United Nations Security Council Resolution 2164 – Mali

Resolution 2164 (2014)

The Security Council,

Recalling its previous resolutions, in particular 2100 (2013) and 2085 (2012), its Presidential Statements of 23 January 2014 (S/PRST/2014/2) and 12 December 2013 (S/PRST/2013/20), and its press statements of 11 June 2014, 20 May 2014 and 23 April 2014,

Reaffirming its strong commitment to the sovereignty, unity and territorial integrity of Mali,

Reaffirming the basic principles of peacekeeping, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, and recognizing that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned,

Underscoring the need to address the underlying causes of recurrent crises which have affected Mali, including governance, security, development and humanitarian challenges, drawing lessons from past peace agreements, and that any sustainable solution to the crisis in Mali should be Malian-owned, including all aspects of the political process, in particular national dialogue and reconciliation,

Welcoming the successful holding of peaceful and transparent presidential elections on 28 July and 11 August 2013 as well as legislative elections on 24 November and 15 December 2013 in Mali, which constitute a major step in the restoration of democratic governance and the full return of constitutional order in Mali, and commending the people and authorities of Mali for the manner in which they were conducted,

Welcoming the signing on 18 June 2013 of the Ouagadougou Preliminary Agreement, which, inter alia, reaffirms the sovereignty, territorial integrity, national unity and secular nature of the Malian State, provides for an immediate ceasefire and the launching of the cantonment process, establishes a framework for inclusive peace talks with all communities of the North of Mali, but expressing its concern at the failure of the parties to the Agreement to meet the agreed timeline for the launching of these talks,

Commending the efforts of all regional and international actors, including those who facilitated discussions with the signatory and adherent armed groups of the Ouagadougou Preliminary Agreement, to solve the crisis in Mali, and, in this regard, welcoming the efforts of Algeria to contribute to the launching of a credible and inclusive negotiation process, as well as Burkina Faso as the Economic Community of West African States (ECOWAS) mediator, and urging all these actors to maintain coordination to consolidate political and security progress in Mali, in close coordination with the Special Representative for Mali and the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), Welcoming the appointment by the Malian President on 23 April 2014 of a High-Representative for the Inter-Malian Inclusive Dialogue and his initial efforts to consult with national and international actors on the peace process,

Condemning strongly the violent clashes in Kidal on 17 and 18 May 2014 in the context of the Malian Prime Minister’s visit, which resulted in the death of Malian Defence and Security Forces personnel, as well as eight civilians, including six Government officials, the unacceptable seizure by the armed groups, notably the Mouvement national de Libération de l’Azawad (MNLA), of administrative buildings, including the Governorate of Kidal, the subsequent seizure of towns in the North of Mali, and the reported illegal establishment of parallel administrative structures therein, and of arms and materiels belonging to the Malian Defence and Security Forces, which constitute a breach of the ceasefire arrangements provided for by the Agreement, as well as attacks on personnel of MINUSMA by the armed groups, expressing serious concern about the events that occurred in Kidal and elsewhere in the North of Mali on 21 May 2014 which resulted in additional casualties and in an altered security landscape in the North of Mali, and reiterating its call on all parties to act with restraint and refrain from any further violence that could threaten civilians,

Welcoming the signing of the cease-fire agreement of 23 May 2014, brokered under the auspices of the African Union (AU) Chair Mauritanian President Mohammed Ould Abdel Aziz and the Special Representative of the Secretary-General for Mali, and welcoming the convening of the ECOWAS Summit in Accra on 30 May 2014, taking note of its support for the cease-fire agreement and its call for a political solution, through the launching of inclusive peace talks, as well as its call for the immediate withdrawal of the armed groups from the public buildings and occupied areas, and return to the pre-17 May positions, and further welcoming the signing on 13 June 2014 of the agreement on the modalities for the ceasefire implementation,

Remaining concerned over the fragile security situation in the North of Mali and the continuing activities in the Sahel region of terrorist organizations, including Al-Qaida in the Islamic Maghreb (AQIM), Ansar Eddine, the Movement for Unity and Jihad in West Africa (MUJAO), and Al Mourabitoune, which constitute a threat to peace and security in the region and beyond, and reiterating its strong condemnation of the abuses of human rights and violence against civilians, notably women and children, committed in the North of Mali and in the region by terrorist groups,

Stressing that terrorism can only be defeated by a sustained and comprehensive approach involving the active participation and collaboration of all States, and regional and international organizations to impede, impair, and isolate the terrorist threat, and reaffirming that terrorism could not and should not be associated with any religion, nationality or civilization,

Recalling the listing of MUJAO, the Organization of Al-Qaida in the Islamic Maghreb, Ansar Eddine and its leader Iyad Ag Ghali, and Al Mourabitoune on the Al-Qaida sanctions list established by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011), and reiterating its readiness, under the above-mentioned regime, to sanction further individuals, groups, undertakings and entities who do notcut off all ties to Al-Qaida and associated groups, including AQIM, MUJAO, Ansar Eddine and Al Mourabitoune, in accordance with the established listing criteria,

Welcoming the continued action by the French forces, at the request of the Malian authorities, to deter the terrorist threat in the North of Mali,

Noting with growing concern the transnational dimension of the terrorist threat in the Sahel region and underlying the need for a coherent regional response to combat this threat,

Expressing its continued concern over the serious threats posed by transnational organized crime in the Sahel region, and its increasing links, in some cases, with terrorism, strongly condemning the incidents of kidnapping and hostage-taking with the aim of raising funds or gaining political concessions, reiterating its determination to prevent kidnapping and hostage-taking in the Sahel region, in accordance with applicable international law, recalling its resolution 2133 (2014)and including its call upon all Member States to prevent terrorists from benefitting directly or indirectly from the payment of ransoms or from political concessions and to secure the safe release of hostages and, in this regard, noting the publication of the Global Counterterrorism Forum’s (GCTF) “Algiers Memorandum on Good Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists”,

Remaining seriously concerned over the significant ongoing food and humanitarian crisis in the Sahel region and over the insecurity which hinders humanitarian access, exacerbated by the presence of armed groups, terrorist and criminal networks, and their activities, the presence of landmines as well as the continued proliferation of weapons from within and outside the region that threatens the peace, security, and stability of States in this region,

Emphasizing the need for all parties to uphold and respect the humanitarian principles of humanity, neutrality, impartiality and independence in order to ensure the continued provision of humanitarian assistance, the safety of civilians receiving assistance and the security of humanitarian personnel operating in Mali and stressing the importance of humanitarian assistance being delivered on the ba sis of need,

Condemning strongly all abuses and violations of human rights and violations of international humanitarian law, including those involving extrajudicial executions, arbitrary arrests and detentions, and sexual and gender-based violence, as well as killing, maiming, recruitment and use of children, attacks against schools and hospitals, and calling upon all parties to bring an end to such violations and abuses and to comply with their obligations under applicable international law,

Reiterating, in this regard, that all perpetrators of such acts must be held accountable and that some of such acts referred to in the paragraph above may amount to crimes under the Rome Statute and taking note that, acting upon the referral of the transitional authorities of Mali dated 13 July 2012, the Prosecutor of the International Criminal Court opened, on 16 January 2013, an investigation into alleged crimes committed on the territory of Mali since January 2012, and recallingthe importance of assistance and cooperation, by all parties concerned, with the Court,

Emphasizing that the Malian authorities have primary responsibility for the provision of stability and security throughout the territory of Mali, underscoring the importance of Malian civilian control and oversight of the Malian Defence and Security Forces, reiterating that the training, consolidation and redeployment of the Malian Defence and Security Forces are vital to ensure Mali’s long-term security and stability and to protect the people of Mali, and stressing the importance of the Malian Defence and Security Forces assuming full responsibility for providing security throughout the Malian territory,

Recognizing that the threat to the civilian population in the North of Mali extends beyond the key population centres to include rural areas,

Reiterating its strong support for the Special Representative of the Secretary-General for Mali and for MINUSMA and expressing its concern at the slow pace of deployment of MINUSMA,

Commending the role and contribution of the AU, ECOWAS and of neighbouring countries to the stabilization of Mali, including to contribute to the efforts of MINUSMA towards a political settlement,

Commending the role of the European Union Training Mission (EUTM Mali) in Mali to provide training and advice for the Malian Defence and Security Forces towards contributing to strengthening civilian authority and respect for human rights, and welcoming the decision of the European Union (EU) to establish the European Union Capacity Building Mission (EUCAP Sahel Mali) to provide strategic advice and training for the Police, Gendarmerie and Garde nationale in Mali,

Encouraging the international community to provide broad support to resolve the crisis in Mali through coordinated actions for immediate and long-term needs, encompassing security, governance reform, development and humanitarian issues, commending the contributions already made towards the 2014 Consolidated Appeal for Mali, and urging all Member States and other donors to contribute generously for humanitarian operations,

Determining that the situation in Mali constitutes a threat to international peace and security,

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

Adopted by the Security Council at its 7210th meeting, on 25 June 2014.