Security Council Resolution 2138 (2014) [on Extension of the Mandate of the Un Panel of Experts Established Pursuant to Security Council Resolution 1591 (2005) on the Sudan for a Period of 13 Months]

S/RES/2138 (2014)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 160 Reports of the Secretary-General on the Sudan and South Sudan, published in 2014.

What subjects does this mandate have?

5 subjects

Arms Embargo Darfur (Sudan)Human Rights in Armed Conflicts Internal Security Sudan

What’s in this document?

21 operative paragraphs

Decides to extend the mandate of the Panel of Experts, originally appointed pursuant to resolution 1591 (2005) and previously extended by resolutions 1651 (2005), 1665 (2006), 1713 (2006), 1779 (2007), 1841 (2008), and 1891 (2009), 1945 (2010), 1982 (2011), 2035 (2012) and 2091 (2013), for a period of thirteen months, expresses its intent to review the mandate and take appropriate action regarding further extension no later than twelve months from the adoption of this resolution, and requests the Secretary-General to take the necessary administrative measures, including basing arrangements, as expeditiously as possible;

Requests the Panel of Experts to provide no later than 31 July 2014, a midterm briefing on its work to the Committee established pursuant to paragraph 3 (a) of resolution 1591 (2005) (hereinafter “the Committee”) and a final report no later than 17 January 2015 to the Council with its findings and recommendations;

Requests the Panel of Experts to provide updates every three months to the Committee regarding its activities, including Panel travel, any obstacles encountered to the fulfilment of its mandate, as well as violations of the sanctions;

Requests the Panel of Experts to report, in the timeframe identified in paragraph 3, on the implementation and effectiveness of paragraph 10 of resolution 1945 (2010);

Arms Embargo

Expresses its concern that the direct or indirect supply, sale or transfer to Sudan of technical assistance and support, including training, financial or other assistance and the provision of spare parts, weapons systems and related materiel, could be used by the Government of Sudan to support military aircraft being used in violation of resolutions 1556 (2005) and 1591 (2005), including those aircraft identified by the panel, and urges all States to be mindful of this risk in light of the measures contained in resolution 1591 (2005);

Calls upon the Government of Sudan to address the illicit transfer, destabilizing accumulation, and misuse of small arms and light weapons in Darfur, and to ensure the safe and effective management, storage and security of their stockpiles of small arms and light weapons, and the collection and/or destruction of surplus, seized, unmarked, or illicitly held weapons and ammunition;

Expresses its concern that certain items continue to be converted for military purposes and transferred to Darfur, and urges all States to be mindful of this risk in light of the measures contained in resolution 1591 (2005);

Implementation

Condemns the reported continuing violations of the measures contained in paragraphs 7 and 8 of resolution 1556 (2004) and paragraph 7 of resolution 1591 (2005), as updated in paragraph 9 of resolution 1945 (2010) and 4 of resolution 2035 (2012) and directs the Committee, in line with its mandate, to respond effectively to such violations;

Expresses its concern that the travel ban and asset freeze on designated individuals is not being implemented by all Member States, and requests the Committee to respond effectively to any reports of non-compliance by Member States with paragraph 3 of resolution 1591 (2005) and resolution 1672 (2006), including by engaging with all relevant parties;

Reiterates that all States shall take the necessary measures to prevent entry into or transit through their territories of all persons as designated by the Committee, and calls upon the Government of Sudan to enhance cooperation and information sharing with other States in this regard;

Urges all States, in particular those in the region, to report to the Committee on the actions they have taken to implement measures imposed by resolutions 1591 (2005) and 1556 (2004), including imposition of targeted measures;

Expresses its intention, following the midterm report, to review the state of implementation, including obstacles to full and effective implementation of the measures, imposed in resolution 1591 (2005) and 1945 (2010), with a view to ensuring full compliance;

Regrets that some individuals of the Government of Sudan and armed groups in Darfur continue to commit violence against civilians, impede the peace process, and disregard the demands of the Council, expresses its intention to impose targeted sanctions against individuals and entities that meet the listing criteria in paragraph 3 (c) of resolution 1591 (2005), and encourages the Panel of Experts, in coordination with the Joint African Union/United Nations Mediation, to provide to the Committee when appropriate the names of any individuals, groups, or entities that may meet the listing criteria;

Requests the Panel of Experts to continue to investigate the financing and role of armed, military, and political groups in attacks against UNAMID personnel in Darfur, and notes that individuals and entities who plan, sponsor or participate in such attacks constitute a threat to stability in Darfur and may therefore meet the designation criteria provided for in paragraph 3 (c) of resolution 1591 (2005);

Welcomes the Committee’s work, which has drawn on the reports of the Panel and taken advantage of the work done in other fora, to draw attention to the responsibilities of private sector actors in conflict-affected areas;

Cooperation

Calls on the Government of Sudan to remove all restrictions, limitations and bureaucratic impediments imposed on the work of the Panel of Experts, including by issuing timely multiple-entry visas to all members of the Panel of Experts for the duration of its mandate, and by waiving the requirement of Darfur travel permits for said Panel members, and urges the Government of Sudan to enhance its cooperation and information sharing with the Panel and allow the Panel free and unfettered access to all of Darfur;

Urges the Government of Sudan to respond to the Committee requests on measures put in place to protect civilians in various parts of Darfur, including those affected by new displacements; investigations conducted and accountability measures undertaken for killings of civilians and perpetrators of human rights violations and abuses and violations of international humanitarian law, investigations conducted and accountability measures undertaken for attacks against peacekeepers and humanitarian personnel; and the situation of civilian populations in areas such as eastern Jebel Marra, where the Panel of Experts, UNAMID and humanitarian agencies and personnel have been denied access, and measures taken to allow timely, safe, and unhindered access for humanitarian relief to these areas, while respecting the United Nations guiding principles of humanitarian assistance and the relevant provisions of International Humanitarian Law;

Urges all States, relevant United Nations bodies, the African Union and other interested parties, to cooperate fully with the Committee and the Panel of Experts, in particular by supplying any information at their disposal on implementation of the measures imposed by resolution 1591 (2005) and resolution 1556 (2004), and to provide timely responses to information requests;

Requests the Panel of Experts to continue to coordinate its activities as appropriate with the operations of the United Nations/African Union Hybrid Operation in Darfur (UNAMID) and with international efforts to promote a political process in Darfur, and to assess in its interim and final reports progress towards reducing violations by all parties of the measures imposed by paragraphs 7 and 8 of resolution 1556 (2005), paragraph 7 of resolution 1591 (2005), and paragraph 10 of resolution 1945 (2010), progress towards removing impediments to the political process, threats to stability in Darfur and the region; violations of international humanitarian law or violations or abuses of human rights, including attacks on the civilian population, sexual- and gender-based violence and grave violations and abuses against children, and other violations of the above-mentioned resolutions, and to provide the Committee with information on the individuals and entities that meet the listing criteria in paragraph 3 (c) of resolution 1591;

Reaffirms the mandate of the Committee to encourage dialogue with 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 and further encourages the Committee to continue its dialogue with UNAMID;

Decides to remain actively seized of the matter.