United Nations Security Council Resolution 1591 – Sudan

Resolution 1591 (2005)

The Security Council,

Recalling its resolutions 1547 (2004) of 11 June 2004, 1556 (2004) of 30 July2004, 1564 (2004) of 18 September 2004, 1574 (2004) of 19 November 2004, 1585(2005) of 10 March 2005, 1588 (2005) of 17 March 2005, and 1590 of 24 March2005, and statements of its President concerning Sudan,

Reaffirming its commitment to the sovereignty, unity, independence and territorial integrity of Sudan, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation,

Recalling the commitments made by the parties in the 8 April N’djamena Ceasefire Agreement and the 9 November 2004 Abuja Humanitarian and Security Protocols between the Government of Sudan, the Sudan Liberation Movement/Army(SLM/A) and the Justice and Equality Movement (JEM), and recalling the commitments made in the Joint Communique of 3 July 2004 between the Government of Sudan and the Secretary-General,

Welcoming the signing of the Comprehensive Peace Agreement between the Government of Sudan (GOS) and the Sudan People’s Liberation Movement/Army(SPLM/A) in Nairobi, Kenya on 9 January 2005,

Recognizing that the parties to the Comprehensive Peace Agreement must build on the Agreement to bring peace and stability to the entire country, and calling on all Sudanese parties, in particular those party to the Comprehensive Peace Agreement, to take immediate steps to achieve a peaceful settlement to the conflict in Darfur and to take all necessary action to prevent further violations of human rights and international humanitarian law and to put an end to impunity, including in the Darfur region,

Expressing its utmost concern over the dire consequences of the prolonged conflict for the civilian population in the Darfur region as well as throughout Sudan,in particular the increase in the number of refugees and internally displaced persons,

Considering that the voluntary and sustainable return of refugees and internally displaced persons will be a critical factor for the consolidation of thepeace process,

Expressing also its deep concern for the security of humanitarian workers andtheir access to populations in need, including refugees, internally displaced personsand other war-affected populations,

Condemning the continued violations of the N’djamena Ceasefire Agreementof 8 April 2004 and the Abuja Protocols of 9 November 2004 by all sides in Darfurand the deterioration of the security situation and negative impact this has had on humanitarian assistance efforts,

Strongly condemning all violations of human rights and international humanitarian law in the Darfur region, in particular the continuation of violence against civilians and sexual violence against women and girls since the adoption of resolution 1574 (2004), urging all parties to take necessary steps to prevent further violations, and expressing its determination to ensure that those responsible for all such violations are identified and brought to justice without delay,

Recognizing that international support for implementation of the Comprehensive Peace Agreement is critically important to its success, emphasizing that progress towards resolution of the conflict in Darfur would create conditions conducive for delivery of such assistance, and alarmed that the violence in Darfur nonetheless continues,

Recalling the demands, in resolutions 1556 (2004), 1564 (2004), and1574 (2004), that all parties to the conflict in Darfur refrain from any violence against civilians and cooperate fully with the African Union Mission in Darfur,

Welcoming the 16 February 2005 N’djamena Summit on Darfur and thecontinued commitment of the African Union to play a key role in facilitating aresolution to the conflict in Darfur in all respects, and the announcement by the Government of Sudan on 16 February 2005 that it would take immediate steps,including withdrawal of its forces from Labado, Qarifa, and Marla in Darfur, and thewithdrawal of its Antonov aircraft from Darfur,

Commending the efforts of the African Union, in particular its Chairman,acknowledging the progress made by the African Union in the deployment of an international protection force, police, and military observers, and calling on allmember states to contribute generously and urgently to the African Union Missionin Darfur,

Reaffirming its resolutions 1325 (2000) on women, peace, and security,1379 (2001) and 1460 (2003) on children in armed conflicts, as well as resolutions1265 (1999) and 1296 (2000) on the protection of civilians in armed conflicts and resolution 1502 (2003) on the protection of humanitarian and UN personnel,

Taking note of the Secretary-General’s reports of 31 January 2005 (S/2005/57and Add.1), 3 December 2004 (S/2004/947), 4 February 2005 (S/2005/68), and 4 March 2005 (S/2005/140), as well as the report of 25 January 2005 of the International Commission of Inquiry (S/2005/60),

Determining that the situation in Sudan continues to constitute a threat tointernational peace and security,

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

1. Deplores strongly that the Government of Sudan and rebel forces and allother armed groups in Darfur have failed to comply fully with their commitments and the demands of the Council referred to in resolutions 1556 (2004), 1564 (2004),and 1574 (2004), condemns the continued violations of the 8 April 2004 N’djamenaCeasefire Agreement and the 9 November 2004 Abuja Protocols, including airstrikes by the Government of Sudan in December 2004 and January 2005 and rebelattacks on Darfur villages in January 2005, and the failure of the Government ofSudan to disarm Janjaweed militiamen and apprehend and bring to justiceJanajaweed leaders and their associates who have carried out human rights andinternational humanitarian law violations and other atrocities, and demands that allparties take immediate steps to fulfil all their commitments to respect the N’djamena Ceasefire Agreement and the Abuja Protocols, including notification of forcepositions, to facilitate humanitarian assistance, and to cooperate fully with theAfrican Union Mission;

2. Emphasizes that there can be no military solution to the conflict inDarfur, and calls upon the Government of Sudan and the rebel groups, particularly the Justice and Equality Movement and the Sudanese Liberation Movement/Army to resume the Abuja talks rapidly without preconditions and negotiate in good faith speedily reach agreement, and urges the parties to the Comprehensive Peace Agreement to play an active and constructive role in support of the Abuja talks andtake immediate steps to support a peaceful settlement to the conflict in Darfur;

3. Decides, in light of the failure of all parties to the conflict in Darfur to fulfil their commitments,(a) to establish, in accordance with rule 28 of its provisional rules ofprocedure, a Committee of the Security Council consisting of all the members of theCouncil (herein “the Committee”), to undertake to following tasks:

i. to monitor implementation of the measures referred to in subparagraphs(d) and (e) of this paragraph and paragraphs 7 and 8 of resolution 1556 (2004),and paragraph 7 below;

ii. to designate those individuals subject to the measures imposed by subparagraphs (d) and (e) of this paragraph and to consider requests for exemptions in accordance with subparagraphs (f) and (g);

iii. to establish such guidelines as may be necessary to facilitate the implementation of the measures imposed by subparagraphs (d) and (e);

iv. to report at least every 90 days to the Security Council on its work;

v. to consider requests from and, as appropriate, provide prior approval to the Government of Sudan for the movement of military equipment and supplies into the Darfur region in accordance with paragraph 7 below;

vi. to assess reports from the Panel of Experts established under subparagraph (b) of this paragraph, and Member States, in particular those inthe region, on specific steps they are taking to implement the measuresimposed by subparagraphs (d) and (e) and paragraph 7 below;

vii. to encourage a dialogue between the Committee and interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures;

(b) to request the Secretary-General, in consultation with the Committee, toappoint for a period of six months, within 30 days of adoption of this resolution, a Panel of Experts comprised of four members and based in Addis Ababa, Ethiopia, totravel regularly to El-Fasher, Sudan and other locations in Sudan, and to operate under the direction of the Committee to undertake the following tasks:i. to assist the Committee in monitoring implementation of the measures insubparagraphs (d) and (e), paragraphs 7 and 8 of resolution 1556 (2004), andparagraph 7 of this resolution, and to make recommendations to the Committeeon actions the Council may want to consider;ii. to provide a mid-term briefing on its work to the Committee, and aninterim report no later than 90 days after adoption of this resolution, and afinal report no later than 30 days prior to termination of its mandate to theCouncil through the Committee with its findings and recommendations; andiii. to coordinate its activities as appropriate with ongoing operations of theAfrican Union Mission in Sudan (AMIS);

(c) that those individuals, as designated by the Committee established bysubparagraph (a) above, based on the information provided by Member States, theSecretary-General, the High Commissioner for Human Rights or the Panel ofExperts established under subparagraph (b) of this paragraph above, and otherrelevant sources, who impede the peace process, constitute a threat to stability inDarfur and the region, commit violations of international humanitarian or humanrights law or other atrocities, violate the measures implemented by Member Statesin accordance with paragraphs 7 and 8 of resolution 1556 (2004) and paragraph 7 ofthis resolution as implemented by a state, or are responsible for offensive militaryoverflights described in paragraph 6 of this resolution, shall be subject to themeasures identified in subparagraphs (d) and (e) below;

(d) that all States shall take the necessary measures to prevent entry into or transit through their territories of all persons as designated by the Committee Pursuant to subparagraph (c) above, provided that nothing in this paragraph shall obligate a State to refuse entry into its territory to its own nationals;

(e) that all States shall freeze all funds, financial assets and economic resources that are on their territories on the date of adoption of this resolution or atany time thereafter, that are owned or controlled, directly or indirectly, by thepersons designated by the Committee pursuant to subparagraph (c) above, or that areheld by entities owned or controlled, directly or indirectly, by such persons or bypersons acting on their behalf or at their direction, and decides further that all Statesshall ensure that no funds, financial assets or economic resources are made availableby their nationals or by any persons within their territories to or for the benefit ofsuch persons or entities;

(f) that the measures imposed by subparagraph (d) above shall not apply where the Committee established by subparagraph (a) above determines on a caseby case basis that such travel is justified on the ground of humanitarian need,including religious obligation, or where the Committee concludes that an exemption would otherwise further the objectives of the Council’s resolutions for the creation of peace and stability in Sudan and the region;

(g) that the measures imposed by subparagraph (e) of this resolution do notapply to funds, other financial assets and economic resources that:

i. 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 or for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant States to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within two working days of such notification;

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

iii. have been determined by relevant States to be the subject of a judicial,administrative or arbitral lien or judgment, in which case the funds, or other financial assets and economic resources may be used to satisfy that lien orjudgment provided that the lien or judgment was entered prior to the date ofthe present resolution, is not for the benefit of a person or entity designated bythe Committee, and has been notified by the relevant States to the Committee;

4. Decides that the measures referred to in subparagraphs 3 (d) and (e) shallenter into force 30 days from the date of adoption of this resolution, unless theSecurity Council determines before then that the parties to the conflict in Darfurhave complied with all the commitments and demands referred to in paragraph 1above and paragraph 6 below;

5. Expresses its readiness to consider the modification or termination of the measures under paragraph 3, on the recommendation of the Committee or at the end of a period of 12 months from the date of adoption of this resolution, or earlier if the Security Council determines before then that the parties to the conflict in Darfur have complied with all the commitments and demands referred to in paragraph 1above and paragraph 6 below;

6. Demands that the Government of Sudan, in accordance with its commitments under the 8 April 2004 N’djamena Ceasefire Agreement and the9 November 2004 Abuja Security Protocol, immediately cease conducting offensive military flights in and over the Darfur region, and invites the African UnionCeasefire Commission to share pertinent information as appropriate in this regard with the Secretary-General, the Committee, or the Panel of Experts established under paragraph 3 (b);

7. Reaffirms the measures imposed by paragraphs 7 and 8 of resolution1556 (2004), and decides that these measures shall immediately upon adoption of this resolution, also apply to all the parties to the N’djamena Ceasefire Agreement And any other belligerents in the states of North Darfur, South Darfur and West Darfur; decides that these measures shall not apply to the supplies and related technical training and assistance listed in paragraph 9 of resolution 1556 (2004); decides that these measures shall not apply with respect to assistance and supplies provided in support of implementation of the Comprehensive Peace Agreement;further decides that these measures shall not apply to movements of military equipment and supplies into the Darfur region that are approved in advance by the Committee established under paragraph 3 (a) upon a request by the Government of Sudan; and invites the African Union Ceasefire Commission to share pertinentinformation as appropriate in this regard with the Secretary-General, the Committee,or the Panel of Experts established under paragraph 3 (b);

8. Reiterates that, in the event the parties fail to fulfil their commitmentsand demands as outlined in paragraphs 1 and 6, and the situation in Darfur continuesto deteriorate, the Council will consider further measures as provided for in Article41 of the Charter of the United Nations;

9. Decides to remain seized of the matter.

Adopted by the Security Council at its 5153rd meeting, on 29 March 2005.