Security Council resolution 2091 (2013) [on extension of the mandate of the UN Panel of Experts Established pursuant to Security Council Resolution 1591 (2005) until 17 Feb. 2014]
Symbol: S/RES/2091 (2013)
Date: 2013-02-14
Status: adopted
Agenda: S/68 [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|TRAVEL RESTRICTIONS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ARGENTINA
vote: yes
country: AUSTRALIA
vote: yes
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GUATEMALA
vote: yes
country: LUXEMBOURG
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: REPUBLIC OF KOREA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: RWANDA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                   S/RES/2091 (2013)
               Security Council                                                 Distr.: General
                                                                                14 February 2013




               Resolution 2091 (2013)
               Adopted by the Security Council at its 6920th meeting, on
               14 February 2013

                    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,
                    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, welcoming the Doha Document for Peace in
               Darfur as a basis for these efforts, and reiterating 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 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,
                     Expressing concern about the political and military links between
               non-signatory armed groups in Darfur and groups outside Darfur, and demanding
               that any form of direct or indirect external support for such groups ceases, and
               condemning any actions by any armed group aimed at forced overthrow of the
               Government of Sudan,
                     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

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                (2000), 1820 (2008), 1888 (2009), and 1889 (2009); recruitment and use of children
                and other grave violations and abuses against children in line with resolutions 1612
                (2005), 1882 (2009), 1998 (2011) and 2068 (2012); 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,
                      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 delays in the issuance of visas, 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 reported violations of human rights and international
                humanitarian law, while noting the improved interaction between the Focal Point of
                the Government of Sudan and the Panel of Experts,
                      Further deploring the three incidents of interference by the Government of
                Sudan with the work of the Panel of Experts, as set out in paragraphs 20 to 24 of the
                Final Report of the Panel of Experts (S/2013/79),
                    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,
                      Recalling the 24 January 2013 Final 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, 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,
                      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, for all armed actors to refrain from all acts of violence against civilians, in



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           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 safe,
           timely and unrestricted humanitarian access to all areas by humanitarian agencies
           and personnel,
                 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 until 17 February 2014 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) and 2035 (2012) and requests
           the Secretary-General to take the necessary administrative measures, including
           basing arrangements, as expeditiously as possible;
                 2.    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);
                 3.   Requests the Panel of Experts to provide no later than 31 July 2013, 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;
                 4.     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;
                5.   Requests the Panel of Experts to report, in the time frame identified in
           paragraph 3, on the implementation and effectiveness of paragraph 10 of resolution
           1945 (2010);
                 6.    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 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


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                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;
                      7.    Regrets that some individuals affiliated with 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 meet the listing criteria;
                      8. 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);
                      9.    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);
                      10. 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;
                      11. Urges the Government of Sudan to respond to the Committee’s 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
                abuses and violations of international humanitarian law, including notably the
                killings of civilians in Abu Zereiga in June 2011, Hashaba in August 2012 and Sigili
                in November 2012; 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 unimpeded and regular access for
                humanitarian relief to these areas;
                     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);
                      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;




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                 14. 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;
                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 resolutions 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 forums, 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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