MISCA to a United Nations peacekeeping operation, including an assessment of progress towards meeting the appropriate conditions on the ground referred to in paragraph 45 of the Secretary-General report dated 15 November 2013;

French forces

Notes the AU-PSC communiqué of 13 November 2013 welcoming the proposed strengthening of the French forces to better support MISCA and encouraging the AU Commission to work towards the establishment of an effective operational coordination between MISCA and the French forces;

Authorizes the French forces in the CAR, within the limits of their capacities and areas of deployment, and for a temporary period, to take all necessary measures to support MISCA in the discharge of its mandate as provided by paragraph 28 above; requests France to report to the Council on the implementation of this mandate in the CAR and to coordinate its reporting with the reporting by the African Union referred to in paragraph 32 above and decides to review this mandate within six months after its commencement and calls upon the Transitional Authorities to cooperate fully with the deployment and operations of French forces, in particular by ensuring its safety, security and freedom of movement with unhindered and immediate access throughout the territory of CAR and further calls upon neighbouring countries of CAR to take appropriate measures to support the action of French forces;

Humanitarian principles, access, funding and action

Expresses its serious concern at the deterioration of the humanitarian situation in the CAR and the restricted humanitarian access resulting from increased insecurity and attacks against humanitarian workers;

Demands that all parties to the conflict, in particular the former Seleka, ensure the rapid, safe and unhindered access of humanitarian organizations and relief personnel and the timely delivery of humanitarian assistance to populations in need, while respecting the UN guiding principles of humanitarian assistance, including neutrality, impartiality, humanity and independence in the provision of humanitarian assistance;

Calls upon Member States to respond swiftly to the United Nations’ humanitarian appeals to meet the spiralling needs of people inside the CAR and refugees who have fled to neighbouring countries and encourages to this effect the swift implementation of humanitarian projects by UN and humanitarian organizations;

Sanctions regime

Arms embargo

Decides that, for an initial period of one year from the date of adoption of this resolution, all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the CAR, from or through their territories or by their nationals, 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 assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories, and decides further that this measure shall not apply to:

Supplies intended solely for the support of or use by MICOPAX, MISCA, BINUCA and its guard unit, the AU-RTF, and the French forces deployed in the CAR;

Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee established pursuant to paragraph 57 below;

Protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

Supplies of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of CAR or CAR’s international legal obligations;

Supplies of arms and other related lethal equipment to the CAR security forces, intended solely for support of or use in the CAR process of SSR, as approved in advance by the Committee; or

Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;

Decides to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 54 of this resolution, seize, register and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited by paragraph 54 of this resolution and decides further that all Member States shall cooperate in such efforts;

Future measures

Expresses its strong intent to swiftly consider imposing targeted measures, including travel bans and assets freezes, against individuals who act to undermine the peace, stability and security, including by engaging in acts that threaten or violate transitional agreements, or by engaging or providing, support for actions that threaten or impede the political process or fuel violence, including through violations of human rights and international humanitarian law, the recruitment and use of children in armed conflict in violation of applicable international law, sexual violence, or supporting the illegal armed groups or criminal networks through the illicit exploitation of natural resources, including diamonds, in the CAR, or by violating the arms embargo established in paragraph 54;

Sanctions Committee

Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein “the Committee”), to undertake to following tasks:

To monitor implementation of the measures imposed in paragraphs 54 and 55 above with a view to strengthening, facilitating and improving implementation of these measures by Member States;

To review information regarding those individuals who may be engaging in the acts described in paragraph 54;

To establish such guidelines as may be necessary to facilitate the implementation of the measures imposed above;

To report within 60 days to the Security Council on its work and thereafter to report as deemed necessary by the Committee;

To encourage a dialogue between the Committee and interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures;

To seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed above;

To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in paragraphs 54 and 55;

Calls upon all Member States to report to the Committee within ninety days from the adoption of this resolution on the steps they have taken with a view to implementing effectively paragraph 54;

Requests the Secretary-General to create for an initial period of thirteen months, in consultation with the Committee, and to make the necessary financial and security arrangements to support the work of the Panel, a group of up to five experts (“Panel of Experts”), under the direction of the Committee to carry out the following tasks:

Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee with information relevant to the potential designation at a later stage of individuals who may be engaging in the activities described in paragraph 54 above;

Gather, examine and analyse information from States, relevant United Nations bodies, regional organizations and other interested parties regarding the implementation of the measures decided in this resolution, in particular incidents of non-compliance;

Provide to the Council, after discussion with the Committee, an update no later than 5 March 2014, an interim report by 5 July 2014 and a final report no later than 5 November 2014;

To assist the Committee in refining and updating information on the list of individuals violating measures imposed by paragraph 54 of this resolution, including through the provision of biometric information and additional information for the publicly-available narrative summary of reasons for listing;

Urges all parties and all 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;

Continuous review

Affirms that it shall keep the situation in the CAR under continuous review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including the strengthening through additional measures, in particular the freezing of assets, modification, suspension or lifting of the measures, as may be needed at any time in light of the progress achieved in the stabilization of the country and compliance with this resolution;

Decides to remain actively seized of the matter.

Security Council Resolution 2127 (2013) [on the Situation in the Central African Republic]

Who adopted this document and its mandates?

Who cites this mandate in the budget?

Who cites this mandate in the budget?

What subjects does this mandate have?

What’s in this document?

Political process

Rule of law

Protection of natural resources

Promotion and protection of human rights

Deployment of MISCA

International support

UN support

Funding

PKO

French forces

Humanitarian principles, access, funding and action

Sanctions regime

Arms embargo

Future measures

Sanctions Committee

Continuous review

Table of contents

Who cites this mandate in the budget?