United Nations Security Council Resolution 2295 – The situation in Mali

Resolution 2295 (2016)

The Security Council,

Recalling its previous resolutions, in particular 2227 (2015) and 2100 (2013), its Presidential Statement of 6 February 2015 (S/PRST/2015/5), and its press statements, including of 12 January 2016, concerning the situation in Mali,

Reaffirming its strong commitment to the sovereignty, unity and territorial integrity of Mali, emphasizing that the Malian authorities have primary responsibility for the provision of stability and security throughout the territory of Mali, and underscoring the importance of achieving national ownership of peace-and security-related initiatives,

Reaffirming the basic principles of peacekeeping, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, and recognizing that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned, and also recalling its Presidential Statement of 25 of November 2015 (S/PRST/2015/22),

Recognizing the legitimate aspiration of all Malian citizens to enjoy lasting peace and development,

Recognizing that the Agreement on Peace and Reconciliation in Mali (“the Agreement”) signed in 2015 by the Government of Mali, the Plateforme coalition of armed groups, and the Coordination des Mouvements de l’Azawad coalition of armed groups, represents a historic opportunity to achieve lasting peace in Mali,

Considering the Agreement as balanced and comprehensive, aiming to address the political, institutional, governance, security, development and reconciliation dimensions of the crisis in Mali, respecting the sovereignty, unity and territorial integrity of the Malian State,

Underscoring that the responsibility for the full and effective implementation of the Agreement, which has to be Malian-led and Malian-owned, rests with the Government of Mali, the Plateforme and Coordination armed groups, and is crucial to contribute to lasting peace in Mali, drawing lessons from previous peace agreements,

Welcoming the positive steps taken by the Government of Mali, the Plateforme and Coordination armed groups to implement the Agreement while expressing serious concern at the continued delays in its implementation, and also welcoming the respect of the ceasefire since August 2015 as an important and concrete goodwill gesture of the Malian parties,

Welcoming the signing by the Government of Mali, the Plateforme and Coordination armed groups on 19 June 2016 of the Entente on the interim authorities and other related arrangements, as well as the decision of the President of Mali, Mr Ibrahim Boubacar Keita, on 15 June 2016 to appoint Mr. Mahamadou Diagouraga as his High Representative to on the implementation of the Agreement,

Welcoming the adoption by the Government of Mali, in January 2016, of Mali’s second National Action Plan for the implementation of the Security Council resolution 1325 (2000), and further welcoming in this regard the adoption by the Government of Mali, in December 2015, of a law requiring a 30 per cent quota for women in national institutions,

Affirming its intention to facilitate, support and follow closely the implementation of the Agreement, and commending the role played by Algeria and other members of the international mediation team to assist the Malian parties to implement the Agreement,

Welcoming the announcement by the Government of Mali on 12 April 2016 of the holding of communal elections on 25 September 2016, a constitutional referendum in November 2016, during which the establishment of a Senate would be proposed, and regional elections in the first semester of 2017, and calling forthese processes to be inclusive,

Expressing concern about the volatile security situation, especially the re cent expansion of terrorist and other criminal activities into central and southern Mali as well as the intensification of intercommunal violence in the Centre of Mali,

Noting that the slow progress in the implementation of the Agreement, particularly its defence and security provisions, as well as the delayed restructuring of the security sector, have hampered efforts to restore security in the North of Mali, and stressing the primary responsibility of the Government of Mali, the Plateforme and Coordination armed groups to accelerate the implementation of the Agreement in order to improve the security situation across Mali and to forestall attempts by terrorist groups to derail the implementation of the Agreement,

Strongly condemning the activities in Mali and in the Sahel region of terrorist organisations, including Al-Qaida in the Islamic Maghreb (AQIM), Al Mourabitoune, Ansar Eddine, and their affiliates such as the Front de Libération du Macina (FLM), which continue to operate in Mali and constitute a threat to peace and security in the region and beyond, and human rights abuses and violence against civilians, notably women and children, committed in Mali and in the region by terrorist groups,

Condemning the attacks against MINUSMA, the Malian Defence and Security Forces, EUTM Mali and the French forces, that continue to be perpetrated by terrorist groups,

Stressing that terrorism can only be defeated by a sustained and comprehensive approach involving the active participation and collaboration of all States, and regional and international organisations to impede, impair, and isolate the terrorist threat, and reaffirming that terrorism cannot and should not be associated with any religion, nationality or civilization,

Recalling the listing of MUJAO, the Organisation of Al-Qaida in the Islamic Maghreb, Ansar Eddine and its leader Iyad Ag Ghali, and Al Mourabitoune on the Al-Qaida sanctions list established by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee and reiterating its readiness, under the above-mentioned regime, to sanction further individuals, groups, undertakings and entities who are associated with Al-Qaida and other listed entities and individuals, including AQIM, Al Mourabitoune and Ansar Eddine, in accordance with the established listing criteria,

Welcoming the continued action by the French forces, at the request and in support of the Malian authorities, to deter the terrorist threat in the North of Mali,

Emphasizing that security and stability in Mali are inextricably linked to that of the Sahel and West Africa regions, as well as the situation in Libya and in the North Africa region,

Expressing its continued concern over the transnational dimension of the terrorist threat in the Sahel region, as well as the serious challenges posed by transnational organized crime in the Sahel region, including arms and drug trafficking, the smuggling of migrants, human trafficking, and its increasing links, in some cases, with terrorism, underscoring the responsibility of the countries in the region in addressing these threats and challenges, welcoming in this context the efforts of the Group of Five for the Sahel (G5), including the establishment of a framework to strengthen regional security cooperation as well as to conduct cross-border joint military operations, and the African Union Nouakchott process, also welcoming the decision of the defence ministers of the States of the Sahel and Sahara on 24-25 March 2016 to intensify their regional cooperation to combat terrorism and to establish a new counterterrorist centre with its headquarters in Cairo, Egypt, and welcoming the efforts of the French forces to support G5 Member States to increase regional counter-terrorism cooperation,

Strongly condemning the incidents of kidnapping and hostage-taking with the aim of raising funds or gaining political concessions, reiterating its determination to prevent kidnapping and hostage-taking in the Sahel region, in accordance with applicable international law, recalling its resolutions 2133 (2014) and 2253 (2015) and including its call upon all Member States to prevent terrorists from benefitting directly or indirectly from the payment of ransoms or from political concessions and to secure the safe release of hostages and, in this regard, and noting the publication of the Global Counterterrorism Forum’s (GCTF) “Algiers Memorandum on Good Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists”,

Strongly condemning all abuses and violations of human rights and violations of international humanitarian law, including those involving extrajudicial and summary executions, arbitrary arrests and detentions and ill-treatment of prisoners, sexual and gender-based violence, as well as killing, maiming, recruitment and use of children, attacks against schools and hospitals, calling on all parties to respect the civilian character of schools as such in accordance with international humanitarian law and to cease unlawful and arbitrary detention of all children, and calling upon all parties to bring an end to such violations and abuses and to comply with their obligations under applicable international law,

Reiterating, in this regard, that all perpetrators of such acts must be held accountable and that some of such acts referred to in the paragraph above may amount to crimes under the Rome Statute, taking note that, acting upon the referral of the transitional authorities of Mali dated 13 July 2012, the Prosecutor of the International Criminal Court (ICC) opened, on 16 January 2013, an investigation into alleged crimes committed on the territory of Mali since January 2012, and, in this regard, further taking note of the opening by the ICC on 1 March 2016 of the confirmation of charges hearing in the first trial at the ICC for the alle ged war crime of intentionally directing attacks against religious and historical monuments in Timbuktu, and recalling the importance of assistance and cooperation, by all parties concerned, with the Court,

Underscoring that Malian civilian control and oversight as well as further consolidation of the Malian Defence and Security Forces are important to ensure Mali’s long-term security and stability and to protect the people of Mali,

Commending the role of the European Union Training Mission (EUTM Mali) in Mali in providing training and advice for the Malian Defence and Security Forces, including contributing to the strengthening of civilian authority and respect for human rights, and of the European Union Capacity Building Mission (EUCAP Sahel Mali) in providing strategic advice and training for the Police, Gendarmerie and Garde nationale in Mali,

Emphasizing the need for all parties to uphold and respect the humanitarian principles of humanity, neutrality, impartiality and independence in order to ensure the continued provision of humanitarian assistance, the safety and protection of civilians receiving assistance and the security of humanitarian personnel operating in Mali, and stressing the importance of humanitarian assistance being delivered on the basis of need,

Remaining seriously concerned over the significant ongoing food and humanitarian crisis in Mali, and over the insecurity which hinders humanitarian access, exacerbated by the presence of armed groups, terrorist and criminal networks, and their activities, the presence of landmines as well as the continued illicit proliferation of weapons from within and outside the region that threatens the peace, security, and stability of States in this region, and condemning attacks against humanitarian personnel,

Expressing its strong support for the Special Representative of the Secretary-General for Mali, and for the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) to assist the Malian authorities and the Malian people in their efforts to bring lasting peace and stability to their country, bearing in mind the primary responsibility of the Malian authorities to protect the population, and welcoming the stabilizing effect of the international presence in Mali, including MINUSMA,

Commending troop and police contributing countries of MINUSMA for their contribution, paying tribute to the peacekeepers who risk, as well as lost, their lives in this respect, strongly condemning attacks against peacekeepers, and underlining that attacks targeting peacekeepers may constitute war crimes under international law,

Expressing serious concern at the continuing lack of key capabilities for MINUSMA, stressing the need to strengthen MINUSMA’s capabilities to enable it to fulfil its mandate in a complex security environment that includes asymmetric threats, and emphasizing the utmost importance of ensuring the security and safety of MINUSMA’s personnel in that regard,

Emphasizing the importance for MINUSMA to ensure the most effective use and disposition of its troops and capabilities in accordance with the prioritization of tasks of its mandate,

Determining that the situation in Mali continues to constitute a threat to international peace and security,

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

Adopted by the Security Council at its 7727th meeting, on 29 June 2016.