United Nations Security Council Resolution 1572 – Côte d’Ivoire

Resolution 1572 (2004)

The Security Council,

Recalling its resolution 1528 (2004) of 27 February 2004, as well as the relevant statements of its President, in particular those of 6 November 2004(S/PRST/2004/42) and of 5 August 2004 (S/PRST/2004/29),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of Côte d’Ivoire, and recalling the importance of the principlesof good neighbourliness, non-interference and regional cooperation,

Recalling that it endorsed the agreement signed by the Ivoirian political forcesin Linas-Marcoussis on 24 January 2003 (S/2003/99) (the Linas-MarcoussisAgreement) approved by the Conference of Heads of States on Côte d’Ivoire, heldin Paris on 25 and 26 January 2003, and the Agreement signed in Accra on 30 July2004 (Accra III Agreement),

Deploring the resumption of hostilities in Côte d’Ivoire and the repeatedviolations of the ceasefire agreement of 3 May 2003,

Deeply concerned by the humanitarian situation in Côte d’Ivoire, in particularin the northern part of the country, and by the use of the media, in particular radio and television broadcasts, to incite hatred and violence against foreigners in Côted’Ivoire,

Recalling strongly the obligations of all Ivoirian parties, the Government ofCôte d’Ivoire as well as the Forces Nouvelles, to refrain from any violence against civilians, including against foreign citizens, and to cooperate fully with the activitiesof the United Nations Operation in Côte d’Ivoire (UNOCI),

Welcoming the ongoing efforts of the Secretary-General, the African Union and the Economic Community of Western African States (ECOWAS) towards re-establishing peace and stability in Côte d’Ivoire,

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,

1. Condemns the air strikes committed by the national armed forces of Côted’Ivoire (FANCI) which constitute flagrant violations of the ceasefire agreement of3 May 2003 and demands that all Ivoirian parties to the conflict, the Government ofCôte d’Ivoire as well as Forces nouvelles, fully comply with the ceasefire;

2. Reiterates its full support for the action undertaken by UNOCI and French forces in accordance with their mandate under resolution 1528 (2004) and with the statement of its President of 6 November 2004 (S/PRST/2004/42);

3. Emphasizes again that there can be no military solution to the crisis andthat the full implementation of the Linas-Marcoussis and Accra III Agreements remains the only way to resolve the crisis persisting in the country;

4. Urges as a consequence the President of the Republic of Côte d’Ivoire,the heads of all the Ivoirian political parties and the leaders of the Forces Nouvelles immediately to begin resolutely implementing all the commitments they have madeunder these agreements;

5. Expresses its full support for the efforts of the Secretary-General, the African Union and ECOWAS and encourages them to continue these efforts in order to relaunch the peace process in Côte d’Ivoire;

6. Demands that the Ivoirian authorities stop all radio and television broadcasting inciting hatred, intolerance and violence, requests UNOCI to strengthen its monitoring role in this regard, and urges the Government of Côted’Ivoire and the Forces nouvelles to take all necessary measures to ensure thesecurity and the safety of civilian persons, including foreign nationals and theirproperty;

7. Decides that all States shall, for a period of thirteen months from the dateof adoption of this resolution, take the necessary measures to prevent the direct orindirect supply, sale or transfer to Côte d’Ivoire, from their territories or by theirnationals, or using their flag vessels or aircraft, of arms or any related materiel, inparticular military aircraft and equipment, whether or not originating in theirterritories, as well as the provision of any assistance, advice or training related tomilitary activities;

8. Decides that the measures imposed by paragraph 7 above shall not applyto:

(a) supplies and technical assistance intended solely for the support of or useby UNOCI and the French forces who support them,

(b) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training, asapproved in advance by the Committee established by paragraph 14 below,

(c) supplies of protective clothing, including flak jackets and militaryhelmets, temporarily exported to Côte d’Ivoire by United Nations personnel,representatives of the media and humanitarian and development workers andassociated personnel, for their personal use only,

(d) supplies temporarily exported to Côte d’Ivoire to the forces of a Statewhich is taking action, in accordance with international law, solely and directly tofacilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’Ivoire, as notified in advance to the Committee establishedby paragraph 14 below,

(e) supplies of arms and related materiel and technical training and assistance intended solely for support of or use in the process of restructuring defence and security forces pursuant to paragraph 3, subparagraph

9. Decides that all States shall take the necessary measures, for a period oftwelve months, to prevent the entry into or transit through their territories of allpersons designated by the Committee established by paragraph 14 below, whoconstitute a threat to the peace and national reconciliation process in Côte d’Ivoire,in particular those who block the implementation of the Linas-Marcoussis and AccraIII Agreements, any other person determined as responsible for serious violations ofhuman rights and international humanitarian law in Côte d’Ivoire on the basis ofrelevant information, any other person who incites publicly hatred and violence, andany other person determined by the Committee to be in violation of measuresimposed by paragraph 7 above, provided that nothing in this paragraph shall obligea State to refuse entry into its territory to its own nationals;

10. Decides that the measures imposed by paragraph 9 shall not apply wherethe Committee established by paragraph 14 below determines that such travel isjustified on the grounds of humanitarian need, including religious obligation, orwhere the Committee concludes that an exemption would further the objectives ofthe Council’s resolutions, for peace and national reconciliation in Côte d’Ivoire andstability in the region;

11. Decides that all States shall, for the same period of twelve months, freeze immediately the funds, other financial assets and economic resources which are on their territories at the date of adoption of this resolution or at any time thereafter,owned or controlled directly or indirectly by the persons designated pursuant toparagraph 9 above by the Committee established by paragraph 14 below, or that areheld by entities owned or controlled directly or indirectly by any persons acting on their behalf or at their direction, as designated by the Committee, and decides further that all States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by anypersons within their territories, to or for the benefit of such persons or entities;

12. Decides that the provisions of paragraph 11 do not apply to funds, otherfinancial assets and economic resources that:

(a) have been determined by relevant States to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, orexclusively for payment of reasonable professional fees and reimbursement ofincurred expenses associated with the provision of legal services, or fees or servicecharges, in accordance with national laws, for routine holding or maintenance offrozen funds, other financial assets and economic resources, after notification by the relevant States to the Committee established by paragraph 14 below of the intention to authorize, where appropriate, access to such funds, other financial assets andeconomic resources and in the absence of a negative decision by the Committee Within two working days of such notification,

(b) have been determined by relevant States to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant States to the Committee and has been approved by the Committee, or

13. Decides that the end of a period of 13 months from the date of adoption of this resolution, the Security Council shall review the measures imposedby paragraphs 7, 9 and 11 above, in the light of progress accomplished in the peaceand national reconciliation process in Côte d’Ivoire as defined by the Linas-Marcoussis and Accra III Agreements, and expresses its readiness to consider themodification or termination of these measures before the aforesaid period of 13months only if the Linas-Marcoussis and Accra III Agreements have been fully implemented;

14. Decides 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 (the Committee), to undertake the following tasks:

(a) to designate the individuals and entities subject to the measures imposed by paragraphs 9 and 11 above, and to update this list regularly,

(b) to seek from all States concerned, and particularly those in the region,information regarding the actions taken by them to implement the measures imposedby paragraphs 7, 9 and 11 above, and whatever further information it may consider useful, including by providing them with an opportunity to send representatives tomeet the Committee to discuss in more detail any relevant issues,

(c) to consider and decide upon requests for the exemptions set out inparagraphs 8, 10 and 12 above,

(d) to make relevant information publicly available through appropriatemedia, including the list of persons referred to in subparagraph (a) above,

(e) to promulgate guidelines as may be necessary to facilitate theimplementation of the measures imposed by paragraphs 11 and 12 above,

(f) to present regular reports to the Council on its work, with its observations and recommendations, in particular on ways to strengthen the effectiveness of the measures imposed by paragraphs 7, 9 and 11 above;

15. Requests all States concerned, in particular those in the region, to report to the Committee, within ninety days from the date of adoption of this resolution, on the actions they have taken to implement the measures imposed by paragraphs 7, 9and 11 above, and authorizes the Committee to request whatever further informationit may consider necessary;

16. Urges all States, relevant United Nations bodies and, as appropriate,other organizations and interested parties, to cooperate fully with the Committee, in particular by supplying any information at their disposal on possible violations of the measures imposed by paragraphs 7, 9 and 11 above;

17. Expresses its determination to consider without delay further steps to ensure the effective monitoring and implementation of the measures imposed by paragraphs 7, 9 and 11 above, in particular the establishment of a panel of experts;

18. Requests the Secretary-General to submit a report to the Council by15 March 2005, drawing on information from all relevant sources, including the Government of National Reconciliation in Côte d’Ivoire, UNOCI, ECOWAS and theAfrican Union, on progress made towards the goals described in paragraph 13above;

19. Decides that the measures imposed by paragraphs 9 and 11 above shallenter into force on 15 December 2004, unless the Security Council shall determine before then that the signatories of the Linas-Marcoussis and Accra III Agreementshave implemented all their commitments under the Accra III Agreement and areembarked towards full implementation of the Linas-Marcoussis Agreement;

20. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 5078th meeting,on 15 November 2004.