Security Council resolution 2338 (2017) [on extension of the mandate of the UN Peacekeeping Force in Cyprus (UNFICYP) until 31 July 2017]
Symbol: S/RES/2338 (2017)
Date: 2017-01-26
Status: adopted
Agenda: S/72 [43] UN PEACEKEEPING FORCE IN CYPRUS
S/72 [42] CYPRUS QUESTION
Subjects: UN Peacekeeping Force in Cyprus|UN. Committee on Missing Persons in Cyprus|PEACEBUILDING|CONFIDENCE-BUILDING MEASURES|PEACEKEEPING OPERATIONS|DEMILITARIZED ZONES|MINE CLEARANCE|CYPRUS|CYPRUS QUESTION|SEX CRIMES
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOLIVIA (PLURINATIONAL STATE OF)
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: ETHIOPIA
vote: yes
country: FRANCE
vote: yes
country: ITALY
vote: yes
country: JAPAN
vote: yes
country: KAZAKHSTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SWEDEN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes

               United Nations                                                                   S/RES/2338 (2017)
               Security Council                                                 Distr.: General
                                                                                26 January 2017




               Resolution 2338 (2017)
               Adopted by the Security Council at its 7869th meeting, on
               26 January 2017

                    The Security Council,
                    Welcoming the report of the Secretary-General of 9 January 2017 (S/2017/20)
               on the United Nations operation in Cyprus,
                    Noting that the Government of Cyprus is agreed that in view of the prevailing
               conditions on the island it is necessary to keep the United Nations Peacekeeping
               Force in Cyprus (UNFICYP) beyond 31 January 2017,
                     Noting the intention of the Secretary-General to report on his Good Offices in
               the next reporting period, echoing the Secretary-General’s firm belief that the
               responsibility for finding a solution lies first and foremost with the Cypriots
               themselves, and reaffirming the primary role of the United Nations in assisting the
               parties to bring the Cyprus conflict and division of the island to a comprehensi ve
               and durable settlement,
                     Welcoming the commitments set out in the Greek Cypriot and Turkish Cypriot
               leaders’ Joint Statement of 14 September 2016 on the basis of the Joint Declaration
               adopted on 11 February 2014, further welcoming the good progress in negotiations
               since then, including the convening of a Conference for Cyprus under UN auspices
               in January 2017, and the participants’ commitment to support the process towards a
               comprehensive settlement in Cyprus, and the support provided by the Secretary -
               General’s Special Adviser on Cyprus Espen Barth Eide,
                     Recalling the importance attached by the international community to all
               parties engaging fully, flexibly and constructively in the negotiations and noting that
               the negotiations have not yet resulted in an enduring, comprehensive and just
               settlement based on a bicommunal, bizonal federation with political equality, as set
               out in relevant Security Council resolutions, encouraging the sides to intensify the
               substantive negotiations on the unresolved core issues interdependently, and
               stressing that the status quo is unsustainable,
                    Noting the need to advance the consideration of and discussions on military
               confidence-building measures, calling for renewed efforts to implement all




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               remaining confidence-building measures, and for agreement on and implementation
               of further steps to build trust between the communities,
                    Reaffirming the importance of continued crossings of the Green Line by
               Cypriots, and encouraging the opening by mutual agreement of other crossing
               points,
                    Convinced of the many important benefits, including economic benefits for all
               Cypriots, that would flow from a comprehensive and durable Cyprus settlement,
               urging the two sides and their leaders to foster positive public rhetoric, and
               encouraging them clearly to explain the benefits of the settlement, as well as the
               need for increased flexibility and compromise in order to secure it, to both
               communities well in advance of any referenda,
                     Highlighting the importance, both political and financial, of the supporting
               role of the international community, and in particular that of all parties concerned in
               taking practical steps towards helping the Greek Cypriot and Turkish Cypriot
               leaders to exploit fully the current opportunity,
                     Taking note of the assessment of the Secretary-General that the security
               situation on the island and along the Green Line remains stable, and urging all sides
               to avoid any action, including violations of the military status quo, which could lead
               to an increase in tension, undermine the progress achieved so far, or damage the
               goodwill on the island,
                    Recalling the Secretary-General’s firm belief that the situation in the buffer
               zone would be improved if both sides accepted the 1989 aide -memoire used by the
               United Nations,
                     Noting with regret that the sides are withholding access to the remaining
               minefields in the buffer zone, and that demining in Cyprus must continue, noting the
               continued danger posed by mines in Cyprus, noting also proposals and discussions
               as well as positive initiatives on demining, and urging rapid agreement on
               facilitating the recommencement of demining operations and clearance of the
               remaining minefields,
                     Commending the work of the Committee on Missing Persons, highlighting the
               importance of intensifying its activities, and therefore the need to provide all
               information required as expressed in the press release of the Committee on Missing
               Persons on 28 July 2016 regarding review of archival materials, noting that nearly
               half of all missing persons have yet to be located and around 63% have yet to be
               identified, urging the opening up of access to all areas expeditiously to allow the
               Committee to carry out its work, and trusting that this process will promote
               reconciliation between the communities,
                     Agreeing that active participation of civil society groups, including women ’s
               groups, is essential to the political process and can contribute to making any future
               settlement sustainable, recalling that women play a critically important role in peace
               processes, welcoming all efforts to promote bicommunal contacts and events
               including, inter alia, on the part of all United Nations bodies on the island, and
               urging the two sides to promote the active engagement of civil society and the
               encouragement of cooperation between economic and commercial bodies and to
               remove all obstacles to such contacts,




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                Stressing the need for the Council to pursue a rigorous, strategic approach to
           peacekeeping deployments,
                 Welcoming the intention of the Secretary-General to keep all peacekeeping
           operations under close review to ensure efficiency and effectiveness, including a
           review of UNFICYP when appropriate, and noting the importance of transition
           planning in relation to the settlement, including recommendations as appropriate for
           further adjustments to UNFICYP’s mandate, force levels and other resources and
           concept of operations, taking into account developments on the ground and the
           views of the parties,
                Noting with appreciation the efforts of Special Representative Elizabeth
           Spehar and Special Adviser Espen Barth Eide and welcoming the Secretary-General’s appointment of Force Commander Major General Mohammad Humayun
           Kabir,
                Echoing the Secretary-General’s gratitude to the Government of Cyprus and
           the Government of Greece for their voluntary contributions to the funding of
           UNFICYP, and his request for further voluntary contributions from other countries
           and organizations, and expressing appreciation to Member States that contribute
           personnel to UNFICYP,
                Welcoming and encouraging efforts by the United Nations to sensitize
           peacekeeping personnel in the prevention and control of HIV/AIDS and other
           communicable diseases in all its peacekeeping operations,
                1.    Welcomes the progress of the leaders-led negotiations so far and the
           ongoing efforts of the leaders and their negotiators to reach a comprehensive and
           durable settlement, and encourages the sides to grasp the current opportunity with
           determination to secure a comprehensive settlement;
                2.    Takes note of the report of the Secretary-General (S/2017/20);
                3.     Recalls Security Council resolution 2263 (2016), and calls upon the two
           leaders to:
                 (a) Put their efforts behind further work on reaching convergences on the
           core issues;
                (b) Continue to work with the Technical Committees with the objective of
           improving the daily lives of the Cypriots;
                (c) Improve the public atmosphere for the negotiations, including by
           focussing public messages on convergences and the way ahead, and delivering more
           constructive and harmonised messages; and
                (d)   Increase the participation of civil society in the process as appropriate;
                 4.    Requests the Secretary-General to intensify further transition planning in
           relation to a settlement, guided by developments in negotiations, and encourages the
           sides to engage with each other, as well as with UNFICYP and the United Nations
           Good Offices mission on issues related to the implementation of a settlement;
                 5.    Urges the implementation of confidence-building measures, and looks
           forward to agreement on and implementation of further such mutually-acceptable
           steps, including military confidence-building measures and the opening of crossing




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               points already agreed upon and others, that can contribute to a conducive
               environment for a settlement;
                     6.    Welcomes all efforts to accommodate the Committee on Missing Persons
               exhumation requirements as well as the joint appeal for information issued by the
               two leaders on 28 May 2015, and calls upon all parties to provide more expeditious,
               full access to all areas, given the need to intensify the Committee ’s work;
                    7.   Reaffirms all its relevant resolutions on Cyprus, in particular resolution
               1251 (1999) of 29 June 1999 and subsequent resolutions;
                   8.    Expresses its full support for UNFICYP and decides to extend its
               mandate for a further period ending 31 July 2017;
                    9.    Calls on both sides to continue to engage, as a matter of urgency and
               while respecting UNFICYP’s mandate, in consultations with UNFICYP on the
               demarcation of the buffer zone, and on the United Nations 1989 aide -memoire, with
               a view to reaching early agreement on outstanding issues;
                    10. Calls on the Turkish Cypriot side and Turkish forces to restore in
               Strovilia the military status quo which existed there prior to 30 June 2000;
                     11. Calls on both sides to allow access to deminers and to facilitate the
               removal of the remaining mines in Cyprus within the buffer zone, and urges both
               sides to extend demining operations outside the buffer zone;
                     12. Requests the Secretary-General to submit a report on implementation of
               this resolution, including on transition planning in relation to the settlement, by
               10 July 2017 and to keep the Security Council updated on events as necessary;
                    13. Welcomes the efforts being undertaken by UNFICYP to implement the
               Secretary-General’s zero tolerance policy on sexual exploitation and abuse and to
               ensure full compliance of its personnel with the United Nations code of conduct,
               requests the Secretary-General to continue to take all necessary action in this regard
               and to keep the Security Council informed, and urges troop-contributing countries
               to take appropriate preventive action including the conduct of pre -deployment
               awareness training, and to take disciplinary action and other action to ensure full
               accountability in cases of such conduct involving their personnel;
                    14.   Decides to remain seized of the matter.




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