Security Council resolution 1173 (1998) [on measures against UNITA for non-compliance with its obligations under the Lusaka Protocol, relevant Security Council resolutions and the plan of the Special Representative to the Joint Commission]
[Measures against UNITA for non-compliance with its relevant obligations]
Symbol: S/RES/1173(1998)
Date: 1998-06-12
Status: adopted
Agenda: S/53 [80] ANGOLA SITUATION
Subjects: UN. Special Representative of the Secretary-General for Angola|UN. Security Council Committee Established pursuant to Resolution 864 (1993) concerning the Situation in Angola|UN Observer Mission in Angola|União Nacional para a Independência Total de Angola|Lusaka Protocol (1994)|Acordos de Paz para Angola (1991)|Charter of the United Nations (1945). Chapter VII|PEACEKEEPING OPERATIONS|MILITARY DEMOBILIZATION|PUBLIC ADMINISTRATION|SOCIAL INTEGRATION|INTERNAL SECURITY|DIAMONDS|EQUIPMENT AND SUPPLIES|VEHICLES|ANGOLA|ANGOLA SITUATION|STAFF SECURITY|FROZEN ASSETS|FINANCIAL RESOURCES|GUIDELINES|MEDICAL SUPPLIES
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BAHRAIN
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GAMBIA
vote: yes
country: JAPAN
vote: yes
country: KENYA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SLOVENIA
vote: yes
country: SWEDEN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

UNITED
NATIONS                                                                       S
                 Security Council
                                                               Distr.
                                                               GENERAL

                                                               S/RES/1173 (1998)
                                                               12 June 1998




                               RESOLUTION 1173 (1998)

               Adopted by the Security Council at its 3891st meeting,
                                   on 12 June 1998


     The Security Council,

     Reaffirming its resolution 696 (1991) of 30 May 1991 and all subsequent
relevant resolutions, in particular resolution 1127 (1997) of 28 August 1997,

     Reaffirming its firm commitment to preserve the unity, sovereignty and
territorial integrity of Angola,

     Expressing its grave concern at the critical situation in the peace
process, which is the result of the failure by the União Nacional para a
Independência Total de Angola (UNITA) to implement its obligations under the
"Acordos de Paz" (S/22609, annex), the Lusaka Protocol (S/1994/1441, annex),
relevant Security Council resolutions and the plan for the completion by
31 May 1998 of the remaining tasks of the Lusaka Protocol, which was submitted
by the Special Representative of the Secretary-General to the Joint Commission
on 15 May 1998,

     Recalling the statement of its President of 22 May 1998 (S/PRST/1998/14),

     Recognizing the steps taken by the Government of Unity and National
Reconciliation (GURN) to fulfil its obligations under the above-mentioned plan
to cease the dissemination of hostile propaganda on State-controlled media and
to reduce cases of abuse by the Angolan National Police,

     Taking note of the statement of 2 June 1998 issued by the United Nations
Observer Mission in Angola (MONUA) regarding the continued existence of
non-demobilized UNITA forces (S/1998/503, annex),

                                         A

     1.   Condemns UNITA, and holds its leadership responsible, for its failure
to implement fully its obligations contained in the Lusaka Protocol, relevant
Security Council resolutions, in particular resolution 1127 (1997), and the plan


98-16652 (E)                                                                  /...

S/RES/1173 (1998)
Page 2



submitted by the Special Representative of the Secretary-General to the Joint
Commission;

     2.   Demands that UNITA fully cooperate without conditions in the immediate
extension of State administration throughout the national territory, including
in particular in Andulo, Bailundo, Mungo and Nharea, and stop any attempts to
reverse this process;

     3.   Reiterates its demand that UNITA complete its demilitarization and
stop any attempts to restore its military capabilities;

     4.   Demands also that UNITA cooperate fully with MONUA in the verification
of its demilitarization;

     5.   Demands further that UNITA stop any attacks by its members on the
personnel of MONUA, international personnel, the authorities of the GURN,
including the police, and the civilian population;

     6.   Urges the GURN to continue to refrain from any action, including the
excessive use of force, which might undermine the process of normalization of
State administration, encourages the GURN to make use of UNITA personnel, as
appropriate and in accordance with the provisions of the Lusaka Protocol, in
areas to which State administration is extended, and encourages also the GURN to
continue to give priority to peaceful actions that contribute to the successful
conclusion of the peace process;

     7.   Also calls upon the GURN and in particular UNITA to avoid taking any
action which might lead to renewed hostilities or undermine the peace process;

     8.   Stresses the importance of strengthening the rule of law, including
the full protection of all Angolan citizens throughout the national territory;

     9.   Calls upon the GURN and in particular UNITA to guarantee
unconditionally the safety, security and freedom of movement of all United
Nations and international personnel;

     10. Requests the Secretary-General to redeploy MONUA personnel immediately
and as appropriate to support and facilitate the extension of State
administration throughout the national territory, including in particular in
Andulo, Bailundo, Mungo and Nharea, and calls upon UNITA to cooperate fully in
this regard;

                                       B

     Recalling paragraph 9 of resolution 1127 (1997),

     Determining that the current situation in Angola constitutes a threat to
international peace and security in the region,

     Acting under Chapter VII of the Charter of the United Nations,

     11. Decides that all States, except Angola, in which there are funds and
financial resources, including any funds derived or generated from property of

                                                                               /...

                                                                S/RES/1173 (1998)
                                                                Page 3



UNITA as an organization or of senior officials of UNITA or adult members of
their immediate families designated pursuant to paragraph 11 of resolution
1127 (1997), shall require all persons and entities within their own territories
holding such funds and financial resources to freeze them and ensure that they
are not made available directly or indirectly to or for the benefit of UNITA as
an organization or of senior officials of UNITA or adult members of their
immediate families designated pursuant to paragraph 11 of resolution
1127 (1997);

     12.   Decides also that all States shall take the necessary measures:

     (a) to prevent all official contacts with the UNITA leadership in areas of
Angola to which State administration has not been extended, except for those by
representatives of the GURN, of the United Nations and of the Observer States to
the Lusaka Protocol;

     (b) to prohibit the direct or indirect import from Angola to their
territory of all diamonds that are not controlled through the Certificate of
Origin regime of the GURN;

     (c) to prohibit, upon notification by the Chairman of the Committee
created pursuant to resolution 864 (1993) to all Member States of guidelines
approved by that Committee, the sale or supply to persons or entities in areas
of Angola to which State administration has not been extended, by their
nationals or from their territory, or using their flag vessels or aircraft, of
equipment used in mining or mining services;

     (d) to prohibit, upon notification by the Chairman of the Committee
created pursuant to resolution 864 (1993) to all Member States of guidelines
approved by that Committee, the sale or supply to persons or entities in areas
of Angola to which State administration has not been extended, by their
nationals or from their territory, or using their flag vessels or aircraft, of
motorized vehicles or watercraft or spare parts for such vehicles, or ground or
waterborne transportation services;

     13. Decides further that the Committee created pursuant to resolution
864 (1993) may authorize, on a case-by-case basis, upon a no-objection
procedure, exemptions to the measures specified in paragraphs 11 and 12 above
for verified medical and humanitarian purposes;

     14. Decides that the measures specified in paragraphs 11 and 12 above
shall come into force without further notice at 00.01 Eastern Daylight Time on
25 June 1998, unless the Security Council decides, on the basis of a report by
the Secretary-General, that UNITA has fully complied by 23 June 1998 with all
its obligations under paragraph 2 of this resolution;

     15. Expresses its readiness to review the measures specified in
paragraphs 11 and 12 above and in paragraph 4 of resolution 1127 (1997) and
terminate them, if the Secretary-General reports at any time that UNITA has
fully complied with all its relevant obligations;

     16. Expresses also its readiness to consider the imposition of further
additional measures if UNITA does not fully comply with its obligations under

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S/RES/1173 (1998)
Page 4



the "Acordos de Paz", the Lusaka Protocol and relevant Security Council
resolutions;

     17. Calls upon all States and all international and regional organizations
to act strictly in accordance with the provisions of this resolution
notwithstanding the existence of any rights or obligations conferred or imposed
by any international agreement or any contract entered into or any licence or
permit granted prior to the date of adoption of this resolution;

     18. Also calls upon all States to implement strictly the measures imposed
in paragraphs 19, 20, and 21 of resolution 864 (1993) and paragraph 4 of
resolution 1127 (1997), as well as to comply with paragraph 6 of resolution
1127 (1997);

                                        C

     19. Requests the GURN to designate, and to notify to the Committee created
pursuant to resolution 864 (1993), the areas of Angola to which State
administration has not been extended;

     20.   Requests the Committee created pursuant to resolution 864 (1993):

     (a) to draw up guidelines expeditiously for the implementation of
paragraphs 11 and 12 above and to consider ways and means for further
strengthening the effectiveness of the measures adopted by the Council in its
previous resolutions;

     (b) to report to the Council by 31 July 1998 regarding the actions taken
by States to implement the measures specified in paragraphs 11 and 12 above;

     21. Requests Member States to provide to the Committee created pursuant to
resolution 864 (1993), no later than 15 July 1998, information on the measures
they have adopted to implement the provisions of paragraphs 11 and 12 above;

     22. Requests also Member States having information about any violations of
the provisions of this resolution to provide this information to the Committee
created pursuant to resolution 864 (1993) for distribution to Member States;

     23.   Decides to remain actively seized of the matter.


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