Security Council resolution 1591 (2005) [on establishment of a Security Council Committee to monitor implementation of the measures in Darfur]
Symbol: S/RES/1591(2005)
Date: 2005-03-29
Status: adopted
Agenda: S/60 [160] SUDAN--POLITICAL CONDITIONS
Subjects: Janjaweed (Sudan)|Sudan Justice and Equality Movement|Sudan People's Liberation Movement|Sudan People's Liberation Army|UN. Security Council Committee Established pursuant to Resolution 1591 (2005) concerning the Sudan > Establishment|UN. Security Council Committee Established pursuant to Resolution 1591 (2005) concerning the Sudan > Terms of reference|UN. Panel of Experts Established pursuant to Security Council Resolution 1591 (2005)|African Union Mission in the Sudan|African Union Ceasefire Commission|N'Djamena Humanitarian Ceasefire Agreement [between the Government of Sudan and the Sudan Liberation Movement/Army and the Sudan Justice and Equality Movement] (2004)|N'Djamena Humanitarian Ceasefire Agreement [between the Government of Sudan and the Sudan Liberation Movement/Army and the Sudan Justice and Equality Movement] (2004). Protocols, etc., 2004 Nov. 9|Comprehensive Peace Agreement between the Government of the Republic of the Sudan and the Sudan People's Liberation Movement/Sudan People's Liberation Army (2005)|Charter of the United Nations (1945)|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|MILITARY ACTIVITY|CEASEFIRES|TRAVEL RESTRICTIONS|DARFUR (SUDAN)|SUDAN|SANCTIONS|SUDAN|CRIMINAL JUSTICE|HUMAN RIGHTS MONITORING|HUMAN RIGHTS VIOLATIONS|HUMAN RIGHTS IN ARMED CONFLICTS|HUMANITARIAN ASSISTANCE|NEGOTIATION|DISPUTE SETTLEMENT|AIR TRANSPORT|GROUPS OF EXPERTS|EQUIPMENT AND SUPPLIES|TECHNICAL TRAINING|INFORMATION EXCHANGE
Votes in favour: 12
Votes against: 0
Abstentions: 3
Voting record:
country: ALGERIA
vote: abstention
country: ARGENTINA
vote: yes
country: BENIN
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: abstention
country: DENMARK
vote: yes
country: FRANCE
vote: yes
country: GREECE
vote: yes
country: JAPAN
vote: yes
country: PHILIPPINES
vote: yes
country: ROMANIA
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: UNITED KINGDOM
vote: yes
country: UNITED REPUBLIC OF TANZANIA
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                    S/RES/1591 (2005)
               Security Council                                                Distr.: General
                                                                               29 March 2005




               Resolution 1591 (2005)
               Adopted by the Security Council at its 5153rd meeting, on
               29 March 2005

                    The Security Council,
                    Recalling its resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July
               2004, 1564 (2004) of 18 September 2004, 1574 (2004) of 19 November 2004, 1585
               (2005) of 10 March 2005, 1588 (2005) of 17 March 2005, and 1590 of 24 March
               2005, and statements of its President concerning Sudan,
                     Reaffirming its commitment to the sovereignty, unity, independence and
               territorial integrity of Sudan, and recalling the importance of the principles of good
               neighbourliness, non-interference and regional cooperation,
                    Recalling the commitments made by the parties in the 8 April N’djamena
               Ceasefire Agreement and the 9 November 2004 Abuja Humanitarian and Security
               Protocols between the Government of Sudan, the Sudan Liberation Movement/Army
               (SLM/A) and the Justice and Equality Movement (JEM), and recalling the
               commitments made in the Joint Communique of 3 July 2004 between the
               Government of Sudan and the Secretary-General,
                   Welcoming the signing of the Comprehensive Peace Agreement between the
               Government of Sudan (GOS) and the Sudan People’s Liberation Movement/Army
               (SPLM/A) in Nairobi, Kenya on 9 January 2005,
                     Recognizing that the parties to the Comprehensive Peace Agreement must
               build on the Agreement to bring peace and stability to the entire country, and calling
               on all Sudanese parties, in particular those party to the Comprehensive Peace
               Agreement, to take immediate steps to achieve a peaceful settlement to the conflict
               in Darfur and to take all necessary action to prevent further violations of human
               rights and international humanitarian law and to put an end to impunity, including in
               the Darfur region,
                     Expressing its utmost concern over the dire consequences of the prolonged
               conflict for the civilian population in the Darfur region as well as throughout Sudan,
               in particular the increase in the number of refugees and internally displaced persons,
                     Considering that the voluntary and sustainable return of refugees and
               internally displaced persons will be a critical factor for the consolidation of the
               peace process,


05-28789 (E)
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S/RES/1591 (2005)


                     Expressing also its deep concern for the security of humanitarian workers and
               their access to populations in need, including refugees, internally displaced persons
               and other war-affected populations,
                    Condemning the continued violations of the N’djamena Ceasefire Agreement
               of 8 April 2004 and the Abuja Protocols of 9 November 2004 by all sides in Darfur
               and the deterioration of the security situation and negative impact this has had on
               humanitarian assistance efforts,
                     Strongly condemning all violations of human rights and international
               humanitarian law in the Darfur region, in particular the continuation of violence
               against civilians and sexual violence against women and girls since the adoption of
               resolution 1574 (2004), urging all parties to take necessary steps to prevent further
               violations, and expressing its determination to ensure that those responsible for all
               such violations are identified and brought to justice without delay,
                     Recognizing that international support for implementation of the
               Comprehensive Peace Agreement is critically important to its success, emphasizing
               that progress towards resolution of the conflict in Darfur would create conditions
               conducive for delivery of such assistance, and alarmed that the violence in Darfur
               nonetheless continues,
                    Recalling the demands, in resolutions 1556 (2004), 1564 (2004), and
               1574 (2004), that all parties to the conflict in Darfur refrain from any violence
               against civilians and cooperate fully with the African Union Mission in Darfur,
                     Welcoming the 16 February 2005 N’djamena Summit on Darfur and the
               continued commitment of the African Union to play a key role in facilitating a
               resolution to the conflict in Darfur in all respects, and the announcement by the
               Government of Sudan on 16 February 2005 that it would take immediate steps,
               including withdrawal of its forces from Labado, Qarifa, and Marla in Darfur, and the
               withdrawal of its Antonov aircraft from Darfur,
                     Commending the efforts of the African Union, in particular its Chairman,
               acknowledging the progress made by the African Union in the deployment of an
               international protection force, police, and military observers, and calling on all
               member states to contribute generously and urgently to the African Union Mission
               in Darfur,
                     Reaffirming its resolutions 1325 (2000) on women, peace, and security,
               1379 (2001) and 1460 (2003) on children in armed conflicts, as well as resolutions
               1265 (1999) and 1296 (2000) on the protection of civilians in armed conflicts and
               resolution 1502 (2003) on the protection of humanitarian and UN personnel,
                     Taking note of the Secretary-General’s reports of 31 January 2005 (S/2005/57
               and Add.1), 3 December 2004 (S/2004/947), 4 February 2005 (S/2005/68), and
               4 March 2005 (S/2005/140), as well as the report of 25 January 2005 of the
               International Commission of Inquiry (S/2005/60),
                     Determining that the situation in Sudan continues to constitute a threat to
               international peace and security,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.   Deplores strongly that the Government of Sudan and rebel forces and all
               other armed groups in Darfur have failed to comply fully with their commitments


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and the demands of the Council referred to in resolutions 1556 (2004), 1564 (2004),
and 1574 (2004), condemns the continued violations of the 8 April 2004 N’djamena
Ceasefire Agreement and the 9 November 2004 Abuja Protocols, including air
strikes by the Government of Sudan in December 2004 and January 2005 and rebel
attacks on Darfur villages in January 2005, and the failure of the Government of
Sudan to disarm Janjaweed militiamen and apprehend and bring to justice
Janajaweed leaders and their associates who have carried out human rights and
international humanitarian law violations and other atrocities, and demands that all
parties take immediate steps to fulfil all their commitments to respect the N’djamena
Ceasefire Agreement and the Abuja Protocols, including notification of force
positions, to facilitate humanitarian assistance, and to cooperate fully with the
African Union Mission;
      2.    Emphasizes that there can be no military solution to the conflict in
Darfur, and calls upon the Government of Sudan and the rebel groups, particularly
the Justice and Equality Movement and the Sudanese Liberation Movement/Army to
resume the Abuja talks rapidly without preconditions and negotiate in good faith to
speedily reach agreement, and urges the parties to the Comprehensive Peace
Agreement to play an active and constructive role in support of the Abuja talks and
take immediate steps to support a peaceful settlement to the conflict in Darfur;
       3.    Decides, in light of the failure of all parties to the conflict in Darfur to
fulfil their commitments,
     (a) to establish, in accordance with rule 28 of its provisional rules of
procedure, a Committee of the Security Council consisting of all the members of the
Council (herein “the Committee”), to undertake to following tasks:
     i.    to monitor implementation of the measures referred to in subparagraphs
     (d) and (e) of this paragraph and paragraphs 7 and 8 of resolution 1556 (2004),
     and paragraph 7 below;
     ii.  to designate those individuals subject to the measures imposed by
     subparagraphs (d) and (e) of this paragraph and to consider requests for
     exemptions in accordance with subparagraphs (f) and (g);
     iii. to establish such guidelines as may be necessary to facilitate the
     implementation of the measures imposed by subparagraphs (d) and (e);
     iv.   to report at least every 90 days to the Security Council on its work;
     v.   to consider requests from and, as appropriate, provide prior approval to
     the Government of Sudan for the movement of military equipment and
     supplies into the Darfur region in accordance with paragraph 7 below;
     vi. to assess reports from the Panel of Experts established under
     subparagraph (b) of this paragraph, and Member States, in particular those in
     the region, on specific steps they are taking to implement the measures
     imposed by subparagraphs (d) and (e) and paragraph 7 below;
     vii. to encourage a dialogue between the Committee and 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;




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                     (b) to request the Secretary-General, in consultation with the Committee, to
               appoint for a period of six months, within 30 days of adoption of this resolution, a
               Panel of Experts comprised of four members and based in Addis Ababa, Ethiopia, to
               travel regularly to El-Fasher, Sudan and other locations in Sudan, and to operate
               under the direction of the Committee to undertake the following tasks:
                    i.   to assist the Committee in monitoring implementation of the measures in
                    subparagraphs (d) and (e), paragraphs 7 and 8 of resolution 1556 (2004), and
                    paragraph 7 of this resolution, and to make recommendations to the Committee
                    on actions the Council may want to consider;
                    ii.   to provide a mid-term briefing on its work to the Committee, and an
                    interim report no later than 90 days after adoption of this resolution, and a
                    final report no later than 30 days prior to termination of its mandate to the
                    Council through the Committee with its findings and recommendations; and
                    iii. to coordinate its activities as appropriate with ongoing operations of the
                    African Union Mission in Sudan (AMIS);
                     (c) that those individuals, as designated by the Committee established by
               subparagraph (a) above, based on the information provided by Member States, the
               Secretary-General, the High Commissioner for Human Rights or the Panel of
               Experts established under subparagraph (b) of this paragraph above, and other
               relevant sources, who impede the peace process, constitute a threat to stability in
               Darfur and the region, commit violations of international humanitarian or human
               rights law or other atrocities, violate the measures implemented by Member States
               in accordance with paragraphs 7 and 8 of resolution 1556 (2004) and paragraph 7 of
               this resolution as implemented by a state, or are responsible for offensive military
               overflights described in paragraph 6 of this resolution, shall be subject to the
               measures identified in subparagraphs (d) and (e) below;
                     (d) 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
               pursuant to subparagraph (c) above, provided that nothing in this paragraph shall
               obligate a State to refuse entry into its territory to its own nationals;
                     (e) that all States shall freeze all funds, financial assets and economic
               resources that are on their territories on the date of adoption of this resolution or at
               any time thereafter, that are owned or controlled, directly or indirectly, by the
               persons designated by the Committee pursuant to subparagraph (c) above, or that are
               held by entities owned or controlled, directly or indirectly, by such persons or by
               persons acting on their behalf or at their direction, and decides further that all States
               shall ensure that no funds, financial assets or economic resources are made available
               by their nationals or by any persons within their territories to or for the benefit of
               such persons or entities;
                    (f) that the measures imposed by subparagraph (d) above shall not apply
               where the Committee established by subparagraph (a) above determines on a case
               by case basis that such travel is justified on the ground of humanitarian need,
               including religious obligation, or where the Committee concludes that an exemption
               would otherwise further the objectives of the Council’s resolutions for the creation
               of peace and stability in Sudan and the region;




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     (g) that the measures imposed by subparagraph (e) of this resolution do not
apply to funds, other financial assets and economic resources that:
     i.    have been determined by relevant States to be necessary for basic
     expenses, including payment for foodstuffs, rent or mortgage, medicines and
     medical treatment, taxes, insurance premiums, and public utility charges or for
     payment of reasonable professional fees and reimbursement of incurred
     expenses associated with the provision of legal services, or fees or service
     charges, in accordance with national laws, for routine holding or maintenance
     of frozen funds, other financial assets and economic resources, after
     notification by the relevant States to the Committee of the intention to
     authorize, where appropriate, access to such funds, other financial assets and
     economic resources and in the absence of a negative decision by the
     Committee within two working days of such notification;
     ii.   have been determined by relevant States to be necessary for
     extraordinary expenses, provided that such determination has been notified by
     the relevant States to the Committee and has been approved by the Committee,
     or
     iii. have been determined by relevant States to be the subject of a judicial,
     administrative or arbitral lien or judgment, in which case the funds, or other
     financial assets and economic resources may be used to satisfy that lien or
     judgment provided that the lien or judgment was entered prior to the date of
     the present resolution, is not for the benefit of a person or entity designated by
     the Committee, and has been notified by the relevant States to the Committee;
     4.    Decides that the measures referred to in subparagraphs 3 (d) and (e) shall
enter into force 30 days from the date of adoption of this resolution, unless the
Security Council determines before then that the parties to the conflict in Darfur
have complied with all the commitments and demands referred to in paragraph 1
above and paragraph 6 below;
      5.   Expresses its readiness to consider the modification or termination of the
measures under paragraph 3, on the recommendation of the Committee or at the end
of a period of 12 months from the date of adoption of this resolution, or earlier if the
Security Council determines before then that the parties to the conflict in Darfur
have complied with all the commitments and demands referred to in paragraph 1
above and paragraph 6 below;
      6.   Demands that the Government of Sudan, in accordance with its
commitments under the 8 April 2004 N’djamena Ceasefire Agreement and the
9 November 2004 Abuja Security Protocol, immediately cease conducting offensive
military flights in and over the Darfur region, and invites the African Union
Ceasefire Commission to share pertinent information as appropriate in this regard
with the Secretary-General, the Committee, or the Panel of Experts established
under paragraph 3 (b);
      7.    Reaffirms the measures imposed by paragraphs 7 and 8 of resolution
1556 (2004), and decides that these measures shall immediately upon adoption of
this resolution, also apply to all the parties to the N’djamena Ceasefire Agreement
and any other belligerents in the states of North Darfur, South Darfur and West
Darfur; decides that these measures shall not apply to the supplies and related
technical training and assistance listed in paragraph 9 of resolution 1556 (2004);


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               decides that these measures shall not apply with respect to assistance and supplies
               provided in support of implementation of the Comprehensive Peace Agreement;
               further decides that these measures shall not apply to movements of military
               equipment and supplies into the Darfur region that are approved in advance by the
               Committee established under paragraph 3 (a) upon a request by the Government of
               Sudan; and invites the African Union Ceasefire Commission to share pertinent
               information as appropriate in this regard with the Secretary-General, the Committee,
               or the Panel of Experts established under paragraph 3 (b);
                     8.   Reiterates that, in the event the parties fail to fulfil their commitments
               and demands as outlined in paragraphs 1 and 6, and the situation in Darfur continues
               to deteriorate, the Council will consider further measures as provided for in Article
               41 of the Charter of the United Nations;
                    9.    Decides to remain seized of the matter.




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