United Nations Security Council Resolution 1969 – Timor-Leste

Resolution 1969 (2011)

The Security Council,

Reaffirming all its previous resolutions and statements on the situation in Timor-Leste, in particular its resolutions 1599 (2005), 1677 (2006), 1690 (2006), 1703 (2006), 1704 (2006), 1745 (2007), 1802 (2008), 1867 (2009) and 1912 (2010),

Welcoming the report of the Secretary-General of 25 January 2011 (S/2011/32),

Reaffirming its full commitment to the sovereignty, independence, territorial integrity and national unity of Timor-Leste and the promotion of long-term stability in the country,

Taking note of general stability through further improvements in the political and security situation, and welcoming the strong commitment of the leadership and other stakeholders in Timor-Leste to fostering national dialogue and peaceful and inclusive participation in democratic processes, and their ongoing efforts to promote continued peace, stability and unity,

Welcoming efforts by the Government to promote cooperation and dialogue between local and national authorities, including through consultations in December 2010 on the Government’s development plans for 2011, and encouraging further efforts in this regard,

Welcoming also the efforts of the political leadership of Timor-Leste to create opportunities for all political parties to make contributions to issues of national interest, as exemplified by the concluding conference of the National Consensus Dialogue on Truth, Justice and Reconciliation, held in October 2010,

Reaffirming the need for respect for the independence of the judiciary, stressing the need to act against impunity, while noting the continuing serious resource constraints of the judicial system, encouraging the leadership of Timor-Leste to continue to increase its efforts to establish accountability for serious criminal offences including those committed during the 2006 crisis, as recommended by the Independent Special Commission of Inquiry,

Welcoming the commencement in September 2010 of deliberations by the National Parliament of Timor-Leste on the draft laws on reparations and on the establishment of follow-on institutions to the Commission for Reception, Truth and Reconciliation and the Commission of Truth and Friendship, pursuant to the resolution of the Parliament of Timor-Leste adopted on 14 December 2009, and encouraging further progress in finalizing this legislation,

Welcoming the progress made in strengthening capacities in the justice and corrections sectors, which has resulted in enhanced access to justice, reductions in pending criminal prosecution cases, and improved prison infrastructure, as well as the enactment of important legislation, such as the Criminal Code and the Law Against Domestic Violence,

Recognizing the steps taken by the Government of Timor-Leste to further strengthen the institutional capacities and effectiveness of the Anti-Corruption Commission and the Civil Service Commission and to consolidate broad support for anti-corruption measures, and emphasizing the importance of effective laws, institutions, mechanisms and norms relating to the transparency, accountability and efficiency of Public Administration for the country’s long-term stability and development,

Welcoming the commencement of a jointly-owned transition planning and implementation mechanism, including the first meeting of the High-Level Committee on Transition and agreement on the establishment of seven joint technical working groups, and stressing the importance of this process proceeding in a manner that supports national priorities and concerns,

Welcoming the further progress towards the full resumption of primary policing responsibilities by the Polícia Nacional de Timor-Leste (PNTL),

Reaffirming the need to implement fully the “Arrangement on the Restoration and Maintenance of Public Security in Timor-Leste and Assistance to the Reform, Restructuring and Rebuilding of PNTL and the Ministry of Interior”, concluded between the Government of Timor-Leste and UNMIT on 1 December 2006, and expressing concern that the Government of Timor-Leste has certified 52 PNTL officers who face serious disciplinary and criminal charges,

Noting the continuing need for support to the PNTL’s further institutional development and capacity-building, particularly through the transfer of skills to address existing demands, following its resumption of policing responsibilities in all districts and units,

Expressing its full support for the role of the international security forces in assisting the Government of Timor-Leste and UNMIT, in the maintenance of law and stability, in response to the requests of the Government of Timor-Leste,

Welcoming the progress of the Government of Timor-Leste in achieving strong economic growth and socio-economic development, including reductions in the percentage of the population living in poverty and the improvement of human development indicators, while acknowledging the challenges that remain in achieving inclusive and sustainable growth, particularly through the promotion of rural development, the private sector, and employment generation, especially for the youth, and by regulating land and property titles and ownership,

Welcoming also the commitment and action of the Government of Timor-Leste to promote the objectives of Security Council resolution 1325 (2000), including measures taken to protect women and girls from gender based violence, especially those related to the implementation of the new Law Against Domestic Violence, and the work of the PNTL Vulnerable Persons Units, and other measures relating to the situation of women and girls,

Noting the efforts by the Government of Timor-Leste to finalize the National Strategic Development Plan covering the period from 2011 to 2030, and stressingthe need to continue such efforts,

Recalling that, while Timor-Leste has seen progress in many aspects of its political, economic and social development, as well as in human resources development and institution building, the country still faces many challenges in areas related to the underlying factors of the 2006 crisis and needs continued assistance of bilateral and multilateral partners in order to fully realize its potential for equitable and sustainable growth,

Acknowledging the contribution that Timor-Leste has made in demonstrating the critical importance of institution building in post conflict peacebuilding,

Stressing the importance for Timor-Leste’s long-term stability of ensuring a peaceful, credible and transparent electoral process in 2012,

Stressing further the importance of promoting a continued understanding of, and respect for, the checks and balances among the core institutions of State,

Welcoming the continued efforts of the Timorese Government in providing for the full reintegration of the Internally Displaced Persons (IDPs) into their communities and into the Timorese society,

Recognizing the important role that UNMIT continues to play in promoting peace, stability and development in Timor-Leste, and expressing its appreciation for the efforts of UNMIT and the United Nations Country Team, under the leadership of the Special Representative of the Secretary-General (SRSG),

1. Decides to extend the mandate of UNMIT until 26 February 2012 at the current authorized levels;

2. Urges all parties in Timor-Leste, in particular political leaders, to continue to work together and engage in political dialogue and to consolidate peace, democracy, rule of law, sustainable social and economic development, promotion of protection of human rights and advancement of national reconciliation in the country, and reaffirms its full support for the continued efforts of the SRSG aimed at addressing critical political and security-related issues facing the country, including enhancing a culture of democratic governance, through an inclusive and collaborative processes;

3. Requests UNMIT to extend the necessary support, within its current mandate, for the preparation of the parliamentary and presidential elections of 2012, as requested by the Government of Timor-Leste, and in accordance with the recommendations of the planned electoral assessment mission, and encourages the international community to assist in this process;

4. Reaffirms the importance that the Government of Timor-Leste continues the review and reform of the security sector in Timor-Leste, in particular the need to delineate between the roles and responsibilities of the Falintil-Forças de Defesa de Timor-Leste (F-FDTL) and the PNTL, to strengthen legal frameworks, and to enhance civilian oversight and accountability mechanisms of both security institutions, and requests UNMIT to continue to support the Government of Timor-Leste, as requested, in its efforts in the country;

5. Emphasizes the importance of taking all measures necessary to ensure the credibility and integrity of the PNTL, including resolving any outstanding disciplinary and criminal charges faced by PNTL officers;

6. Encourages further efforts to complete the resumption of primary policing responsibilities by the PNTL in all districts and units, on the basis of the criteria mutually agreed to by the Government of Timor-Leste and UNMIT, including through jointly agreed measures to enhance PNTL institutional capacity in the remaining districts and units;

7. Endorses the reconfiguration of the UNMIT police component to take account of the changing nature of its role and function in Timor-Leste and the plan of its drawdown, in accordance with the wishes of the Government of Timor-Leste, conditions on the ground and following the successful completion of 2012 electoral process, as recommended in paragraph 61 of the report of the Secretary-General (S/2011/32);

8. Requests UNMIT to continue to provide interim law enforcement and ensure the maintenance of public security in those districts and units in which the PNTL has yet to resume primary policing responsibilities, and, following PNTL’s resumption of primary policing responsibilities, to provide operational support to the PNTL, within its current mandate, as mutually agreed between the Government of Timor-Leste and UNMIT;

9. Requests UNMIT to support the further institutional development and capacity-building of the PNTL following its resumption of primary policing responsibilities in all districts and units, including through the prompt deployment of the 19 additional civilian experts within its police component as referred to in the Secretary-General’s report, expresses support for the work of the joint PNTL and UNMIT Police working group in developing a plan for further capacity-building support for the PNTL focusing on the five major areas for its further development identified in the PNTL Strategic Development Plan for 2011-12, and emphasizes the significant role to be played in this by other bilateral and multilateral partners and the importance of promoting Timorese leadership;

10. Underscores the need for the concept of operations and rules of engagement to be regularly updated as necessary and to be fully in line with the provisions of this resolution;

11. Reaffirms the importance of ongoing efforts to achieve accountability and justice, expresses its support for the work of UNMIT in assisting the Government of Timor-Leste in this regard within its mandate, as well as for the initiatives to strengthen the Office of the Provedor for Human Rights and Justice, and underlines the importance of the implementation by the Government of Timor-Leste of the recommendations of the United Nations Special Commission of Inquiry report of 2006 (S/2006/822), including paragraphs 225 through 228 of the report;

12. Underlines the importance of a coordinated approach to the justice sector reform, taking into account the recommendations of the Independent Comprehensive Needs Assessment and through implementation of the Timorese Government’s Justice Sector Strategic Plan, and the ongoing need to increase Timorese ownership and strengthen national capacity in judicial line functions, including the training and specialization of national lawyers and judges, and emphasizes the need for sustained support of the international community in capacity-building and strengthening of institutions in this sector, building on the recent positive developments, including the drafting and enactment of important legislation, such as the Criminal Code and the Law Against Domestic Violence;

13. Requests UNMIT to continue its efforts, adjusting them as necessary to enhance the effectiveness of the judiciary, in assisting the Government of Timor-Leste in carrying out the proceedings recommended by the Commission of Inquiry;

14. Calls upon UNMIT to continue to support the Government of Timor-Leste in its efforts to coordinate donor cooperation in areas of institutional capacity building;

15. Recognizes the importance of the development plans devised by the Government of Timor-Leste, especially the attention paid to infrastructure, rural development and human resources capacity development, and in this regard, calls upon UNMIT to continue to cooperate and coordinate with the United Nations agencies, funds and programmes, as well as all relevant partners, to support the Government of Timor-Leste and relevant institutions in designing poverty reduction, improving education, promotion of sustainable livelihood and economic growth policies;

16. Encourages the Government of Timor-Leste to strengthen peacebuilding perspectives in such areas as employment and empowerment, especially focusing on rural areas and youth, as well as local socio-economic development in particular in the agricultural sector;

17. Requests UNMIT to fully take into account gender considerations as set out in Security Council resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1889 (2009) as a cross-cutting issue throughout its mandate, stressing the importance of strengthening the responsiveness of the security sector to specific needs of women, and reaffirms its resolutions 1674 (2006) and 1894 (2009) on protection of civilians and 1502 (2003) on the protection of humanitarian and United Nations personnel;

18. Requests the Secretary-General to continue to take the necessary measures to ensure full compliance by UNMIT with the United Nations zero tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges those countries contributing troops and police to take appropriate preventive action and to ensure full accountability in cases of such conduct involving their personnel;

19. Requests also the Secretary-General to keep the Security Council regularly informed of the developments on the ground and to submit to the Security Council, no later than 15 October 2011 and 26 January 2012, reports that include an update regarding the High Level Committee on Transition and progress concerning the critical tasks that will need to be accomplished post-election, and on planning concerning the United Nations presence in Timor-Leste beyond 2012 elections;

20. Reaffirms the importance of the medium-term strategy and benchmarks for measuring and tracking progress in Timor-Leste, and assessing the level and form of United Nations support and cooperation with the Government of Timor-Leste while keeping the benchmarks under active review, and underlines the importance of ownership of the strategy by the leaders and people of Timor-Leste in this process;

21. Encourages the Government of Timor-Leste, UNMIT, United Nations Country Team and other relevant stakeholders, including within the framework of the High Level Committee on Transition, to continue to intensify the ongoing discussion on the strategy and modalities for the transition and preparation for future changes to the nature and scope of United Nations presence on the ground post-UNMIT;

22. Decides to remain seized of the matter.

Adopted by the Security Council at its 6487th meeting, on 24 February 2011.