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]
Symbol: S/RES/2138 (2014)
Date: 2014-02-13
Status: adopted
Agenda: S/69 [160] SUDAN--POLITICAL CONDITIONS
Subjects: UN. Panel of Experts Established pursuant to Security Council Resolution 1591 (2005)|AU/UN Hybrid Operation in Darfur|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|DARFUR (SUDAN)|SUDAN|HUMAN RIGHTS IN ARMED CONFLICTS|ARMS EMBARGO
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ARGENTINA
vote: yes
country: AUSTRALIA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: LUXEMBOURG
vote: yes
country: NIGERIA
vote: yes
country: REPUBLIC OF KOREA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: RWANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                 S/RES/2138 (2014)
               Security Council                                               Distr.: General
                                                                              13 February 2014




               Resolution 2138 (2014)
               Adopted by the Security Council at its 7111st meeting, on
               13 February 2014

                    The Security Council,
                   Recalling its previous resolutions and statements of its President concerning
               Sudan,
                     Reaffirming its commitment to the cause of peace throughout Sudan, to the
               sovereignty, independence, unity and territorial integrity of Sudan, to the full and
               timely implementation of resolution 1591 (2005) and recalling the importance of the
               principles of good neighbourliness, non-interference and cooperation in the relations
               among States in the region,
                     Reiterating the need for an end to the violence and continued abuses in Darfur
               and recognizing that the Darfur conflict cannot be resolved militarily and a durable
               solution can only be obtained through an inclusive political process, and, in this
               regard, noting the importance of implementing the Doha Document for Peace in
               Darfur (DDPD),
                     Acknowledging efforts made by the Government of Sudan and all parties to the
               conflict to reach a comprehensive and inclusive solution to the conflict, and in this
               context, condemning the killing of Mohammed Bashar and other members of his
               movement by JEM – Gibril forces, as well as any act of violence aimed to act as a
               disincentive to peace efforts in Darfur,
                     Urging the Government of Sudan, the Liberation and Justice Movement (LJM)
               and Justice and Equality Movement-Mohamed Bashar (JEM-Bashar) to deliver on
               the commitments made in the DDPD, and urging all parties, in particular other
               armed movements who have not signed the DDPD, to engage immediately and
               without preconditions and to make every effort to reach a comprehensive peace
               settlement on the basis of the DDPD, and to agree upon a permanent ceasefire
               without further delay,
                     Emphasizing the imperative for all armed actors to refrain from all acts of
               violence against civilians, in particular vulnerable groups such as women and
               children, and from violations and abuses of human rights and violations of
               international humanitarian law, and the need to address the urgent humanitarian
               crisis faced by the people of Darfur, including the guarantee of safe, timely and
               unhindered humanitarian access to all areas by humanitarian agencies and

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               personnel, while respecting the United Nations guiding principles of humanitarian
               assistance and the relevant provisions of International Humanitarian Law,
                     Expressing concern about the external links, in particular military, between
               non-signatory armed groups in Darfur and groups outside Darfur, and demanding
               that direct or indirect military support for such armed groups in Darfur ceases, and
               condemning actions by any armed group aimed at forced overthrow of the
               Government of Sudan, noting there is no military solution to the conflict in Sudan,
                     Expressing deep concern at the increased violence and insecurity in some parts
               of Darfur in recent months, including notably the escalation in inter-tribal fighting,
               expressing deep concern that such clashes continue to restrict humanitarian access
               to conflict areas where vulnerable civilian populations reside, acknowledging the
               efforts of Sudanese authorities to mediate in inter-tribal fighting,
                     Demanding that the parties to the conflict exercise restraint and cease military
               action of all kind, including aerial bombardments,
                     Demanding an immediate and complete cessation by all parties to the armed
               conflict of all acts of sexual violence against civilians in line with resolutions 1325
               (2000), 1820 (2008), 1888 (2009), and 1889 (2009), 1960 (2010), 2106 (2013), 2122
               (2013); recruitment and use of children in violation of applicable international law,
               and other grave violations and abuses against children in line with resolutions 1261
               (1999), 1379 (2001), 1539 (2004), 1612 (2005), 1882 (2009), 1998 (2011) and 2068
               (2012); and indiscriminate attacks on civilians in line with resolution 1265 (1999),
               1296 (2000), 1674 (2006), 1738, (2006), 1894 (2009),
                    Commending the efforts of, and reiterating its full support for, the United
               Nations/African Union Hybrid Operation in Darfur (UNAMID), the Joint African
               Union/United Nations Mediation, the United Nations Secretary-General, the African
               Union High Level Implementation Panel on Sudan, and the leaders of the region to
               promote peace and stability in Darfur, and expressing strong support for the political
               process under the African Union/United Nations-led mediation,
                    Reiterating its strong condemnation of attacks against UNAMID and its call
               on the Government of Sudan to swiftly investigate these attacks and bring the
               perpetrators to justice, and further reiterating its call on all parties in Darfur to
               cooperate fully with the mission, and reaffirms its deep condolences to the
               Governments and families of those killed,
                     Reaffirming its concern over the negative effect of ongoing violence in Darfur
               on the stability of Sudan as a whole, as well as the region, welcoming the ongoing
               good relations between Sudan and Chad, and encouraging Sudan, Chad and the
               Central African Republic to continue to cooperate in order to achieve peace and
               stability in Darfur and the wider region,
                     Expressing concern at the risks to peace and security arising from the illicit
               transfer, destabilizing accumulation and misuse of small arms and light weapons,
                    Deploring the continued obstacles that have been imposed by the Government
               of Sudan on the work of the Panel of Experts during the course of its mandate,
               including restrictions to the freedom of movement of the Panel of Experts and
               UNAMID, and limitations on the Panel of Experts’ access to areas of armed conflict
               and areas of reported violations of human rights and international humanitarian law,



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           while noting improved interaction between the Government of Sudan and the Panel
           of Experts,
                Further deploring incidents of interference by the Government of Sudan with
           the work of the Panel of Experts, including the denial of entry of the Panel’s
           Finance Expert, as set out in paragraphs 2, 18, and 21 of the Final Report of the
           Panel of Experts (S/2014/87),
               Welcoming the enhanced cooperation and information sharing between
           UNAMID and the Panel of Experts, called for by the Department of Peacekeeping
           Operations’ guidelines and with the assistance of the UNAMID focal point,
                 Welcoming the efforts made by the Secretariat to expand and improve the
           roster of experts for the Security Council Subsidiary Organs Branch, bearing in
           mind the guidance provided by the Note of the President S/2006/997,
                Recalling the 22 January 2014 report (S/2014/87) by the Panel of Experts
           appointed by the Secretary-General pursuant to paragraph 3 (b) of resolution 1591
           (2005) and extended by subsequent resolutions, and expressing its intent to further
           study, through the Committee, the Panel’s recommendations and to consider
           appropriate next steps,
                 Emphasizing the need to respect the provisions of the Charter concerning
           privileges and immunities, and the Convention on the Privileges and Immunities of
           the United Nations, as applicable to United Nations operations and persons engaged
           in such operations,
                Reminding all States, particularly States in the region, of the obligations
           contained in resolutions 1556 (2004), 1591 (2005), and 1945 (2010) in particular
           those obligations relating to arms and related materiel,
                 Calling on the Government of Sudan to fulfil all its commitments, including
           lifting the state of emergency in Darfur, allowing free expression and undertaking
           effective efforts to ensure accountability for violations and abuses of human rights
           and violations of international humanitarian law, by whomsoever perpetrated,
                 Noting that acts of hostility, violence or intimidation against the civilian
           population, including IDPs, in Darfur and other activities that could endanger or
           undermine the Parties’ commitment to a complete and durable cessation of
           hostilities would be inconsistent with the Doha Document for Peace in Darfur,
                 Determining that the situation in Sudan continues to constitute a threat to
           international peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,
                 1.    Decides to extend 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;



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                      2.   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;
                    3.   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;
                    4.   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
                     5.    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);
                    6.     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;
                     7.    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
                     8.    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;
                     9.   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;
                    10. 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;
                  11. 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



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           resolutions 1591 (2005) and 1556 (2004), including imposition of targeted
           measures;
                12. 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;
                 13. 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;
                 14. 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);
                15. 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
                 16. 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;
                 17. 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;
                18. 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



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               implementation of the measures imposed by resolution 1591 (2005) and resolution
               1556 (2004), and to provide timely responses to information requests;
                     19. 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;
                     20. 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;
                    21.   Decides to remain actively seized of the matter.




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