United Nations Security Council Resolution 1909 – Letter dated 22 November 2006 from the Secretary-General addressed to the President of the Security Council (S/2006/920)

Resolution 1909 (2010)

The Security Council,

Recalling its resolutions 1879 (2009), 1864 (2009), 1825 (2008), 1796 (2008), and 1740 (2007), and the statement of its President of 5 May 2009 (S/PRST/2009/12),

Reaffirming the sovereignty, territorial integrity and political independence of Nepal and its ownership of the implementation of the Comprehensive Peace Agreement and subsequent agreements,

Recalling the signing on 21 November 2006 by the Government of Nepal and the Communist Party of Nepal (Maoist) of a Comprehensive Peace Agreement, and the stated commitment of both parties to find a permanent and sustainable peace,

Acknowledging the strong desire of the Nepalese people for peace and the restoration of democracy and the importance in this respect of the implementation of the Comprehensive Peace Agreement and subsequent agreements by the relevant parties,

Expressing its continued readiness to support the peace process in Nepal in the timely and effective implementation of the Comprehensive Peace Agreement and subsequent agreements, in particular the 25 June 2008 Agreement, as requested by the Government of Nepal,

Noting that the deadline for the promulgation of the new democratic constitution of Nepal is 28 May 2010,

Welcoming the recent formation of a high-level political mechanism to focus on the timely promulgation of the new constitution and to bring the ongoing peace process to its logical conclusion,

Echoing the Secretary-General’s call for all parties in Nepal to move forward swiftly in the implementation of the agreements reached, noting the Secretary-General’s assessment that the United Nations Mission in Nepal (UNMIN) is well placed to assist in the monitoring of the management of arms and armed personnel in accordance with the 25 June 2008 Agreement between the political parties, and recognizing UNMIN’s ability to assist the parties in this, as requested, in order to achieve a durable solution,

Welcoming the report of the Secretary-General of 8 January 2010 on UNMIN, Recalling the completion of two phases of the verification process and welcoming continuing assistance with the monitoring of the management of arms and armed personnel of both sides in accordance with resolution 1740 (2007) and in line with the provisions of the Comprehensive Peace Agreement, noting the importance of a durable long-term solution in helping to create the conditions for completion of UNMIN’s activities, noting also in this regard the need to address outstanding issues without further delay,

Welcoming the signing of an action plan on 16 December 2009 between the Government of Nepal, the Unified Communist Party of Nepal (Maoist) and the United Nations for the discharge and rehabilitation process for Maoist army personnel disqualified as minors, and calling upon all political parties to implement this process fully and expeditiously, and for continued reporting on this issue as required under resolution 1612 (2005), and 1882 (2009),

Recalling that with the successful holding of the Constituent Assembly elections, some of the elements of the mandate of UNMIN as set out in resolution 1740 (2007) have already been accomplished,

Taking note of the Government of Nepal’s letter to the Secretary-General of 9 January 2010 (S/2010/25), which recognizes UNMIN’s contribution and requests an extension of the mandate of UNMIN until 15 May 2010,

Recognizing the need to pay special attention to the needs and the role of women, children and traditionally marginalized groups in the peace process, as mentioned in the Comprehensive Peace Agreement and resolution 1325 (2000),

Recognizing the need to address impunity and to promote and protect human rights, and to strengthen the capacity of independent national human rights institutions in accordance with international principles,

Recognizing that civil society can play an important role in democratic transition and conflict prevention,

Expressing appreciation for the contribution of the Secretary-General’s representative and the efforts of her team in UNMIN, and the United Nations Country Team, including the Office of the High Commissioner for Human Rights which is monitoring human rights at the request of the Government, and stressing the need for coordination and complementarity of efforts between the mission and all the United Nations actors in the mission area, particularly in order to ensure continuity, as the mandate comes to an end,

1. Decides in line with the request from the Government of Nepal and the Secretary-General’s recommendations, to renew the mandate of UNMIN as established under resolution 1740 (2007) until 15 May 2010, taking into account the completion of some elements of the mandate, the ongoing work on the monitoring of the management of arms and armed personnel in line with the 25 June 2008 Agreement among the political parties, which will support the completion of the peace process;

2. Calls upon all parties to take full advantage of the expertise and readiness of UNMIN, within its mandate, to support the peace process to facilitate the completion of outstanding aspects of UNMIN’s mandate by 15 May 2010;

3. Decides that, working with the parties, UNMIN should make the necessary arrangements with the Government of Nepal for its withdrawal, including handing over any residual monitoring responsibilities by 15 May 2010;

4. Welcomes the recent understanding between the Government of Nepal and the Unified Communist Party of Nepal (Maoist) on having a timetabled action plan for the integration and rehabilitation of Maoist army personnel by 15 May 2010 and calls upon them to work together to ensure the completion and implementation of this plan, with the support of the Special Committee for the supervision, integration and rehabilitation of Maoist army personnel, and its Technical Committee;

5. Calls upon all political parties in Nepal to expedite the peace process, and to work together in a spirit of cooperation, consensus and compromise in order to continue the transition to a durable long-term solution to enable the country to move to a peaceful, democratic and more prosperous future;

6. Requests the parties in Nepal to take the necessary steps to promote the safety, security and freedom of movement of UNMIN and associated personnel in executing the tasks defined in the mandate;

7. Requests the Secretary-General to report to the Security Council by 1 May on the implementation of this resolution;

8. Decides to remain seized of the matter.

Adopted by the Security Council at its 6262nd meeting, on 21 January 2010.