Security Council resolution 1865 (2009) [on renewal of the mandates of the UN Operation in Côte d'Ivoire (UNOCI) and of the French forces which support it]
Symbol: S/RES/1865(2009)
Date: 2009-01-27
Status: adopted
Agenda: S/64 [198] UN OPERATION IN CÔTE D'IVOIRE
S/64 [196] CÔTE D'IVOIRE--POLITICAL CONDITIONS
Subjects: UN Operation in Côte d'Ivoire|UN. Special Representative of the Secretary-General for Côte d'Ivoire|Facilitator of the Peace Process in Côte d'Ivoire|UN System|Côte d'Ivoire. Independent Electoral Commission|Ouagadougou Political Agreement (2007)|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|ELECTIONS|PEACEBUILDING|INTERNAL SECURITY|CÔTE D'IVOIRE|MILITARY PERSONNEL|FRANCE|VOTER REGISTRATION|CODES OF CONDUCT|HUMAN RIGHTS|WOMEN'S RIGHTS|RIGHTS OF THE CHILD|POST-CONFLICT RECONSTRUCTION|HUMAN RIGHTS MONITORING|CIVILIAN PERSONS|DISARMAMENT|SOCIAL INTEGRATION|DISPLACED PERSONS|HUMAN RIGHTS IN ARMED CONFLICTS|ELECTION VERIFICATION|SEX CRIMES|ACCOUNTABILITY|COORDINATION WITHIN UN SYSTEM
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/1865 (2009)
               Security Council                                                 Distr.: General
                                                                                27 January 2009




               Resolution 1865 (2009)
               Adopted by the Security Council at its 6076th meeting, on
               27 January 2009

                    The Security Council,
                    Recalling its previous resolutions, in particular resolutions 1739 (2007), 1765
               (2007), 1795 (2008), 1826 (2008) and 1842 (2008) relating to the situation in Côte
               d’Ivoire, and resolution 1836 (2008) on the situation in Liberia,
                     Recalling also the statements of its President relating to the situation in Côte
               d’Ivoire and in particular that, in the statement dated 7 November 2008
               (S/PRST/2008/42), it took note that the delays that had occurred since the launch of
               the identification and voter registration process had proven greater than expected
               and expressed its deep concern about a possible third consecutive delay of the
               presidential elections since the signature of the Ouagadougou political Agreement,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and unity of Côte d’Ivoire, and recalling the importance of the principles of
               good-neighbourliness, non-interference and regional cooperation,
                     Recalling that it endorsed the Agreement signed by President Laurent Gbagbo
               and Mr. Guillaume Soro in Ouagadougou on 4 March 2007 (“the Ouagadougou
               political Agreement”, S/2007/144), and the three following Supplementary
               Agreements, as recommended by the African Union,
                    Expressing again its appreciation to President Blaise Compaoré of Burkina
               Faso (“the Facilitator”) for his continued efforts to support the peace process in Côte
               d’Ivoire, in particular through the Ouagadougou political Agreement follow-up
               mechanisms, commending and encouraging the continued efforts of the African
               Union and the Economic Community of West African States (“ECOWAS”) to
               promote peace and stability in Côte d’Ivoire, and reiterating its full support for
               them,
                     Stressing again the importance of the international consultative organ
               participating in the meetings of the evaluation and monitoring committee, as an
               observer,
                     Reiterating its strong condemnation of any attempt to destabilize the peace
               process by force, and expressing its intention to examine without delay the situation
               after any such attempt, on the basis of a report by the Secretary-General,


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                    Having taken note of the report of the Secretary-General dated 8 January 2009
               (S/2009/21),
                     Recalling its resolution 1674 (2006) on the protection of civilians in armed
               conflicts and condemning all violations of international humanitarian law,
                     Noting with concern, in spite of the sustained improvement of the overall
               human rights situation, the persistence of cases of human rights violations against
               civilians in different parts of the country, including numerous acts of sexual
               violence, stressing that the perpetrators must be brought to justice, and reiterating
               its firm condemnation of all violations of human rights and international
               humanitarian law in Côte d’Ivoire,
                    Recalling its resolution 1612 (2005) on children and armed conflict and the
               subsequent conclusions of the Security Council Working Group on Children and
               Armed Conflict pertaining to parties in the armed conflict of Côte d’Ivoire
               (S/AC.51/2008/5), and expressing its deep concern that children continue to suffer
               from various forms of violence,
                     Recalling also its resolutions 1325 (2000) and 1820 (2008) on women, peace
               and security, condemning any sexual violence, stressing again the importance of
               women’s equal participation and full involvement in all efforts for the maintenance
               of peace and promotion of peace and security and the need to increase their role in
               decision-making with regard to conflict prevention and resolution, and encouraging
               the Secretary-General to mainstream a gender perspective in the implementation of
               the mandate of the United Nations Operation in Côte d’Ivoire (“UNOCI”),
                    Emphasizing the importance of the continuing support of the United Nations
               system and the international community for strengthening the capacity of the
               Government of Côte d’Ivoire and of the electoral bodies to organize the electoral
               process,
                     Determining that the situation in Côte d’Ivoire continues to pose a threat to
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,

                    (“Supporting the Ouagadougou political process”)
                    1.   Welcomes the progress of the operations of identification of the
               population and of registration of voters and calls upon the Ivorian parties to
               continue to take immediately and as a priority the concrete steps necessary to
               complete these operations before the end of February 2009;
                    2.  Takes note with deep concern that the presidential election scheduled for
               the 30 November 2008 has been postponed, pursuant to the communiqué of the
               10 November 2008 of the permanent consultative framework established by the
               Ouagadougou political Agreement (S/2008/694);
                     3.    Urges the Ivorian political actors to find without delay an agreement on a
               new and realistic time frame leading quickly to free, open, fair and transparent
               elections, recalls that this time frame should elaborate some key stages such as the
               publication of the provisional and final versions of the electoral list, the fabrication
               and distribution of the identity and voter’s cards and the date of the presidential
               elections, and urges again the President of the Independent Electoral Commission to


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           share publicly such a timeline, as requested in the statement of President of the
           Security Council dated 7 November 2008 (S/PRST/2008/42) and pursuant to the
           communiqué of the permanent consultative framework mentioned in paragraph 2
           above;
                 4.    Expresses its intention in this regard to examine as soon as possible the
           new time frame referred to in paragraph 3 above, which will bind the Ivorian
           political actors and reflect their level of political commitment towards free, open,
           fair and transparent elections, and reiterates its determination to bring its full
           support to a credible electoral process in Côte d’Ivoire;
                 5.   Encourages the Government of Cote d’Ivoire to make available to the
           Ivorian institutions involved in the electoral process the necessary resources, and
           encourages the international community to continue their support to the electoral
           process, including by providing, with the agreement of the Ivorian authorities,
           electoral observation capacity and related technical assistance;
               6.   Welcomes the signature on 22 December 2008 by President Laurent
           Gbagbo and Mr. Guillaume Soro, under the facilitation of President Blaise
           Compaoré of Burkina Faso, of the fourth Supplementary Agreement to the
           Ouagadougou political Agreement (S/2008/834);
                 7.    Takes note of the delays occurred in the implementation of the fourth
           Supplementary Agreement referred to in paragraph 6 above and urges the Ivorian
           parties, pursuant to this Agreement, to make progress, including in order to create a
           secure environment for the holding of elections, in the disarmament and dismantling
           of militias, the cantonment and disarmament, demobilization and reintegration
           programme, the unification and restructuring of defence and security forces and the
           restoration of State authority throughout the country;
                8.    Urges also the Ivorian parties to implement the processes mentioned in
           paragraph 7 above in accordance with internationally agreed standards and calls
           upon the international donors to continue to provide their support to them, as
           appropriate;
                 9.   Recalls that it is fully prepared to impose targeted measures pursuant to
           paragraph 16 of resolution 1842 (2008), including among other things against
           persons who are determined to be a threat to the peace and national reconciliation
           process in Côte d’Ivoire, and recalls further that, pursuant to paragraph 6 of the
           above mentioned resolution, any threat to the electoral process in Côte d’Ivoire, in
           particular any attack or obstruction of the action of the Independent Electoral
           Commission in charge of the organization of the elections or the actions of the
           operators mentioned in paragraphs 1.33, and 2.11 of the Ouagadougou political
           Agreement, shall constitute a threat to the peace and national reconciliation process
           for the purposes of paragraph 9 and 11 of resolution 1572 (2004);
                10. Urges again the political parties to comply fully with the Code of Good
           Conduct for elections which they signed under the auspices of the Secretary-General, and in particular urges the Ivorian authorities to allow equitable access to
           public media;
                11. Calls upon all concerned parties to ensure that the protection of women
           and children is addressed in the implementation of the Ouagadougou political
           Agreement as well as the post-conflict reconstruction and recovery phases,



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               including continued monitoring and reporting of the situation of women and
               children and that all reported abuses are investigated and those responsible brought
               to justice;
                    12. Calls also upon all Ivorian parties to take appropriate measures to refrain
               from, prevent and protect civilians from all forms of sexual violence, which could
               include, inter alia, enforcing appropriate military disciplinary measures, upholding
               the principle of command responsibility, and training troops on the categorical
               prohibition of all forms of sexual violence;
                     13. Stresses the importance of an inclusive participation of the Ivorian civil
               society in the electoral process, and of ensuring the equal protection of and respect
               for human rights of every Ivorian as they relate to the electoral system, and in
               particular of removing obstacles and challenges to women’s participation and full
               involvement in public life;
                    14. Urges the signatories of the Ouagadougou political Agreement to take the
               necessary steps to protect vulnerable civilian populations, including by guaranteeing
               the voluntary return, reinstallation, reintegration and security of displaced persons,
               with the support of the United Nations system, and to fulfil in this regard their
               commitments in accordance with the Ouagadougou political Agreement and their
               obligations under international humanitarian law;

                    (“Renewing the mandate the United Nations Operation in Côte d’Ivoire and
               the French forces which support it”)
                     15. Decides to renew the mandates of UNOCI and of the French forces
               which support it, as determined in resolution 1739 (2007), until 31 July 2009, in
               particular to support the organization in Côte d’Ivoire of free, open, fair and
               transparent elections;
                    16. Endorses the recommendation contained in paragraphs 46 and 61 of the
               report of the Secretary-General dated 8 January 2009 (S/2009/21) and decides to
               reduce the level of authorized military personnel from 8115 to 7450;
                     17. Requests UNOCI, within its existing resources, to support actively the
               full implementation of the Ouagadougou political Agreement and its Supplementary
               Agreements, including the fourth Supplementary Agreement, and in particular to
               continue to contribute to bringing the security needed by the peace process,
               including by supporting the disarmament, demobilization and reintegration
               programme and the disarmament and dismantling of militias, and by the electoral
               process and to provide technical and logistical support to the Independent Electoral
               Commission for the preparation and the holding of the elections;
                     18. Endorses to this end, taking into consideration the progresses achieved
               by the Ivorian parties in the implementation of the peace process and of the electoral
               process as well as the remaining challenges, the recommendations on UNOCI
               posture and configuration contained in paragraphs 48 to 54 and in paragraphs 61 of
               the report of the Secretary-General dated 8 January 2009 (S/2009/21);
                     19. Endorses further the benchmarks proposed by the Secretary-General in
               the paragraph 47 of its report dated 8 January 2009 (S/2009/21) for a possible
               further drawdown, requests the Secretary-General to monitor progress on their
               achievement, encourages him to continue to refine and update these benchmarks


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           and to report to the Security Council, and expresses its intention to review these
           benchmarks before the 31 July 2009;
                 20. Reiterates its full support to the efforts of the Special Representative of
           the Secretary-General in Côte d’Ivoire, recalls that he shall certify that all stages of
           the electoral process provide all the necessary guarantees for the holding of open,
           free, fair and transparent presidential and legislative elections in accordance with
           international standards, requests UNOCI to continue to sensitize actively the Ivorian
           population to this certification role and reaffirms its support to the five-criteria
           framework elaborated by the Special Representative and referred to in document
           S/2008/250;
                 21. Recalls that the publication of the electoral list is a crucial step in the
           electoral process, calls upon the Independent Electoral Commission, the technical
           operators, the authorities of Côte d’Ivoire and the political parties to redouble their
           efforts in this regard and requests the Special Representative of the Secretary-General to certify it explicitly;
                 22. Commends the Facilitator for continuing to support the process to settle
           the crisis in Côte d’Ivoire, and requests UNOCI to continue to assist him and his
           Special Representative in Abidjan in the conduct of the facilitation, including by
           helping the Facilitator, as appropriate and upon his request, to carry out his
           arbitration role according to the provisions of paragraph 8.1 of the Ouagadougou
           political Agreement and paragraphs 8 and 9 of the third Supplementary Agreement;
                 23. Reaffirms its intention, as expressed in Resolution 1836 (2008), to
           authorize the Secretary-General to redeploy troops, as may be needed, between the
           United Nations Mission in Liberia (UNMIL) and UNOCI on a temporary basis and
           in accordance with the provisions of resolution 1609 (2005), as recommended by the
           Secretary-General in paragraphs 52 and 62 his report dated 8 January 2009
           (S/2009/21);
                 24. Underscores the importance that the military concept of operations and
           rules of engagement be regularly updated and be fully in line with the provisions of
           this resolution, in particular paragraphs 15 and 17 above and requests the Secretary-General to report on them to the Security Council and Troop Contributing
           Countries;
                 25. Requests UNOCI to continue to contribute, pursuant to paragraph 2 (k) of
           its resolution 1739 (2008), to the promotion and protection of human rights in Côte
           d’Ivoire, with special attention to violence committed against children and women,
           and to continue to support the efforts all parties should take pursuant to paragraph
           12 above, and requests further the SG to continue to include in his reports to the
           Security Council relevant information on progress in this area;
                 26. Requests the Secretary-General to continue to take the necessary
           measures to ensure full compliance in UNOCI with the United Nations zerotolerance policy on sexual exploitation and abuses and to keep the Council
           informed, and urges troop-contributing countries to take appropriate preventive
           action including predeployment awareness training, and other action to ensure full
           accountability in cases of such conduct involving their personnel;
                27. Requests the Secretary-General to keep it regularly informed, at least
           every three months, of the situation on the ground, including a specific update on



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               the security situation, and of the preparation of the electoral process, including the
               process of the establishment of the electoral list;
                    28. Requests further 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 referred to in paragraph 19 above;
                     29. Expresses its intention to review by 31 July 2009 the mandates of
               UNOCI and the French forces which support it, the level of troops of UNOCI and
               the benchmarks referred to in paragraph 19 above, in light of the progress achieved
               in the electoral process and in the implementation of the key steps of the peace
               process, and requests the Secretary-General to provide to it a report to this end three
               weeks before this date;
                    30.   Decides to remain actively seized of the matter.




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