Security Council resolution 2035 (2012) [on extension of the mandate of the UN Panel of Experts Established pursuant to Resolution 1591 (2005) on the Sudan until 17 Feb. 2013]
Symbol: S/RES/2035(2012)
Date: 2012-02-17
Status: adopted
Agenda: S/67 [160] SUDAN--POLITICAL CONDITIONS
S/67 [204] AU/UN HYBRID OPERATION IN DARFUR
Subjects: UN. Panel of Experts Established pursuant to Security Council Resolution 1591 (2005)|AU/UN Hybrid Operation in Darfur|UN. Security Council Committee Established pursuant to Resolution 1591 (2005) concerning the Sudan|Doha Document for Peace in Darfur (2011)|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|DARFUR (SUDAN)|SUDAN|HUMAN RIGHTS IN ARMED CONFLICTS|ARMS EMBARGO|TRAVEL RESTRICTIONS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUATEMALA
vote: yes
country: INDIA
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                   S/RES/2035 (2012)
               Security Council                                                 Distr.: General
                                                                                17 February 2012




               Resolution 2035 (2012)
               Adopted by the Security Council at its 6716th meeting, on
               17 February 2012

                    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 resolution of outstanding Comprehensive Peace Agreement (CPA) issues,
               welcoming the Doha Document for Peace in Darfur, and recalling the importance of
               the principles of good neighbourliness, non-interference and cooperation in the
               relations among States in the region,
                    Recognizing that the Darfur conflict cannot be resolved militarily and a
               durable solution can only be obtained through an inclusive political process,
                     Reiterating its full support for efforts to reach a comprehensive and inclusive
               solution to the conflict in Darfur, and welcoming the Doha Document for Peace in
               Darfur as a basis for these efforts, the need for the completion of the political
               process, and an end to the violence and abuses in Darfur,
                    Urging the Government of Sudan and the Liberation and Justice Movement
               (LJM) to deliver on the commitments made in the Doha Document for Peace in
               Darfur, and urging all parties, in particular other armed movements who have not
               signed the Doha Document for Peace in Darfur, to indicate a willingness to
               negotiate without preconditions or further delays on the basis of the Doha Document
               for Peace in Darfur and fully participate in the Joint African Union/United Nations
               Mediation,
                     Welcoming the inauguration of the Darfur Regional Authority as an important
               step in the implementation of the Doha Document for Peace,
                     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 armed
               conflict of all acts of sexual violence against civilians in line with resolutions 1325
               (2000), 1820 (2008), 1888 (2009), and 1889 (2009); recruitment and use of children


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               in line with resolutions 1998 (2011), 1612 (2005), and 1882 (2009); and
               indiscriminate attacks on civilians in line with resolution 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,
                    Urging 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,
                    Recalling the 28 June 2011 midterm report by the Panel of Experts appointed
               by the Secretary-General pursuant to paragraph 3 (b) of resolution 1591 (2005) and
               extended by subsequent resolutions, taking note of the Panel of Expert’s final report,
               and expressing its intent to study, through the Committee, the Panel’s
               recommendations and to consider appropriate next steps,
                    Expressing concern over the obstacles that have been imposed on the work of
               the Panel of Experts during the course of its last mandate, including delays in the
               issuance of visas and travel permits, and restrictions to the freedom of movement of
               the Panel of Experts and UNAMID,
                     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,
                     Stressing the necessity articulated in the Doha Document for Peace in Darfur
               that all Parties to the armed conflict in Darfur shall fully and unconditionally accept
               their obligations under international humanitarian law, international human rights
               law, and relevant Security Council resolutions,
                      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 serious violations of international
               human rights and humanitarian law, by whomsoever perpetrated,
                     Emphasizing the imperative, highlighted in the Doha Document for Peace in
               Darfur, to refrain from all acts of violence against civilians, in particular vulnerable
               groups such as women and children, and from violations of human rights and
               international humanitarian law and the need to address the urgent humanitarian
               crisis faced by the people of Darfur, including the guarantee of unrestricted
               humanitarian access to all areas,
                     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,



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                 Determining that the situation in Sudan continues to constitute a threat to
           international peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,
                1.    Decides to extend until 17 February 2013 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), and 1982 (2011) and requests the Secretary-General to take the necessary administrative measures, including basing
           arrangements, as expeditiously as possible;
                2.    Notes the creation on 11 January 2012 of two additional states in Darfur,
           and confirms that all previous references to North, South and West Darfur shall
           apply to all the territory of Darfur, including the new states of Eastern and Central
           Darfur;
                3.   Decides that the listing criteria set out in paragraph (3) (c) of resolution
           1591 (2005) shall also apply to entities;
                4.    Decides that the exemptions in support of the implementation of the
           Comprehensive Peace Agreement set forth in paragraph 7 of resolution 1591 (2005)
           and further clarified in paragraph 8 (b) of resolution 1945 (2010) shall no longer
           apply;
                 5.   Requests the Panel of Experts to provide no later than 31 July 2012, a
           midterm briefing on its work and no later than 90 days after the adoption of this
           resolution an interim report to the Committee established pursuant to paragraph 3 (a)
           of resolution 1591 (2005) (hereinafter “the Committee”) and a final report no later
           than 30 days prior to termination of its mandate to the Council with its findings and
           recommendations;
                 6.     Requests the Panel of Experts to provide monthly updates 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;
                7.   Requests the Panel of Experts to report, in the timeframe identified in
           paragraph 5, on the implementation and effectiveness of paragraph 10 of resolution
           1945 (2010);
                 8.    Requests the Panel of Experts 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 the political process in Darfur,
           and to assess in its interim and final reports progress towards reducing violations by
           all parties of the measures imposed by paragraphs 7 and 8 of resolution 1556 (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 or human rights law or
           other atrocities, including sexual- and gender-based violence, 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;
                9.  Regrets that some individuals affiliated with the Government of Sudan
           and armed groups in Darfur have continued to commit violence against civilians,



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               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 meet the listing criteria;
                    10. Requests the Panel of Experts to continue to investigate the 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);
                     11. Expresses its concern that certain items are being 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);
                     12. 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 calls on all States to remove all obstacles to the work of the Panel
               of Experts, particularly to freedom of movement, including by issuing timely visas
               and travel permits;
                     13. 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;
                     14. Expresses its concern that the travel ban and asset freeze on designated
               individuals is not being implemented by all States, and requests the Committee to
               respond effectively to any reports of non-compliance by States with paragraph 3 of
               resolution 1591 (2005) and resolution 1672 (2006), including by engaging with all
               relevant parties;
                    15. 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;
                     16. 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;
                     17. Welcomes the Committee’s work, which has drawn on the reports of the
               Panel of Experts and taken advantage of the work done in other fora, to draw
               attention to the responsibilities of private sector actors in conflict affected areas;
                    18.   Decides to remain actively seized of the matter.




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