Security Council resolution 1864 (2009) [on renewal of the mandate of the UN Mission in Nepal (UNMIN)]
Symbol: S/RES/1864(2009)
Date: 2009-01-23
Status: adopted
Agenda: S/64 [169] NEPAL--POLITICAL CONDITIONS
S/64 [170] UN POLITICAL MISSION IN NEPAL
Subjects: UN Political Mission in Nepal|Comprehensive Peace Agreement between the Government of Nepal and the Communist Party of Nepal (Maoist) (2006)|POLITICAL CONDITIONS|PEACEBUILDING|SPECIAL MISSIONS|NEPAL|WEAPONS TRACING|WEAPONS SURRENDER|STAFF SECURITY|FREEDOM OF MOVEMENT
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: MEXICO
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TURKEY
vote: yes
country: UGANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                 S/RES/1864 (2009)
               Security Council                                               Distr.: General
                                                                              23 January 2009




               Resolution 1864 (2009)
               Adopted by the Security Council at its 6074th meeting, on
               23 January 2009

                    The Security Council,
                    Recalling its resolutions 1825 (2008), 1796 (2008) and 1740 (2007),
                    Reaffirming the sovereignty, territorial integrity and political independence of
               Nepal and its ownership of the implementation of the Comprehensive Peace
               Agreement and subsequent agreements,
                     Recalling the signing on 21 November 2006 by the Government of Nepal and
               the Communist Party of Nepal (Maoist) of a Comprehensive Peace Agreement, and
               the stated commitment of both parties to find a permanent and sustainable peace and
               commending the steps taken to date to implement the Agreement,
                     Acknowledging the strong desire of the Nepalese people for peace and the
               restoration of democracy and the importance in this respect of the implementation of
               the Comprehensive Peace Agreement and subsequent agreements by the relevant
               parties,
                    Expressing its continued readiness to support the peace process in Nepal in the
               timely and effective implementation of the Comprehensive Peace Agreement and
               subsequent agreements, in particular the 25 June Agreement, as requested by the
               Government of Nepal,
                     Welcoming the successful conclusion of the Constituent Assembly elections on
               10 April 2008, and the progress made by the parties since the formation of the
               Constituent Assembly in working towards a democratic government, including the
               decision made at the first session of the Constituent Assembly to establish Nepal as
               a federal democratic republic,
                     Welcoming the formation of a democratically elected government and
               institutions in Nepal,
                     Welcoming the establishment of the Special Committee for the supervision,
               integration and rehabilitation of the Maoist army personnel, and calling upon the
               Government of Nepal, and all political parties to work together to ensure the
               effective working of the committee, and to complete the integration and
               rehabilitation of the Maoist army personnel,



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                     Echoing the Secretary-General’s call for all parties in Nepal to move forward
               swiftly in the implementation of the agreements reached, noting the Secretary-General’s assessment that the United Nations Mission in Nepal (UNMIN) will be
               well placed to assist in the management of arms and armed personnel in accordance
               with the 25 June Agreement between the political parties, and recognising UNMIN’s
               willingness to assist the parties in this, as requested, in order to achieve a durable
               solution,
                    Welcoming the report of the Secretary-General of 2 January on the United
               Nations Mission in Nepal (UNMIN), in accordance with his mandate,
                     Welcoming the completion of two phases of the verification process and
               continuing assistance with the management of arms and armed personnel of both
               sides in accordance with resolution 1740 (2007) and in line with the provisions of
               the Comprehensive Peace Agreement, noting the importance of a durable long term
               solution in helping to create the conditions for completion of UNMIN’s activities
               and noting also in this regard the need to address outstanding issues, particularly the
               release of minors in cantonment sites, and welcoming the Government of Nepal’s
               commitment to discharge minors without further delay, and calling upon the
               Government of Nepal to implement this commitment as soon as possible, and for
               continued reporting on this issue as required under resolution 1612 (2005),
                     Noting with appreciation that with the successful holding of the Constituent
               Assembly elections, some of the elements of the mandate relating to UNMIN as set
               out in resolution 1740 (2007) have already been accomplished,
                    Taking note of the Government of Nepal’s letter to the Secretary-General of
               12 December 2008 (S/2008/837), which recognises UNMIN’s contribution and
               requests an extension of UNMIN at a smaller scale to carry out the remainder of the
               mandate for six months, and further taking note of the intention of the Government
               of Nepal with regard to termination of UNMIN’s monitoring requirements by the
               end of this six month period,
                    Recognizing the need to pay special attention to the needs of women, children
               and traditionally marginalized groups in the peace process, as mentioned in the
               Comprehensive Peace Agreement and resolution 1325 (2000),
                     Recognizing that civil society can play an important role in democratic
               transition and conflict prevention,
                     Expressing appreciation for the contribution of the Secretary-General’s
               Special Representative and the efforts of his team in UNMIN, and the United
               Nations Country Team, including the Office of the High Commissioner for Human
               Rights which is monitoring human rights at the request of the government, and
               stressing the need for coordination and complementarity of efforts between the
               mission and all the United Nations actors in the mission area, particularly in order to
               ensure continuity, as the mandate comes to an end,
                     1.   Decides in line with the request from the Government of Nepal and the
               Secretary-General’s recommendations, to renew the mandate of UNMIN as
               established under resolution 1740 (2007) until 23 July 2009, taking into account the
               completion of some elements of the mandate, the ongoing work on the monitoring
               and the management of arms and armed personnel in line with the 25 June




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           Agreement among the political parties, which will support the completion of the
           peace process;
                 2.   Calls upon all parties to take full advantage of the expertise and
           readiness of UNMIN, within its mandate, to support the peace process to facilitate
           the completion of outstanding aspects of UNMIN’s mandate;
                3.   Concurs with the Secretary-General’s view that the current monitoring
           arrangements cannot be maintained indefinitely, and underlines the need for the
           Government of Nepal to consider necessary measures to reduce UNMIN’s
           monitoring requirements;
                4.    Endorses the Secretary-General’s recommendations for a phased,
           gradual, drawdown and withdrawal of UNMIN staff, including arms monitors, as
           proposed in paragraph 62 and 63 of the Report of the Secretary-General;
                  5.   Requests the Secretary-General to keep the Security Council informed of
           progress towards implementation of this resolution and to submit a report on this
           and the implications for UNMIN, with a view to further downsizing of UNMIN, no
           later than 30 April 2009;
                 6.   Calls upon the Government of Nepal to continue to take the necessary
           decisions to create conditions conducive to completion of UNMIN’s activities by the
           end of the current mandate, including through implementation of the 25 June
           Agreement, in order to facilitate UNMIN’s withdrawal from Nepal;
                7.    Welcomes progress achieved so far, and calls upon all political parties in
           Nepal to expedite the peace process, and to continue to work together in a spirit of
           cooperation, consensus and compromise in order to continue the transition to a
           durable long-term solution to enable the country to move to a peaceful, democratic
           and more prosperous future;
                 8.   Requests the parties in Nepal to take the necessary steps to promote the
           safety, security and freedom of movement of UNMIN and associated personnel in
           executing the tasks defined in the mandate;
                9.    Decides to remain seized of the matter.




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