United Nations Security Council Resolution 1237 – Angola
Resolution 1237 (1999)
The Security Council,
Reaffirming its resolution 696 (1991) of 30 May 1991 and all subsequent relevant resolutions, in particular resolutions 864 (1993) of 15 September 1993,1127 (1997) of 28 August 1997 and 1173 (1998) of 12 June 1998, as well asresolution 1229 (1999) of 26 February 1999,
Reaffirming its commitment to preserve the sovereignty and territorial integrity of Angola,
Reiterating that the primary cause of the present crisis in Angola is the refusal of the União Nacional Para a Independência Total de Angola (UNITA),under the leadership of Mr. Jonas Savimbi, to comply with its obligations under the “Acordos de Paz” (S/22609, annex), the Lusaka Protocol (S/1994/1441, annex)and relevant Security Council resolutions,
Expressing its alarm at the humanitarian effects of the present crisis onthe civilian population of Angola,
Emphasizing its strong concern at reports of the provision of militaryassistance, including mercenaries, to UNITA,
Having considered the recommendations contained in section IV of the report of the Secretary-General of 17 January 1999 (S/1999/49) concerning improving the implementation of the measures imposed against UNITA, and having endorsed the recommendations contained in the report of 12 February 1999 (S/1999/147) of the Committee established pursuant to resolution 864 (1993),
Welcoming the recommendations contained in the letter and its enclosure of 4 May 1999 (S/1999/509) of the Chairman of the Committee established pursuant toresolution 864 (1993),
A
- Stresses that lasting peace and national reconciliation in Angola canonly be achieved through a political settlement of the conflict, and in thisregard reaffirms the importance of the “Acordos de Paz” and the Lusaka Protocol;
2. Welcomes and endorses the planned visits by the Chairman of theCommittee established pursuant to resolution 864 (1993) to Angola and otherconcerned countries to discuss ways to improve the implementation of themeasures against UNITA specified in paragraph 5 below;
B
Determining that, as a result of the refusal of UNITA to comply with itsobligations under the “Acordos de Paz”, the Lusaka Protocol and relevantSecurity Council resolutions, the current situation in Angola continues toconstitute a threat to international peace and security in the region,
Emphasizing its concern at reports of violations of the measures concerning arms and related matériel, petroleum, diamonds and financial assets, imposed against UNITA, contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998),and in this context acting under Chapter VII of the Charter of the UnitedNations,
3. Deplores the deteriorating situation in Angola, which is primarily dueto the refusal of UNITA, under the leadership of Mr. Jonas Savimbi, to complywith its obligations under the “Acordos de Paz”, the Lusaka Protocol andrelevant Security Council resolutions;
4. Condemns the continued, indiscriminate attacks by UNITA against thecivilian population of Angola, particularly in the cities of Huambo, Kuito and Malange;
5. Stresses the obligation of all Member States to comply fully with themeasures imposed against UNITA contained in resolutions 864 (1993), 1127 (1997)and 1173 (1998);
6. Endorses the letter and its enclosure of 4 May 1999 of the Chairman ofthe Committee established pursuant to resolution 864 (1993) and decides toestablish the expert panels referred to therein for a period of six months withthe following mandate:
(a) To collect information and investigate reports, including through visits to the countries concerned, relating to the violation of the measures imposed against UNITA with respect to arms and related matériel, petroleum and petroleum products, diamonds and the movement of UNITA funds as specified in therelevant resolutions and information on military assistance, including mercenaries;
(b) To identify parties aiding and abetting the violations of the above-mentioned measures;
(c) To recommend measures to end such violations and to improve theimplementation of the above-mentioned measures;
7. Requests the Chairman of the Committee established pursuant toresolution 864 (1993) to submit to the Council no later than 31 July 1999 aninterim report of the expert panels regarding their progress and preliminaryfindings and recommendations and to submit to the Council within six months ofthe formation of the expert panels their final report with recommendations;
8. Calls upon all States, relevant United Nations bodies and concernedparties, as appropriate, including non-governmental organizations andenterprises, to cooperate in a full and timely manner with the expert panels tofacilitate the implementation of their mandate, including by making available tothe expert panels information relating to their mandate;
9. Calls upon the Governments of the States concerned in which the expertpanels will carry out their mandate to cooperate fully with the expert panels inthe fulfilment of their mandate, including responding positively to requestsfrom the expert panels for security, assistance, and access in pursuinginvestigations, including:
(a) Adoption by them of any measures needed for the expert panels and their personnel to carry out their functions throughout the respective territories with full freedom, independence, and security;
(b) Provision by them to the expert panels or to the Chairman of The Committee established pursuant to resolution 864 (1993) of information in their possession which the expert panels request or is otherwise needed to fulfil their mandate;
(c) Freedom of access for the expert panels and their personnel to any establishment or place they deem necessary for their work, including border points and airfields;
(d) Appropriate measures to guarantee the safety and security of the personnel of the expert panels and guarantees by them of full respect for the integrity, security and freedom of witnesses, experts and any other persons working with the expert panels in the fulfilment of their mandate;
(e) Freedom of movement for the personnel of the expert panels, includingfreedom to interview any person in private, at any time, as appropriate;
(f) The grant of relevant privileges and immunities in accordance with the General Convention on the Privileges and Immunities of the United Nations;
10. Expresses its concern at the delays in the investigations into thedowning on 26 December 1998 and 2 January 1999 of two aircraft chartered by theUnited Nations and the loss under suspicious circumstances of other commercialaircraft over UNITA-controlled areas in Angola as well as the crash on 26 June 1998 in Côte d’Ivoire of the aircraft carrying the Special Representative of the Secretary-General to Angola and other United Nations Personnel, and reiterates its call upon all concerned to cooperate fully with and to facilitate an immediate and objective international investigation ofthese incidents;
C
11. Endorses the recommendation contained in the letter and its enclosureof 4 May 1999 of the Chairman of the Committee established pursuant toresolution 864 (1993) that the expert panels be supported as an expense of theOrganization and through a United Nations Trust Fund established for thispurpose, requests the Secretary-General to take the necessary steps towards thisend, and urges States to make voluntary contributions to this Trust Fund;
12. Reiterates its call upon all concerned to cooperate with the United Nations humanitarian assistance activities on the basis of the principles of neutrality and non-discrimination, to facilitate the delivery of humanitarian assistance to all those in need throughout the territory of Angola and to guarantee unconditionally the security and freedom of movement of humanitarianpersonnel;
13. Expresses its strong support for further consultations between the Secretary-General and the Government of Angola regarding the follow-up configuration of the United Nations presence in Angola;
14. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 3999th meeting,on 7 May 1999.
