United Nations Security Council Resolution 2037 – Timor-Leste

Resolution 2037 (2012)

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), 1912 (2010) and 1969 (2011),

Welcoming the report of the Secretary-General of 18 January 2012 (S/2012/43),

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,

Stressing the importance for Timor-Leste’s long-term stability of ensuring a peaceful, credible and transparent electoral process in 2012, and encouraged by the steady progress made in the preparation of the presidential and parliamentary elections, notably by political leaders’ commitment to peace and stability during the electoral process, and by the ongoing efforts by the electoral management bodies to increase women and youth participation in the electoral process,

Noting with appreciation the work of the High-Level Committee on Transition, welcoming the Joint Transition Plan of 19 September 2011 signed between the Government of Timor-Leste and UNMIT, and looking forward to its effective implementation,

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 and the Government’s efforts to address these challenges, 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,

Encouraging further progress in finalizing 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,

Welcoming the further 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,

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, welcoming the approval of the Law on Preventing and Combating Money Laundering and Financing of Terrorism 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, and encouraging in this regard implementation of the law establishing the Audit Chamber of the High Administrative, Tax and Audit Court,

Welcoming the full resumption of primary policing responsibilities by the Polícia Nacional de Timor-Leste (PNTL), the ongoing implementation of the PNTL-UNMIT Police Joint Development Plan and the continued focus by the PNTL on operational capacity, with technical advice from UNMIT police, in preparation of the coming electoral process and final certification of the PNTL’s reconstitution, and noting the continuing need for support to the PNTL’s further institutional development and capacity-building,

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 enhancement of the capability of the Falintil-Forças de Defesa de Timor-Leste (F-FDTL), including the deployment of personnel in United Nations peacekeeping Missions such as UNIFIL and UNMISS,

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,

Further welcoming the adoption by the Government of Timor-Leste of the National Strategic Development Plan covering the period from 2011 to 2030,

Recalling that, while Timor-Leste has progressed 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 and needs continued assistance of bilateral and multilateral partners in order to fully realize its potential for equitable and inclusive sustainable growth,

Acknowledging the contribution that Timor-Leste has made in demonstrating the critical importance of institution-building and aid effectiveness in post conflict peacebuilding, including through its work in the g7+,

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 Law Against Domestic Violence, and the work of the PNTL Vulnerable Persons Units, as well as the Government’s commitment to women’s participation in the political sphere in the upcoming elections and other measures relating to the situation of women and girls,

Welcoming the positive engagement and constructive response by the Government of Timor-Leste following the review of its National Report through the Human Rights Council’s Universal Periodic Review mechanism,

Recognizing the important contribution of UNMIT 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 31 December 2012 at the current authorized levels and endorses the plan of its phased drawdown, in accordance with the wishes of the Government of Timor-Leste, conditions on the ground and following the successful completion of the 2012 electoral process, as recommended in paragraph 65 of the report of the Secretary-General (S/2012/43) and as reflected in the Joint Transition Plan;

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 in promoting a culture of democratic governance, through an inclusive and collaborative processes;

3. Requests UNMIT to continue to extend the necessary support, within its current mandate, for the preparation and implementation of the presidential and parliamentary elections, as requested by the Government of Timor-Leste, and calls upon the international community to provide assistance in this process including through sending election observers and volunteers as requested by the Government of Timor-Leste;

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 F-FDTL and the PNTL, to strengthen legal frameworks, and to enhance civilian oversight and accountability mechanisms of both security institutions, supports the efforts of the SRSG to promote Security Sector professionalization 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, and notes the Government’s efforts towards resolving the outstanding disciplinary and criminal charges faced by PNTL officers;

6. Encourages efforts towards the full reconstitution of the PNTL pursuant to the exchange of letters between the Government of Timor-Leste and UNMIT, including through jointly agreed measures to enhance PNTL institutional capacity;

7. Requests UNMIT to provide operational support to the PNTL, in particular for the electoral process, within its current mandate, as mutually agreed between the Government of Timor-Leste and UNMIT;

8. Requests UNMIT to support the further institutional development and capacity-building of the PNTL pursuant to the PNTL-UNMIT Police Joint Development Plan, appeals to all countries concerned to approve requests for the extension of deployment of police officers serving in key UNMIT positions, and emphasizes the significant role to be played in this by other bilateral and multilateral partners and the importance of promoting Timorese leadership;

9. 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;

10. 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;

11. 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;

12. 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;

13. 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;

14. Recognizes the importance of the development plans devised by the Government of Timor-Leste, particularly the National Strategic Development Plan, especially the attention paid to infrastructure, rural development and human resources capacity development, and in this regard, welcomes the Dili Development Pact agreed between the Government of Timor-Leste and the donor community in July 2011 and 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;

15. Encourages further efforts towards the effective implementation, of the Joint Transition Plan, including through engagement between UNMIT, the Government of Timor-Leste and bilateral and multilateral partners regarding the transfer of functions currently provided by UNMIT which will be needed after the Mission’s withdrawal;

16. Encourages the Government of Timor-Leste to continue to strengthen peacebuilding perspectives in such areas as employment and empowerment, especially focusing on rural areas, women 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. 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;

20. 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, within 60 days after the formation of the new Government and at the latest 15 October 2012, a report assessing the security and political situation, and providing recommendations on the completion of UNMIT’s Mission and the transfer of responsibilities in order to enable the Government of Timor-Leste and UNMIT to finalize preparations for UNMIT’s withdrawal consistent with the situation on the ground and on the views of the Government of Timor-Leste concerning the post-UNMIT United Nations role in Timor-Leste;

21. Encourages a timely decision by the Government of Timor-Leste on the nature, activities and scope of the United Nations role post-UNMIT in coordination with UNMIT, the United Nations Country Team and other relevant stakeholders;

22. Decides to remain seized of the matter.

Adopted by the Security Council at its 6721st meeting, on 23 February 2012.