United Nations Security Council Resolution 2103 – Guinea-Bissau

Resolution 2103 (2013)

The Security Council,

Recalling its previous resolutions, statements of its President and press statements on the situation in Guinea-Bissau, in particular resolutions 1876 (2009), 2030 (2011), 2048 (2012) and 2092 (2013),

Taking note of the report of the Secretary-General on Guinea-Bissau, dated 6 May 2013 (S/2013/262) and the recommendations contained therein, and welcoming the activities undertaken by the United Nations Integrated Peacebuilding Office in Guinea-Bissau (UNIOGBIS), despite the political and security challenges in the field,

Remaining seriously concerned about the situation in Guinea-Bissau since the military coup of 12 April 2012 and by the fact that despite the progress made due to the continuing efforts of UNIOGBIS and subregional, regional and international partners to help resolve the crisis, constitutional order has still not been restored in Guinea-Bissau,

Stressing that the consolidation of peace and stability in Guinea-Bissau can only result from a consensual, inclusive and nationally owned transition process, the restoration of and respect for constitutional order, the reforms in the defence, security and justice sectors, the promotion of the rule of law, the protection of human rights, the promotion of socioeconomic development and the fight against impunity and drug trafficking,

Taking note of the recent important political developments in Guinea-Bissau and of the intention of key stakeholders to revise the transitional political pact including setting technically feasible deadlines for the holding of free, fair and transparent presidential and legislative elections in line with national legislation and relevant international standards; taking note also of the signing of the “Agreement of Principles for the return to constitutional normalcy” on 30 April 2013, by all political parties, military, civil society groups and religious leaders by which they decided to extend the transition period until 31 December 2013, with elections to be held in November 2013; to form an all-inclusive transitional Government; and to elect the President of the National Electoral Commission upon receipt of a proposal from the Supreme Court’s Council of Judges,

Stressing that all stakeholders in Guinea-Bissau should work to ensure short, medium and long-term stability through clear commitment and genuine inclusive political dialogue aimed at creating conditions conducive to the restoration of and respect for constitutional order following credible elections that will be acceptable to all and conducive to finding viable and sustainable solutions to the country’s social, economic, political and military problems, which would facilitate the implementation of key reforms and the strengthening of State Institutions,

Deploring the continued lack of effective civilian control and oversight over the defence and security forces, which hampers the political process and effective functioning of State institutions, as a result of collusion between some political actors and the military leadership,

Welcoming the efforts of Economic Community of West African States (ECOWAS) to support the security sector reform (SSR) process in Guinea-Bissau namely through the activities of its Mission in Guinea-Bissau (ECOMIB),

Reiterating serious concern about reports of continuing serious violations and abuses of human rights, as well as the atmosphere of political tension in Guinea-Bissau, and condemning restrictions on freedom of expression and freedom of assembly and of the press,

Reiterating its deep concern at the reported increase in drug trafficking in Guinea-Bissau since the military coup of 12 April 2012, and at the threat it poses to stability, re-emphasizing the need to tackle the problem of drug trafficking in the countries of origin, transit and final destination through an approach of common and shared responsibility,

Underlining that any lasting solution to instability in Guinea-Bissau should include concrete actions to fight impunity and ensure that those responsible for politically-motivated assassinations and other serious crimes such as drug trafficking-related activities and breaches of constitutional order are brought to justice, including through transitional justice mechanisms,

Reiterating the importance of the continued support of the United Nations and, international, regional, subregional, and bilateral partners for the long-term security and development of Guinea-Bissau, particularly towards the restoration of constitutional order, the implementation of security and justice sectors reforms, the fight against drug trafficking, organized crime and human trafficking, as well as the creation of an enabling environment for good governance and inclusive social and economic development,

Commending the important work of the United Nations Office on Drugs and Crime (UNODC) in collaboration with the United Nations relevant entities in the fight against drug trafficking and transnational organized crime in Guinea-Bissau and the subregion, regretting the closure of the UNODC in Guinea-Bissau for lack of funding, and looking forward to the reinstatement of UNODC at the appropriate time and encouraging enhanced cooperation between UNODC and UNIOGBIS,

Stressing the urgent need to maintain in Guinea-Bissau continuous evaluation capacity and to continue to support national, subregional, regional and international institutions in charge of the fight against drug trafficking,

Stressing the need for increased coherence, coordination and efficiency among relevant partners to enhance their collective efforts toward combating drug trafficking in Guinea-Bissau, in particular through sharing of information,

Emphasizing the important role of women in prevention and resolution of conflicts and in peacebuilding, as recognized in resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1889 (2009), welcoming the Mission’s work in this regard and underlining that a gender perspective must continue to inform the implementation of relevant aspects of the mandate of UNIOGBIS,

Condemning cases of illegal and unauthorized fishing in Guinea-Bissau’s territorial waters and exclusive economic zone, which undermines prospects for the country’s economic development,

Reaffirming that Guinea-Bissau’s partners should continue to actively and closely coordinate their actions to help bring solutions to the country’s political, security and development challenges; in this regard, welcoming the efforts made by the Special Representative of the Secretary-General in Guinea-Bissau to help ensure that all international actors involved in addressing the situation in Guinea-Bissau speak with one voice; looking forward to receiving the conclusions and recommendations of the joint African Union (AU), (ECOWAS),

Community of Portuguese-speaking Language Countries (CPLP), European Union (EU) and United Nations assessment mission that was dispatched to Bissau from 16 to 21 December 2012 to assess the political and security situation in the country; taking note of the fact that all international partners have acknowledged the necessity to form an inclusive transitional government and to adopt a consensual road map with the commitment to hold elections by the end of this year,

Stressing that the complex situation in Guinea-Bissau has undermined the smooth implementation of the mandate conferred by the Council to UNIOGBIS, pursuant to resolution 2030 (2011), as well as the activities of the Peacebuilding Commission and stressing in this regard, the need to further realign the United Nations system’s state-building and peacebuilding activities and the contribution of the Peacebuilding Fund to peace consolidation in Guinea-Bissau,

Taking note of the statement made by the Chair of the Guinea-Bissau Configuration of the Peacebuilding Commission on 9 May 2013, with regard to the Peacebuilding Commission’s determination to re-engage with Guinea-Bissau in the future,

Taking note of the conclusions of the United Nations inter-agency Technical Assessment Mission contained in the report of the Secretary-General, as well as the recommendations relating to the mandate of UNIOGBIS,

Reaffirming its full commitment to the consolidation of peace and stability in Guinea-Bissau:

1. Decides to extend the mandate of UNIOGBIS for a period of 12 months beginning on 1 June 2013 until 31 May 2014, and to readjust it as recommended by the Secretary-General to perform the following tasks:

(a) Supporting an inclusive political dialogue and national reconciliation process to facilitate the return to constitutional order;

(b) Assisting in creating an environment conducive to the holding of free, fair and transparent elections;

(c) Assisting in strengthening democratic institutions and enhancing the capacity of state organs to function effectively and constitutionally;

(d) Providing strategic and technical advice and support for the establishment of effective and efficient law enforcement and criminal justice and penitentiary systems, capable of maintaining public security and combating impunity while respecting human rights and fundamental freedoms;

(e) Providing strategic and technical advice and support to national authorities and relevant stakeholders, including in coordination with ECOWAS/ECOMIB, in implementing the national security sector reform and rule of law strategies as well as developing civilian and military justice systems that are compliant with international standards;

(f) Assisting national authorities to combat drug trafficking and transnational organized crime, in close cooperation with UNODC;

(g) Undertaking human rights promotion, protection, monitoring and reporting activities;

(h) Mainstreaming a gender perspective into peacebuilding, in line with Security Council resolutions 1325 (2000) and 1820 (2008);

(i) Working with the Peacebuilding Commission in support of Guinea-Bissau’s peacebuilding priorities; and

(j) Contributing to the mobilization, harmonization and coordination of international assistance, including for the implementation of the national security sector reform and rule of law strategies, and enhancing cooperation with the AU, the ECOWAS, the CPLP, the EU and other partners in support of the restoration and maintenance of constitutional order and the stabilization of Guinea-Bissau;

2. Fully supports the Secretary-General’s recommendations related to adjustments to the integrated approach in Guinea-Bissau, the Peacebuilding Commission and Peacebuilding Fund, and of the activities of the United Nations Country Team, as outlined in his report;

3. Takes note of ongoing consultations among Guinea-Bissau’s stakeholders to resolve the current crisis and urges them to enhance their efforts towards the formation of an inclusive government, the adoption of a consensual transitional road map including for elections in 2013, and the adoption of a newly drafted “Regime pact”;

4. Underlines the importance of free, fair and transparent elections to ensure the restoration of constitutional order by the end of 2013 and requests the Secretary-General, through his Special Representative for Guinea-Bissau and UNIOGBIS and the United Nations as a whole, to provide electoral assistance to that end;

5. Reiterates its demand to the armed forces to submit themselves fully to civilian control;

6. Condemns the violations and abuses of human rights, including political and civil rights, urges the Guinea-Bissau authorities to take all necessary measures to protect human rights, put an end to impunity, initiate investigations to identify the perpetrators of such acts and bring them to justice and take action to protect witnesses in order to ensure due process; urges them to take steps to mitigate the climate of fear resulting from restrictions on freedom of expression and freedom of assembly;

7. Welcomes the joint efforts by international partners, in particular the African Union, the CPLP, ECOWAS, the European Union and the United Nations, to enhance cooperation in support of the restoration of constitutional order in Guinea-Bissau and encourages them to continue to work together towards the country’s stabilization;

8. Requests the Secretary-General to continue to work through UNIOGBIS, in coordination with other partners, including ECOWAS and CPLP, on the ongoing dialogue process among political parties, to facilitate the achievement of the objectives referred to in paragraph 3 above in view of the restoration of constitutional order;

9. Encourages the efforts in support of SSR as a crucial element for long-term stability in Guinea-Bissau and encourages coordinated action by all relevant subregional, regional, and international partners of Guinea-Bissau in this field in order to obtain expeditious and positive results;

10. Calls upon the Guinea-Bissau authorities to review, adopt and implement national legislations and mechanisms to more effectively combat transnational organized crime, in particular drug trafficking and money laundering, and in this context, to provide additional support to the Transnational Crime Unit (TCU) established under the West Africa Coast Initiative (WACI); and urges both the civilian and military leadership in Guinea-Bissau and international partners to demonstrate greater commitment to combat drug trafficking;

11. Encourages members of the international community to enhance cooperation with Guinea-Bissau, in order to enable it to ensure control of air traffic and surveillance of maritime security within its jurisdiction, in particular to fight drug trafficking and organized crime, as well as illegal fishing in Guinea-Bissau’s territorial waters and exclusive economic zone;

12. Requests the Special Representative of the Secretary-General to increase efforts to achieve greater coherence, coordination and efficiency among relevant United Nations agencies, funds and programs in Guinea-Bissau to maximize their collective effectiveness toward combating drug trafficking, in particular through provision by these agencies, funds and programs of relevant information to the Special Representative on individuals, groups, undertakings and entities associated with drug-trafficking that contribute to creating a threat to the peace, stability and security of Guinea-Bissau and the subregion;

13. Invites the Special Representative of the Secretary-General to share all relevant information with the Committee established pursuant to its resolution 2048 (2012), particularly names of individuals who meet the criteria set forth in paragraph 6 and elaborated by paragraph 7 of resolution 2048 (2012);

14. Stresses the challenges posed by the fight against drug trafficking in the search of solutions to the overall political and economic crisis in Guinea-Bissau, and requests the Secretary-General to ensure the relevant capacity within UNIOGBIS, by providing an anti-drug component, including appropriate expertise;

15. Encourages international bilateral and multilateral partners to continue their technical support to Guinea-Bissau in strengthening efforts to tackle transnational organized crime including illicit activities, such as money-laundering and drug trafficking, calls upon them to increase their support to WACI and the TCU to fight transnational organized crime and drug trafficking which threaten security and stability in Guinea-Bissau and in the subregion and further encouragesthem to contribute to support UNODC presence in Guinea-Bissau and to the UNIOGBIS Trust Fund for immediate, medium and longer-term priorities, including for elections and post-election reforms;

16. Emphasizes the importance of the organization of an international pledging conference on the recovery of Guinea-Bissau after the holding of free, fair and transparent elections;

17. Requests the Secretary-General to submit to the Council regular reports, every 180 days, on the implementation of this resolution and to continue to provide concurrent report on the implementation of resolution 2048 (2012) every 90 days restarting with the adoption of this resolution;

18. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 6968th meeting, on 22 May 2013.