Security Council resolution 885 (1993) [on establishment of the Commission of Inquiry to investigate armed attacks on the personnel of the UN Operation in Somalia II]
Symbol: S/RES/885(1993)
Date: 1993-11-16
Status: adopted
Agenda: S/48 [69] UN OPERATION IN SOMALIA
S/48 [73] SOMALIA SITUATION
Subjects: UN. Commission of Inquiry Established under Security Council Resolution 885 (1993) to Investigate Armed Attacks on UNOSOM II Personnel|Convention on the Privileges and Immunities of the United Nations (1946)|ARMED INCIDENTS|PEACEKEEPING OPERATIONS|DETAINED PERSONS|SOMALIA|SOMALIA SITUATION|COMMISSIONS OF INQUIRY|EXPERTS|PRIVILEGES AND IMMUNITIES|CRIMINAL INVESTIGATION|MILITARY PERSONNEL|ESTABLISHMENT
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BRAZIL
vote: yes
country: CAPE VERDE
vote: yes
country: CHINA
vote: yes
country: DJIBOUTI
vote: yes
country: FRANCE
vote: yes
country: HUNGARY
vote: yes
country: JAPAN
vote: yes
country: MOROCCO
vote: yes
country: NEW ZEALAND
vote: yes
country: PAKISTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA
vote: yes

Resolution 885 (1993)
of 16 November 1993

The Security Council,

Reaffirming its resolutions 733 (1992) of 23 January 1992, 746
(1992) of 17 March 1992, 751 (1992) of 24 April 1992, 767 (1992)
of 27 July 1992, 775 1992 of 28 August 1992, 794 (1992) of 3
December 1992, 814 (1993) of 26 March 1993, 837 (1993) of 6 June
1993, 865 (1993) of 22 September 1993, and 878 (1993) of 29
October 1993,

Also reaffirming its resolution 868 1993 of 29 September 1993 on
the need to ensure the safety and protection of United Nations
personnel,

Recognizing the critical need for broad-based consultations among
all parties and consensus on basic principles to achieve national
reconciliation and the establishment of democratic institutions in
Somalia,

Stressing that the people of Somalia bear the ultimate responsibility
for achieving these objectives, and in this context noting in particular
resolution 837 (1993), in which it condemned the 5 June 1993 attack
on personnel of the United Nations Operation in Somalia II and called
for an investigation,

Noting proposals made by Member States, and noting in particular
proposals from the Organization of African Unity, including those in
document $/26627 cf 25 October 1993, in which the establishment of
an impartial commission of inquiry is recommended to investigate
armed attacks on the Operation,

Having received and considered the reports of the Secretary-General of 1 July and 24 August 1993 28 on the implementation of
resolution 837 (1993),

1. Authorizes the establishment of a Commission of Inquiry, in
further implementation of resolutions 814 (1993) and 837 (1993), to
investigate armed attacks on personnel of the United Nations Operation
in Somalia I which led to casualties among them;

2. Requests the Secretary-General, having conveyed his views to the
Security Council, to appoint the Commission at the earliest possible
time and to report to the Council on its establishment,

3. Directs the Commission to determine procedures for carrying out
its investigation, taking into account standard United Nations procedures;

4. Notes that members of the Commission will have the status of
experts on mission within the meaning of the Convention on the
Privileges and Immunities of the United Nations,”® which shall apply to
the Commission;

5. Urges the Secretary-General to provide the Commission with all
assistance necessary to facilitate its work;

6. Calls on all parties in Somalia fully to cooperate with the
Commission;

7. Requests the Commission to report its findings through the
Secretary-General to the Security Council as soon as possible, taking
into consideration the need for a thorough inquiry,

8. Requests that the Secretary-General, under his authority in
resolutions 814 (1993) and 837 (1993), pending completion of the
report of the Commission, suspend arrest actions against those
individuals who might be implicated but are not currently detained
pursuant to resolution 837 (1993), and make appropriate provision to
deal with the situation of those already detained under the provisions of
resolution 837 (1993),

9. Decides to remain seized of this matter.

Adopted unanimously at the 331 5th meeting.


28 Ibid., Supplement for July, August and September 1993,
documents S/26022 and S/26351, respectively.