United Nations Security Council draft resolution S/2004/313
Date: 2004-04-21 (meeting 4947)
Agenda: The situation in Cyprus
Vetoed by: RUSSIA/USSR

United Nations
Security Council
Distr.: General
21 April 2004
Original: English
S/2004/313
United Kingdom of Great Britain and Northern Ireland and
United States of America: draft resolution
The Security Council,
Reaffirming its relevant resolutions on Cyprus,
Stressing that the adoption of this resolution is without prejudice to and
contingent upon the free decision by the Greek Cypriots and the Turkish Cypriots
whether to approve the Foundation Agreement contained in the Comprehensive
Settlement of the Cyprus Problem, hereafter referred to as the Comprehensive
Settlement,
Commending the extraordinary efforts of the Secretary-General and his Special
Adviser and his team within the framework of the Secretary-General's Good
Offices,
Emphasizing the obligation of all states to respect each other's sovereignty,
independence and territorial integrity,
Welcoming the reaffirmation of the commitment to international law and the
Principles of the UN Charter in the Treaty between Cyprus, Greece, Turkey and the
United Kingdom on matters related to the new state of affairs in Cyprus, which
forms part of the Comprehensive Settlement,
Noting that, if the Comprehensive Settlement is approved, its implementation
and the observance by the parties of the provisions and timetables of the
Comprehensive Settlement, in particular those relating to security, will be of vital
importance,
Recalling its primary responsibility for international peace and security and
affirming its willingness, in the case of any violation of the Comprehensive
Settlement reported to it, including by the Monitoring Committee, to consider the
situation,
Having considered the report of the Secretary-General of 16 April 2004
(S/2004/302),
Taking note of the request to the Security Council to take certain decisions to
enter into force simultaneously with the Foundation Agreement; and conscious that
these decisions will be a crucial part of the overall framework of the Comprehensive
Settlement, if it is approved,
04-31782 (Ε) 210404
* 0 431782*


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S/2004/313
2
Taking note of the Secretary-General's recommendation for a strengthened
United Nations operation to provide inter alia monitoring, verification and
supervision of the implementation of the Foundation Agreement,
Noting that in the history of Cyprus the presence in and flow to Cyprus of arms
has served to fuel conflict in Cyprus and instability in the region, and that the
prohibition of the supply of arms to Cyprus will be an important factor in ensuring
the effective implementation of the Comprehensive Settlement, including its
provisions on demilitarization, and in eliminating further threats to peace and
security in the region,
1. Decides that the provisions set out in the annex to this resolution shall
take effect only upon notification by the Secretary-General to the President of the
Security Council that the Foundation Agreement has entered into force, following
the free decision by the Greek Cypriots and Turkish Cypriots;
2.
Decides to remain actively seized of the matter.
Annex
The Security Council,
Part A
1.
Decides to terminate the mandate of the United Nations Peacekeeping
Force in Cyprus (UNFICYP);
2.
Decides nonetheless to maintain a United Nations operation in Cyprus
which shall be known as the United Nations Settlement Implementation Mission in
Cyprus (UNSIMIC);
3. Decides also that UNSIMIC shall remain until the Security Council
decides otherwise, based on a request from the federal government of the United
Cyprus Republic, with the concurrence of both constituent states;
4.
Authorizes UNSIMIC, in accordance with Appendix E of the
Comprehensive Settlement, to deploy and operate freely throughout Cyprus with a
mandate to monitor the implementation of the Foundation Agreement and use its
best efforts to promote compliance with it and contribute to the maintenance of a
secure environment; and in particular:
(a) to monitor political developments related to implementation and provide
advice and good offices as required;
(b) to monitor and verify compliance with the security provisions in the
Foundation Agreement, including:
(i) the dissolution of all Greek Cypriot and Turkish Cypriot forces, including
reserve units, and the removal of their arms from the island;
(ii) the adjustment of Greek and Turkish forces and armaments to agreed
equal levels;


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(c) to monitor and verify compliance with the provisions of the Foundation
Agreement pertaining to the federal and constituent state police;
(d) to use its best efforts to ensure the fair and equal treatment under the law
of persons from one constituent state by the authorities of the other;
(e) to supervise the activities relating to the transfer of areas subject to
territorial adjustment, including through assumption of territorial responsibility for
agreed areas and time periods prior to transfer, without prejudice to local
administration of the population;
(f) to chair and provide administrative support to, the Monitoring Committee
to be established under the Treaty between Cyprus, Greece, Turkey and the United
Kingdom on matters related to the new state of affairs in Cyprus;
(g) to implement its mandate through, for example, conducting patrols and
establishing positions and roadblocks, as well as receiving complaints, making
inquiries, presenting facts, giving formal advice and making representations to the
authorities;
5. Affirms that UNSIMIC will be given, in a timely manner, the resources
necessary to fulfil the above mandate and will therefore be configured in principle
on the basis of the recommendations in the Secretary-General's report, subject to a
decision by the Security Council;
6. Calls upon all parties represented in the Monitoring Committee related to
in annex E to cooperate fully in the deployment and operations of UNSIMIC,
including through ensuring the safety, security, and freedom of movement of United
Nations personnel, together with the associated personnel, throughout Cyprus;
7.
Calls also upon the Government of the United Cyprus Republic to
conclude a Status-of-the-Mission agreement with the Secretary-General within 30
days of the adoption of this resolution and notes that pending the conclusion of such
an agreement the terms of the model agreement dated 9 October 1990 (A/45/594)
shall apply provisionally;
Part B
Acting under Chapter VII,
8. Decides that all States shall take the necessary measures to prevent the
direct or indirect sale, supply or transfer, or the promotion of such sale, supply or
transfer to Cyprus, by their nationals or from their territories or using their flag
vessels or aircraft, of arms and any related materiel, and the provision of any
technical assistance, advice or training, financing or financial assistance, related to
military activities to Cyprus;
9. Decides also that the measures imposed by paragraph 8 above shall not
apply to:
(i) supplies to UNSIMIC;
1 Observation: The United Nations operation would not assume direct responsibility for the
enforcement of law and order.
S/2004/313
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S/2004/313
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(ii) supplies required by the United Cyprus Republic for federal and
constituent state police activities;
(iii) supplies for those forces stationed in Cyprus in accordance with
international treaties to which the United Cyprus Republic is a party;
(iv) supplies of non-lethal military equipment, including flak jackets, military
helmets and armoured vehicles, intended solely for humanitarian or protective
use, and related technical assistance and training, by UN personnel,
representatives of the media, and humanitarian and development workers and
associated personnel for their personal use only;
10. Decides further to establish, in accordance with rule 28 of its provisional
rules of procedure, a Committee of the Security Council consisting of all the
members of the Council, to undertake the following tasks and to report on all
aspects of its work to the Council with its observations and recommendations;
(a) to seek from all States further information regarding the action taken by
them with a view to implementing effectively the measures imposed by paragraph 8
above, and thereafter to request from them whatever further information it may
consider necessary;
(b) to consider information brought to its attention by States or by the
Monitoring Committee concerning violations of the measures imposed by paragraph
8 above and to recommend appropriate measures in response thereto;
(c) to make periodic reports to the Security Council on information
submitted to it regarding alleged violations of the measures imposed by paragraph 8
above, identifying where possible persons or entities, including vessels and aircraft,
reported to be engaged in such violations;
(d) to promulgate such guidelines as may be necessary to facilitate the
implementation of the measures imposed by paragraph 8 above;
11. Calls upon all States and all international and regional organizations to
act strictly in conformity with this resolution, notwithstanding the existence of any
rights granted or obligations conferred or imposed by any international agreement
(other than relating to the supplies referred to in paragraph 9 (iii) above) or of any
contract entered into or any licence or permit granted prior to the entry into force of
the measures imposed by paragraph 8 above;
12. Requests the Secretary-General to provide all necessary assistance to the
Committee established by paragraph 10 above and to make the necessary
arrangements in the Secretariat for this purpose;
13. Requests the Committee established by paragraph 10 above to make
information it considers relevant publicly available through appropriate media,
including through the use of information technology;
14. Decides that the measures imposed by paragraph 8 above shall remain in
place until the Security Council decides otherwise based on, inter alia, a request
from the federal government of the United Cyprus Republic, with the concurrence of
both constituent states, and confirmation from the Secretary-General that the
continued application of the arms embargo is no longer necessary for the
maintenance of international peace and security;


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Part C
15. Calls upon the international donor community to provide relevant
assistance for the implementation of the Comprehensive Settlement;
16. Requests the Secretary-General to report regularly on the progress in the
implementation of the Comprehensive Settlement and this resolution, including the
implementation of UNSIMIC's mandate, and on the implementation of the measures
imposed by paragraph 8 above;
17. Calls upon all parties concerned to implement faithfully and fully all
aspects of the Comprehensive Settlement within the time frames prescribed therein.
S/2004/313
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Voting result: 14 yes, 1 no, 0 abstentions
Votes by member:
country: Algeria
vote: Y
country: Angola
vote: Y
country: Benin
vote: Y
country: Brazil
vote: Y
country: Chile
vote: Y
country: China
vote: Y
country: France
vote: Y
country: Germany
vote: Y
country: Pakistan
vote: Y
country: Philippines
vote: Y
country: Romania
vote: Y
country: Spain
vote: Y
country: United Kingdom of Great Britain and Northern Ireland
vote: Y
country: United States of America
vote: Y
country: Russian Federation
vote: N