Security Council resolution 1861 (2009) [on extension of the mandate of the UN Mission in the Central African Republic and Chad (MINURCAT)]
Symbol: S/RES/1861(2009)
Date: 2009-01-14
Status: adopted
Agenda: S/64 [162] UN MISSION IN THE CENTRAL AFRICAN REPUBLIC AND CHAD
S/64 [181] CENTRAL AFRICAN REPUBLIC SITUATION
S/64 [163] CHAD SITUATION
Subjects: UN Mission in the Central African Republic and Chad|EUFOR Chad/Central African Republic|European Union|UN. Special Representative of the Secretary-General and Head of the United Nations Mission in the Central African Republic and Chad|UN Mission in the Central African Republic and Chad > Terms of reference|Sirte Agreement (2007)|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|INTERNAL SECURITY|CENTRAL AFRICAN REPUBLIC|CHAD|REGIONAL SECURITY|CENTRAL AFRICA|HUMANITARIAN ASSISTANCE|DISPLACED PERSONS|STAFF SECURITY|RELIEF PERSONNEL|FREEDOM OF MOVEMENT|NEIGHBOURING STATES|CHILD SOLDIERS|REFUGEES|REPATRIATION|TRUST FUNDS|MILITARY PERSONNEL|TROOP-CONTRIBUTING STATES|LOGISTICS|POLICE|TRAINING PROGRAMMES
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/1861 (2009)
               Security Council                                                Distr.: General
                                                                               14 January 2009




               Resolution 1861 (2009)

               Adopted by the Security Council at its 6064th meeting,
               on 14 January 2009

                    The Security Council,
                     Recalling its resolutions and the statements of its President concerning Chad,
               the Central African Republic and the subregion, including resolution 1778 (2007),
               resolution 1834 (2008), and its resolution 1769 (2007),
                     Reaffirming its commitment to the sovereignty, unity, territorial integrity and
               political independence of Chad and the Central African Republic, and to the cause
               of peace in the region,
                     Reiterating its concern at the humanitarian and security repercussions in
               eastern Chad and the north-eastern Central African Republic of the ongoing violence
               in Darfur,
                     Deeply concerned at armed activities and banditry in eastern Chad, the northeastern Central African Republic and western Sudan which threaten the security of
               the civilian population, the conduct of humanitarian operations in those areas and
               the stability of those countries, and which result in serious violations of human
               rights and international humanitarian law,
                     Welcoming the recent resumption of diplomatic relations between the
               Governments of Chad and Sudan and the efforts by the Government of Libya to
               promote it, and stressing that a further improvement of relations between Sudan,
               Chad and the Central African Republic will contribute to long-term peace and
               stability in the region,
                     Stressing also that a proper settlement of the Darfur issue, the full
               implementation of the Sirte and Libreville agreements, and the efforts of national
               political dialogue in Chad and the Central African Republic, will contribute to longterm peace and stability in the region and to the voluntary, secure and sustainable
               return of refugees and internally displaced persons,
                   Reiterating its full support for the efforts of the Secretary-General, the African
               Union and regional actors to find solutions to armed conflicts in the region,
                     Reaffirming that any attempt at destabilization through violent means or
               seizing power by force is unacceptable,



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                    Reaffirming its resolutions 1325 (2000) and 1820 (2008) on women, peace and
               security, 1502 (2003) on the protection of humanitarian and United Nations
               personnel, and 1674 (2006) on the protection of civilians in armed conflict,
                    Reaffirming its resolution 1612 (2005) on children in armed conflict, taking
               note of the report of the Secretary-General on children and armed conflict in Chad
               (S/2008/532) and the recommendations therein, and recalling the conclusions
               regarding Chad adopted by its Working Group on Children and Armed Conflict
               (S/AC.51/2008/15), as approved by the Council,
                    Recognizing that the Governments of Chad and the Central African Republic
               bear primary responsibility for ensuring the security of civilians in their territories,
                    Bearing in mind the Convention relating to the Status of refugees of 28 July
               1951 and its additional protocol of 16 December 1966, along with the 1969
               Convention of the Organization of African Unity governing the specific aspects of
               refugee problems in Africa,
                     Emphasizing the need to respect international refugee law, preserve the
               civilian and humanitarian nature of the refugee camps and internally displaced
               persons sites and prevent any recruitment of individuals, including children, which
               might be carried out in or around the camps and sites by armed groups,
                    Recalling its authorization under resolution 1778 of a multidimensional
               presence in the regions of eastern Chad and the north-eastern Central African
               Republic indicated in paragraph 37 of the report of the Secretary-General
               (S/2007/488) of 10 August 2007 (hereinafter referred to as “eastern Chad and the
               north-eastern Central African Republic”),
                     Commending the deployment by the European Union of an operation (EUFOR
               Chad/CAR) to support the United Nations Mission in the Central African Republic
               and Chad (MINURCAT), and recalling that the mandate of EUFOR Chad/CAR runs
               until 15 March 2009,
                    Welcoming the ongoing selection and training by MINURCAT of police and
               gendarmerie officers of the Détachement intégré de sécurité (DIS), and stressing the
               need to expedite the deployment of DIS,
                     Having examined the report of the Secretary-General (S/2008/760) of
               4 December 2008 (hereinafter referred to as “the report of the Secretary-General”)
               and its recommendations on the arrangements for following up EUFOR Chad/CAR
               at the end of its mandate,
                     Welcoming the letter from the President of Chad dated 6 January 2009 and the
               letter from the President of the Central African Republic dated 5 December 2008
               regarding the deployment of a military component of MINURCAT in both countries
               to follow up EUFOR at the end of its mandate,
                    Determining that the situation in the region of the border between the Sudan,
               Chad and the Central African Republic constitutes a threat to international peace and
               security,
                    1.    Decides to extend for a period of 12 months, in accordance with
               paragraphs 2 to 7 below, the multidimensional presence in Chad and military
               presence in the Central African Republic intended to help create the security
               conditions conducive to a voluntary, secure and sustainable return of refugees and


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           displaced persons, inter alia by contributing to the protection of refugees, displaced
           persons and civilians in danger, by facilitating the provision of humanitarian
           assistance in eastern Chad and the north-eastern Central African Republic and by
           creating favourable conditions for the reconstruction and economic and social
           development of those areas;
              2.  Decides, for that purpose, to extend until 15 March 2010 the mandate of
           MINURCAT, as set out in paragraphs 6 and 7 below;
                3.    Authorizes the deployment of a military component of MINURCAT to
           follow up EUFOR in both Chad and the Central African Republic at the end of its
           mandate, welcomes the concept of operations proposed in paragraphs 57 to 61, and
           in option 2 of paragraph 62 of the report of the Secretary-General, and decides that
           the transfer of authority between EUFOR and the military component of
           MINURCAT will take place on 15 March 2009;
                 4.   Decides that MINURCAT shall include a maximum of 300 police
           officers, 25 military liaison officers, 5,200 military personnel, and an appropriate
           number of civilian personnel;
                 5.   Recalls that in paragraph 5 of resolution 1778, it endorsed the police
           concept referred to in the report of the Secretary-General (S/2007/488) of 10 August
           2007, including the provisions regarding the establishment of the Police tchadienne
           pour la protection humanitaire (PTPH), now Détachement intégré de sécurité (DIS),
           which is dedicated exclusively to maintaining law and order in refugee camps, sites
           with concentrations of internally displaced persons and key towns in neighbouring
           areas and to assisting in securing humanitarian activities in eastern Chad;
                6.    Decides that MINURCAT shall have the following mandate in eastern
           Chad and the north-eastern Central African Republic, in liaison with the United
           Nations country team and, as appropriate, in liaison with the United Nations
           Peacebuilding Support Office in the Central African Republic (BONUCA) and
           without prejudice to the mandate of BONUCA:

           Security and protection of civilians
                (a) To select, train, advise and facilitate support to elements of the
           Détachement intégré de sécurité referred to in paragraph 5;
                (b) To liaise with the national army, the gendarmerie and police forces, the
           nomad national guard, the judicial authorities and prison officials in Chad and the
           Central African Republic to contribute to the creation of a more secure environment,
           combating in particular the problems of banditry and criminality;
                (c) To liaise with the Chadian Government and the Office of the United
           Nations High Commissioner for Refugees (UNHCR) in support of their efforts to
           relocate refugee camps which are in close proximity to the border, and to provide to
           UNHCR, on availability and cost-reimbursable basis, logistical assistance for that
           purpose;
                (d) To liaise with the Sudanese Government, the African Union/United
           Nations Hybrid Operation in Darfur (UNAMID), BONUCA, the Multinational
           Force of the Economic Community of Central African States in the Central African
           Republic (MICOPAX) and the Community of Sahelo-Saharan States (CEN-SAD) to
           exchange information on emerging threats to humanitarian activities in the region;


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                     (e) To support the initiatives of national and local authorities in Chad to
               resolve local tensions and promote local reconciliation efforts, in order to enhance
               the environment for the return of internally displaced persons;

               Human rights and the rule of law
                    (f) To contribute to the monitoring and to the promotion and protection of
               human rights in Chad, with particular attention to sexual and gender-based violence,
               and to recommend action to the competent authorities, with a view to fighting
               impunity;
                     (g) To support, within its capabilities, efforts aimed at strengthening the
               capacity of the Government of Chad and civil society through training in
               international human rights standards, and efforts to put an end to recruitment and
               use of children by armed groups;
                    (h) To assist the Government of Chad in the promotion of the rule of law,
               including through support for an independent judiciary and a strengthened legal
               system, in close coordination with United Nations agencies;

               Regional peace support
                    (i) To continue to play a role as observer with UNAMID in the Contact
               Group that was established under the 13 March 2008 Dakar Accord to monitor its
               implementation and assist, as necessary, the Governments of Chad, the Sudan and
               the Central African Republic to build good neighbourly relations;
                    7.    Acting under Chapter VII of the Charter of the United Nations,
                     (a) Decides further that MINURCAT shall be authorized to take all necessary
               measures, within its capabilities and its area of operations in eastern Chad, to fulfil
               the following functions, in liaison with the Government of Chad:
                    (i) To contribute to protecting civilians in danger, particularly refugees and
                    internally displaced persons;
                    (ii) To facilitate the delivery of humanitarian aid and the free movement of
                    humanitarian personnel by helping to improve security in the area of
                    operations;
                    (iii) To protect United Nations personnel, facilities, installations and
                    equipment and to ensure the security and freedom of movement of its staff and
                    United Nations and associated personnel;
                    (b) Decides further that MINURCAT shall be authorized to take all necessary
               measures, within its capabilities and its area of operations in the north-eastern
               Central African Republic, to fulfil the following functions, through establishing a
               permanent military presence in Birao and in liaison with the Government of the
               Central African Republic:
                    (i)   To contribute to the creation of a more secure environment;
                    (ii) To execute operations of a limited character in order to extract civilians
                    and humanitarian workers in danger;




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                (iii) To protect United Nations personnel, facilities, installations and
                equipment and to ensure the security and freedom of movement of its staff and
                United Nations and associated personnel;
                (c) Noting the agreements entered into by the Secretary-General and the
           Governments of Chad and the Central African Republic on the status of
           MINURCAT, dated 21 March 2008 and 21 November 2008 respectively, requests
           the Secretary-General and both Governments to conclude, prior to 15 March 2009,
           amendments to those agreements to ensure that they fully cover MINURCAT,
           including its military component authorized by this resolution, taking into account
           General Assembly resolution 59/47 on the scope of legal protection under the
           Convention on the Safety of United Nations and Associated Personnel, General
           Assembly resolution 60/42 on the Optional Protocol to the Convention on the Safety
           of United Nations and Associated Personnel and General Assembly resolution
           63/138 on the Safety and Security of Humanitarian Personnel and the Protection of
           United Nations Personnel, and decides that the model status-of-forces agreement of
           9 October 1990 (A/45/594) shall apply provisionally to supplement the existing
           agreements pending their amendment;
                8.   Requests the Secretary-General and the Governments of Chad and the
           Central African Republic to cooperate closely throughout the period of deployment
           of MINURCAT;
                 9.    Recalls that it authorized the European Union operation, after 15 March
           2009, to take all appropriate measures to achieve an orderly disengagement, by
           means including fulfilment of the functions indicated in paragraph 6, subparagraph a
           of resolution 1778, within the limits of its residual capacity;
                10. Requests the European Union and the Secretary-General to continue to
           cooperate closely throughout the period of deployment of the European Union
           operation, until its complete disengagement;
                 11. Underscores the importance that the military concept of operations and
           rules of engagement be fully in line with the provisions of this resolution, and
           requests the Secretary-General to report on them to the Security Council and Troop
           Contributing Countries;
                 12. Encourages the Governments of Chad and the Central African Republic
           to continue to cooperate with the United Nations and the European Union to
           facilitate the smooth transition from EUFOR to the United Nations military
           component, including the handover of all sites and infrastructure established by
           EUFOR to the United Nations follow-on presence;
               13. Calls on the Government of Chad, and MINURCAT according to its
           mandate, to expedite and complete the selection, training and deployment of DIS;
                14. Encourages Member States to contribute the necessary force
           requirements for MINURCAT, in particular the helicopters, reconnaissance
           elements, engineers, logistics and medical facilities;
                15. Urges all the Member States, particularly the States bordering Chad and
           the Central African Republic, to facilitate the delivery to Chad and the Central
           African Republic freely, without obstacles or delay, of all personnel, equipment,
           provisions, supplies and other goods, including vehicles and spare parts, intended



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               for MINURCAT,        and   the   European    Union   operation   until   its   complete
               disengagement;
                     16. Invites donors to continue to contribute to the MINURCAT trust fund,
               established to support DIS;
                    17. Exhorts the donor community to sustain its efforts to address the
               humanitarian, reconstruction and development needs of Chad and the Central
               African Republic;
                     18. Calls upon all the parties to cooperate fully in the deployment and
               operations of MINURCAT, and the European Union operation until its complete
               disengagement, including by guaranteeing the security and freedom of movement of
               their personnel and associated personnel;
                    19. Encourages the respective Governments of the Sudan, Chad and the
               Central African Republic to ensure that their territories are not used to undermine
               the sovereignty of others, to cooperate actively with a view to implementing the
               Dakar Accord of 13 March 2008 and previous agreements, and to cooperate with a
               view to putting an end to the activities of armed groups in the region and their
               attempts to seize power by force, and welcomes the role played in particular by the
               Dakar Contact Group, the Governments of Libya and the Republic of Congo as
               African Union mediators, as well as the African Union and the United Nations,
               including through the Special Representative of the Secretary-General, head of
               MINURCAT, in support of the Dakar process;
                     20. Demands that armed groups cease violence immediately and urges all
               parties in Chad and the Central African Republic, respectively, to respect and
               implement the Sirte agreement of 25 October 2007 and the comprehensive peace
               agreement signed in Libreville on 21 June 2008;
                     21. Encourages the authorities and political stakeholders in Chad and the
               Central African Republic to continue to pursue their efforts of national dialogue, with
               respect for the constitutional frameworks, welcomes the holding of the inclusive
               political dialogue in the Central African Republic, with the support of the dialogue
               Chair, Pierre Buyoya, and the regional peace facilitator, President Omar Bongo
               Ondimba of Gabon, and the conclusion of the inclusive political dialogue that calls
               for a government gathering the entities participating in the dialogue, emphasizes also
               the importance of the political agreement for the reinforcement of the democratic
               process signed in N’Djamena on 13 August 2007 and encourages the parties to
               proceed with its implementation in particular with a view to holding early elections;
                     22. Reaffirms the obligation of all parties to implement fully the rules and
               principles of international humanitarian law, particularly those regarding the
               protection of humanitarian personnel, and furthermore requests all the parties
               involved to provide humanitarian personnel with immediate, free and unimpeded
               access to all persons in need of assistance, in accordance with applicable
               international law;
                     23. Encourages efforts by MINURCAT and the United Nations country team,
               including through the appointment of child protection advisers, to prevent the
               recruitment of refugees and children and to maintain the civilian nature of refugee
               camps and internally displaced person sites, in coordination with DIS and the
               humanitarian community;



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                 24. Takes note of the measures already undertaken by the authorities of Chad
           to put an end to the recruitment and use of children by armed groups, encourages
           them to pursue their cooperation with United Nations bodies in this regard,
           particularly UNICEF, and calls on all the parties involved to ensure that children are
           protected;
                 25. Endorses the benchmarks presented in paragraph 70 of the report of the
           Secretary-General towards the exit strategy of MINURCAT, and stresses in
           particular the following:
                  (a) Voluntary return and resettlement in secure and sustainable conditions of
           a critical mass of internally displaced persons;
                (b) Demilitarization of refugee and internally displaced person camps as
           evidenced by a decrease in arms, violence and human rights abuses;
                (c) Improvement in the capacity of Chadian authorities in eastern Chad,
           including national law enforcement agencies, the judiciary and the prison system to
           provide the necessary security for refugees, internally displaced persons, civilians
           and humanitarian workers with respect for international human rights standards;
                 26. Stresses that an improved capacity of the Government of the Central
           African Republic to exercise its authority in the north-eastern part of the country is
           also critical to the fulfilment of the objectives of MINURCAT as set out in
           paragraph 1, and calls on the Government of the Central African Republic, Member
           States, BONUCA, United Nations agencies and the Peacebuilding Commission, to
           provide the necessary support to the reform of the security sector in the Central
           African Republic;
                27. Stresses that improved cooperation between the Sudan, Chad and the
           Central African Republic with a view to putting an end to the activities of armed
           groups in the region is also critical to the restoration of peace and security in eastern
           Chad and the north-eastern Central African Republic;
                 28. Requests the Secretary-General to continue to report regularly, and at
           least every three months, on the security and humanitarian situation, including
           movements of refugees and internally displaced persons, in eastern Chad, the northeastern Central African Republic and the region, on progress in the implementation
           of the relevant agreements, on progress towards the fulfilment of the benchmarks in
           paragraphs 25 and 26 above, and on the implementation of the mandate of
           MINURCAT, and to provide the Security Council, with the same regularity, a
           specific update on the military situation;
                 29. Requests the Secretary-General to inform the Security Council in his
           upcoming reports on the development of a strategic workplan containing indicative
           timelines to measure and track progress on the implementation of the benchmarks in
           paragraphs 25 and 26 above with a view to meeting them by 15 March 2011;
                30. Stresses that it will take duly into account the progress against those
           benchmarks when considering the possible renewal of MINURCAT’s mandate
           beyond 15 March 2010;
                31.   Decides to remain actively seized of the matter.




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