Security Council resolution 2037 (2012) [on extension of the mandate of the UN Integrated Mission in Timor-Leste (UNMIT) until 31 Dec. 2012]
Symbol: S/RES/2037(2012)
Date: 2012-02-23
Status: adopted
Agenda: S/67 [179] UN INTEGRATED MISSION IN TIMOR-LESTE
S/67 [180] TIMOR-LESTE SITUATION
Subjects: UN Integrated Mission in Timor-Leste|Policía Nacional Timor-Leste|FALINTIL-FDTL|UN. Special Representative of the Secretary-General for Timor-Leste|Independent Special Commission of Inquiry for Timor-Leste|PEACEKEEPING OPERATIONS|PEACEBUILDING|POST-CONFLICT RECONSTRUCTION|INTERNAL SECURITY|TIMOR-LESTE|ELECTIONS|ELECTION VERIFICATION|LAW REFORM|SECURITY SECTOR REFORM|HUMAN RIGHTS|POLICE|JUDICIAL SYSTEM|COMMISSIONS OF INQUIRY
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/2037 (2012)
               Security Council                                               Distr.: General

                                                                              23 February 2012




               Resolution 2037 (2012)
               Adopted by the Security Council at its 6721st meeting, on
               23 February 2012

                    The Security Council,
                    Reaffirming all its previous resolutions and statements on the situation in
               Timor-Leste, in particular its resolutions 1599 (2005), 1677 (2006), 1690 (2006),
               1703 (2006), 1704 (2006), 1745 (2007), 1802 (2008), 1867 (2009), 1912 (2010) and
               1969 (2011),
                    Welcoming the report of the Secretary-General of 18 January 2012
               (S/2012/43),
                     Reaffirming its full commitment to the sovereignty, independence, territorial
               integrity and national unity of Timor-Leste and the promotion of long-term stability
               in the country,
                     Taking note of general stability through further improvements in the political
               and security situation, and welcoming the strong commitment of the leadership and
               other stakeholders in Timor-Leste to fostering national dialogue and peaceful and
               inclusive participation in democratic processes, and their ongoing efforts to promote
               continued peace, stability and unity,
                     Stressing the importance for Timor-Leste’s long-term stability of ensuring a
               peaceful, credible and transparent electoral process in 2012, and encouraged by the
               steady progress made in the preparation of the presidential and parliamentary
               elections, notably by political leaders’ commitment to peace and stability during the
               electoral process, and by the ongoing efforts by the electoral management bodies to
               increase women and youth participation in the electoral process,
                    Noting with appreciation the work of the High-Level Committee on Transition,
               welcoming the Joint Transition Plan of 19 September 2011 signed between the
               Government of Timor-Leste and UNMIT, and looking forward to its effective
               implementation,
                     Reaffirming the need for respect for the independence of the judiciary,
               stressing the need to act against impunity, while noting the continuing serious
               resource constraints of the judicial system and the Government’s efforts to address
               these challenges, encouraging the leadership of Timor-Leste to continue to increase
               its efforts to establish accountability for serious criminal offences including those


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               committed during the 2006 crisis, as recommended by the Independent Special
               Commission of Inquiry,
                     Encouraging further progress in finalizing the draft laws on reparations and on
               the establishment of follow-on institutions to the Commission for Reception, Truth
               and Reconciliation and the Commission of Truth and Friendship, pursuant to the
               resolution of the Parliament of Timor-Leste adopted on 14 December 2009,
                    Welcoming the further progress made in strengthening capacities in the justice
               and corrections sectors, which has resulted in enhanced access to justice, reductions
               in pending criminal prosecution cases, and improved prison infrastructure,
                     Recognizing the steps taken by the Government of Timor-Leste to further
               strengthen the institutional capacities and effectiveness of the Anti-Corruption
               Commission and the Civil Service Commission and to consolidate broad support for
               anti-corruption measures, welcoming the approval of the Law on Preventing and
               Combating Money Laundering and Financing of Terrorism and emphasizing the
               importance of effective laws, institutions, mechanisms and norms relating to the
               transparency, accountability and efficiency of Public Administration for the
               country’s long-term stability and development, and encouraging in this regard
               implementation of the law establishing the Audit Chamber of the High
               Administrative, Tax and Audit Court,
                     Welcoming the full resumption of primary policing responsibilities by the
               Polícia Nacional de Timor-Leste (PNTL), the ongoing implementation of the PNTL-UNMIT Police Joint Development Plan and the continued focus by the PNTL on
               operational capacity, with technical advice from UNMIT police, in preparation of
               the coming electoral process and final certification of the PNTL’s reconstitution, and
               noting the continuing need for support to the PNTL’s further institutional
               development and capacity-building,
                     Expressing its full support for the role of the international security forces in
               assisting the Government of Timor-Leste and UNMIT, in the maintenance of law
               and stability, in response to the requests of the Government of Timor-Leste,
                    Welcoming the enhancement of the capability of the Falintil-Forças de Defesa
               de Timor-Leste (F-FDTL), including the deployment of personnel in United Nations
               peacekeeping Missions such as UNIFIL and UNMISS,
                     Welcoming the progress of the Government of Timor-Leste in achieving strong
               economic growth and socio-economic development, including reductions in the
               percentage of the population living in poverty and the improvement of human
               development indicators, while acknowledging the challenges that remain in
               achieving inclusive and sustainable growth, particularly through the promotion of
               rural development, the private sector, and employment generation, especially for the
               youth, and by regulating land and property titles and ownership,
                    Further welcoming the adoption by the Government of Timor-Leste of the
               National Strategic Development Plan covering the period from 2011 to 2030,
                     Recalling that, while Timor-Leste has progressed in many aspects of its
               political, economic and social development, as well as in human resources
               development and institution-building, the country still faces many challenges and
               needs continued assistance of bilateral and multilateral partners in order to fully
               realize its potential for equitable and inclusive sustainable growth,


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                 Acknowledging the contribution that Timor-Leste has made in demonstrating
           the critical importance of institution-building and aid effectiveness in post conflict
           peacebuilding, including through its work in the g7+,
                 Welcoming also the commitment and action of the Government of Timor-Leste
           to promote the objectives of Security Council resolution 1325 (2000), including
           measures taken to protect women and girls from gender based violence, especially
           those related to the implementation of the Law Against Domestic Violence, and the
           work of the PNTL Vulnerable Persons Units, as well as the Government’s
           commitment to women’s participation in the political sphere in the upcoming
           elections and other measures relating to the situation of women and girls,
               Welcoming the positive engagement and constructive response by the
           Government of Timor-Leste following the review of its National Report through the
           Human Rights Council’s Universal Periodic Review mechanism,
                 Recognizing the important contribution of UNMIT in promoting peace,
           stability and development in Timor-Leste, and expressing its appreciation for the
           efforts of UNMIT and the United Nations Country Team, under the leadership of the
           Special Representative of the Secretary-General (SRSG),
                1.     Decides to extend the mandate of UNMIT until 31 December 2012 at the
           current authorized levels and endorses the plan of its phased drawdown, in
           accordance with the wishes of the Government of Timor-Leste, conditions on the
           ground and following the successful completion of the 2012 electoral process, as
           recommended in paragraph 65 of the report of the Secretary-General (S/2012/43)
           and as reflected in the Joint Transition Plan;
                 2.   Urges all parties in Timor-Leste, in particular political leaders, to
           continue to work together and engage in political dialogue and to consolidate peace,
           democracy, rule of law, sustainable social and economic development, promotion of
           protection of human rights and advancement of national reconciliation in the
           country, and reaffirms its full support for the continued efforts of the SRSG in
           promoting a culture of democratic governance, through an inclusive and
           collaborative processes;
                 3.  Requests UNMIT to continue to extend the necessary support, within its
           current mandate, for the preparation and implementation of the presidential and
           parliamentary elections, as requested by the Government of Timor-Leste, and calls
           upon the international community to provide assistance in this process including
           through sending election observers and volunteers as requested by the Government
           of Timor-Leste;
                 4.   Reaffirms the importance that the Government of Timor-Leste continues
           the review and reform of the security sector in Timor-Leste, in particular the need to
           delineate between the roles and responsibilities of the F-FDTL and the PNTL, to
           strengthen legal frameworks, and to enhance civilian oversight and accountability
           mechanisms of both security institutions, supports the efforts of the SRSG to
           promote Security Sector professionalization and requests UNMIT to continue to
           support the Government of Timor-Leste, as requested, in its efforts in the country;
                 5.    Emphasizes the importance of taking all measures necessary to ensure the
           credibility and integrity of the PNTL, and notes the Government’s efforts towards
           resolving the outstanding disciplinary and criminal charges faced by PNTL officers;



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                    6.    Encourages efforts towards the full reconstitution of the PNTL pursuant
               to the exchange of letters between the Government of Timor-Leste and UNMIT,
               including through jointly agreed measures to enhance PNTL institutional capacity;
                     7.    Requests UNMIT to provide operational support to the PNTL, in
               particular for the electoral process, within its current mandate, as mutually agreed
               between the Government of Timor-Leste and UNMIT;
                    8.    Requests UNMIT to support the further institutional development and
               capacity-building of the PNTL pursuant to the PNTL-UNMIT Police Joint
               Development Plan, appeals to all countries concerned to approve requests for the
               extension of deployment of police officers serving in key UNMIT positions, and
               emphasizes the significant role to be played in this by other bilateral and multilateral
               partners and the importance of promoting Timorese leadership;
                    9.    Underscores the need for the concept of operations and rules of
               engagement to be regularly updated as necessary and to be fully in line with the
               provisions of this resolution;
                     10. Reaffirms the importance of ongoing efforts to achieve accountability and
               justice, expresses its support for the work of UNMIT in assisting the Government of
               Timor-Leste in this regard within its mandate, as well as for the initiatives to
               strengthen the Office of the Provedor for Human Rights and Justice, and underlines
               the importance of the implementation by the Government of Timor-Leste of the
               recommendations of the United Nations Special Commission of Inquiry report of
               2006 (S/2006/822), including paragraphs 225 through 228 of the report;
                    11. Underlines the importance of a coordinated approach to the justice sector
               reform, taking into account the recommendations of the Independent
               Comprehensive Needs Assessment and through implementation of the Timorese
               Government’s Justice Sector Strategic Plan, and the ongoing need to increase
               Timorese ownership and strengthen national capacity in judicial line functions,
               including the training and specialization of national lawyers and judges, and
               emphasizes the need for sustained support of the international community in
               capacity-building and strengthening of institutions in this sector;
                    12. Requests UNMIT to continue its efforts, adjusting them as necessary to
               enhance the effectiveness of the judiciary, in assisting the Government of Timor-Leste in carrying out the proceedings recommended by the Commission of Inquiry;
                     13. Calls upon UNMIT to continue to support the Government of Timor-Leste in its efforts to coordinate donor cooperation in areas of institutional capacitybuilding;
                    14. Recognizes the importance of the development plans devised by the
               Government of Timor-Leste, particularly the National Strategic Development Plan,
               especially the attention paid to infrastructure, rural development and human
               resources capacity development, and in this regard, welcomes the Dili Development
               Pact agreed between the Government of Timor-Leste and the donor community in
               July 2011 and calls upon UNMIT to continue to cooperate and coordinate with the
               United Nations agencies, funds and programmes, as well as all relevant partners, to
               support the Government of Timor-Leste and relevant institutions in designing
               poverty reduction, improving education, promotion of sustainable livelihood and
               economic growth policies;



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                 15. Encourages further efforts towards the effective implementation, of the
           Joint Transition Plan, including through engagement between UNMIT, the
           Government of Timor-Leste and bilateral and multilateral partners regarding the
           transfer of functions currently provided by UNMIT which will be needed after the
           Mission’s withdrawal;
                16. Encourages the Government of Timor-Leste to continue to strengthen
           peacebuilding perspectives in such areas as employment and empowerment,
           especially focusing on rural areas, women and youth, as well as local
           socio-economic development in particular in the agricultural sector;
                 17. Requests UNMIT to fully take into account gender considerations as set
           out in Security Council resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1889
           (2009) as a cross-cutting issue throughout its mandate, stressing the importance of
           strengthening the responsiveness of the security sector to specific needs of women,
           and reaffirms its resolutions 1674 (2006) and 1894 (2009) on protection of civilians
           and 1502 (2003) on the protection of humanitarian and United Nations personnel;
                 18. Requests the Secretary-General to continue to take the necessary
           measures to ensure full compliance by UNMIT with the United Nations zero
           tolerance policy on sexual exploitation and abuse and to keep the Council informed,
           and urges those countries contributing troops and police to take appropriate
           preventive action and to ensure full accountability in cases of such conduct
           involving their personnel;
                 19. Reaffirms the importance of the medium-term strategy and benchmarks
           for measuring and tracking progress in Timor-Leste, and assessing the level and
           form of United Nations support and cooperation with the Government of Timor-Leste while keeping the benchmarks under active review, and underlines the
           importance of ownership of the strategy by the leaders and people of Timor-Leste in
           this process;
                 20. Requests also the Secretary-General to keep the Security Council
           regularly informed of the developments on the ground and to submit to the Security
           Council, within 60 days after the formation of the new Government and at the latest
           15 October 2012, a report assessing the security and political situation, and
           providing recommendations on the completion of UNMIT’s Mission and the transfer
           of responsibilities in order to enable the Government of Timor-Leste and UNMIT to
           finalize preparations for UNMIT’s withdrawal consistent with the situation on the
           ground and on the views of the Government of Timor-Leste concerning the post-UNMIT United Nations role in Timor-Leste;
                21. Encourages a timely decision by the Government of Timor-Leste on the
           nature, activities and scope of the United Nations role post-UNMIT in coordination
           with UNMIT, the United Nations Country Team and other relevant stakeholders;
                22.   Decides to remain seized of the matter.




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