United Nations Security Council Resolution 2364 – The situation in Mali

Resolution 2364 (2017)

The Security Council,

Recalling its previous resolutions, in particular 2359 (2017), 2295 (2016) and 2100 (2013), and its press statements, including of 23 May 2017, concerning the situation in Mali,

Reaffirming its strong commitment to the sovereignty, unity and territorial integrity of Mali, emphasizing that the Malian authorities have primary responsibility for the provision of stability and security throughout the territory of Mali, and underscoring the importance of achieving national ownership of peace-and security-related initiatives,

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, and also recalling its Presidential Statement of 25 November 2015 (S/PRST/2015/22),

Recognizing the legitimate aspiration of all Malian citizens to enjoy lasting peace and development,Recognizing that the Agreement on Peace and Reconciliation in Mali (“the Agreement”) signed in 2015 by the Government of Mali, the Plateforme coalition of armed groups, and the Coordination des Mouvements de l’Azawad coalition of armed groups, and its continued implementation, represents a historic opportunity to achieve lasting peace in Mali,

Considering the Agreement as balanced and comprehensive, aiming to address the political, institutional, governance, security, development and reconciliation dimensions of the crisis in Mali, respecting the sovereignty, unity and territorial integrity of the Malian State,

Underscoring that the responsibility for the full and effective implementation of the Agreement, which has to be Malian-led and Malian-owned, rests with the Government of Mali, the Plateforme and Coordination armed groups, and is crucial to contribute to lasting peace in Mali, drawing lessons from previous peace agreements,

Recognizing the recent progress achieved for the implementation of the Agreement, including the holding of a Conference d’Entente nationale in March 2017 and the establishment of all interim administrations in the North, while expressing its deep concern over the persistent delays for its full implementation two years after it was concluded, and highlighting the pressing need to deliver tangible and visible peace dividends to the population in the North and other parts of Mali in order to keep the momentum of the Agreement,

Urging the Government of Mali, the Plateforme and Coordination armed groups to take urgent and concrete action to fully and sincerely deliver on their obligations under the Agreement without further delay, including obligations not implemented during the Interim period, in particular regarding the concrete activities of the interim authorities installed in the northern regions, the reform of the security sector, the disarmament, demobilization and reintegration process, the revision of the constitution through an inclusive and consultative dialogue, the fight against impunity as well as a genuine reconciliation process,

Stressing the need for the Government of Mali, the Plateforme and Coordination armed groups, following the Conference d’Entente nationale, to make further progress towards the agreement and adoption of a Charter for Peace, Unity and National Reconciliation, through an inclusive and consultative dialogue,

Taking note of the upcoming holding of district, regional, legislative and presidential elections, municipal by-elections and a constitutional referendum in 2017 and 2018, stressing the need for these elections to be free, fair and inclusive, and further stressing the need to ensure adequate coordination of the electoral process with the implementation of the Agreement,

Welcoming the adoption by the Government of Mali, in January 2016, of Mali’s second National Action Plan for the implementation of the Security Council resolution 1325 (2000), further welcoming in this regard the adoption by the Government of Mali, in December 2015, of a law requiring a 30 per cent quota for women in national institutions, and encouraging its implementation,

Affirming its intention to facilitate, support and follow closely the implementation of the Agreement, commending the role played by Algeria and other members of the international mediation team to assist the Malian parties to implement the Agreement, and emphasizing the need for increased engagement by the members of the international mediation team,

Expressing concern about the volatile security situation, especially the expansion of terrorist and other criminal activities into central and southern Mali as well as the intensification of intercommunal violence in the Centre of Mali,

Noting that the slow progress in the implementation of the Agreement, particularly its defence and security provisions, as well as the delayed restructuring of the security sector, have hampered efforts to restore security in the North of Mali, and stressing the primary responsibility of the Government of Mali, the Plateforme and Coordination armed groups to accelerate the implementation of the Agreement in order to improve the security situation across Mali and to forestall attempts by terrorist groups to derail the implementation of the Agreement,

Noting the lack of progress in the creation and operationalization mechanisms to promote reconciliation and justice, including the Commission of Inquiry as well as the Truth, Justice and Reconciliation Commission, and expressing concerns that this delay risks creating a culture of impunity by allowing human rights abuses and violations to go unaddressed,

Strongly condemning the activities in Mali and in the Sahel region of terrorist organisations, including MUJAO, Al-Qaida in the Islamic Maghreb (AQIM), Al Mourabitoune, Ansar Eddine, and associated individuals and groups such as Jama’at Nusrat al-Islam wal-Muslimin (Group for the Support of Islam and Muslims) and Islamic State in Greater Sahara and Ansaroul Islam, which continue to operate in Mali and constitute a threat to peace and security in the region and beyond, and human rights abuses and violence against civilians, notably women and children, committed in Mali and in the region by terrorist groups, Condemning the attacks against the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), the Malian Defence and Security Forces, the European Union Training Mission Mali (EUTM Mali) and the French forces, that continue to be perpetrated 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 organisations to impede, impair, and isolate the terrorist threat, and reaffirming that terrorism cannot and should not be associated with any religion, nationality or civilization,

Stressing also that States must ensure that any measures taken to combat terrorism comply with all their obligations under international law, in particular international human rights law, refugee law, and humanitarian law,

Recalling the listing of MUJAO, the Organisation of Al-Qaida in the Islamic Maghreb, Ansar Eddine and its leader Iyad Ag Ghali, and Al Mourabitoune on the sanctions list established by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee and reiterating its readiness, under the above-mentioned regime, to sanction further individuals, groups, undertakings and entities who are associated with Al-Qaida and other listed entities and individuals, including AQIM, Al Mourabitoune and Ansar Eddine, in accordance with the established listing criteria,

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

Emphasizing that security and stability in Mali are inextricably linked to that of the Sahel and West Africa regions, as well as the situation in Libya and in the North Africa region,

Acknowledging the impact of the situation in Mali on peace and security in the Sahel, as well as on the wider West Africa and North African region,

Expressing its continued concern over the transnational dimension of the terrorist threat in the Sahel region, as well as the serious challenges posed by transnational organized crime in the Sahel region, including arms and drug trafficking, the smuggling of migrants, trafficking in persons, and its increasing links, in some cases, with terrorism, and underscoring the responsibility of the countries in the region in addressing these threats and challenges,

Recognizing the determination and ownership of the Governments of the Group of Five for the Sahel States (G5 Sahel) to address the impact of terrorism and transnational organized crime, including through the conduct of cross-border joint military counter-terrorist operations, welcoming the efforts of the French forces to support these operations, also welcoming the African Union Nouakchott process, and further welcoming the decision of the States of the Sahel and Sahara to establish a new counterterrorist centre with its headquarters in Cairo, Egypt,

Welcoming the deployment of the Force Conjointe des Etats du G5 Sahel(FC-G5S), and underlining that FC-G5S efforts to counter the activities of terrorist groups and other organized criminal groups will contribute to create a more secure environment in the Sahel region, with a view to supporting MINUSMA fulfil its mandate to stabilize Mali, and commending the European Union’s pledge to provide support to the FC-GS5 of 50 million Euros,

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 resolutions 2133 (2014) and 2253 (2015), 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”,

Strongly condemning all abuses and violations of human rights and violations of international humanitarian law, including those involving extrajudicial and summary executions, arbitrary arrests and detentions and ill-treatment of prisoners, sexual and gender-based violence, as well as killing, maiming, recruitment and use of children, attacks against schools and hospitals, calling on all parties to respect the civilian character of schools in accordance with international humanitarian law and to cease detention of all children on national security charges in violation of applicable international law, and further calling upon all parties to bring an end to such violations and abuses and to comply with their obligations under appli cable 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, taking note that, acting upon the referral of the transitional authorities of Mali dated 13 July 2012, the Prosecutor of the International Criminal Court (ICC) opened, on 16 January 2013, an investigation into alleged crimes committed on the territory of Mali since January 2012, and, in this regard, further taking note of the fact that on 27 September 2016 the ICC found Mr Al Mahdi guilty of the war crime of intentionally directing attacks against religious and historical monuments in Timbuktu, and recalling the importance of assistance and cooperation, by all parties concerned, with the Court,

Welcoming the signing of an action plan to end and prevent recruitment and use of children and sexual violence against children by the Coordination armed group and the United Nations in March 2017, and calling for its full and immediate implementation,

Underscoring that Malian civilian control and oversight as well as further consolidation of the Malian Defence and Security Forces are important to ensure Mali’s long-term security and stability and to protect the people of Mali,

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

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 and protection of civilians receiving assistance and the security of humanitarian personnel operating in Mali, and stressing the importance of humanitarian assistance being delivered on the basis of need,

Remaining seriously concerned over the significant ongoing food and humanitarian crisis in Mali, 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 illicit proliferation of weapons from within and outside the region that threatens the peace, security, and stability of States in this region, and condemning attacks against humanitarian personnel,

Reiterating its strong support for the Special Representative of the Secretary-General for Mali, and for MINUSMA to assist the Malian authorities and the Malian people in their efforts to bring lasting peace and stability to their country, bearing in mind the primary responsibility of the Malian authorities to protect the population, and welcoming the stabilizing effect of the international presence in Mali, including MINUSMA,

Commending troop and police contributing countries of MINUSMA for their contribution, paying tribute to the peacekeepers who risk, as well as lost, their lives in this respect, strongly condemning attacks against peacekeepers, underlining that these attacks may constitute war crimes under international law, stressing that those responsible for these acts should be held accountable, calling on the Government of Mali to swiftly investigate and bring the perpetrators to justice and further stressing the importance of MINUSMA having the necessary capacities to promote the safety and security of the United Nations peacekeepers,

Reiterating its serious concern at the continuing lack of key capabilities for MINUSMA, stressing the need to fill gaps in and strengthen MINUSMA’s capabilities to enable it to implement its mandate in a complex security environment that includes asymmetric threats, and emphasizing the utmost importance of improving logistics support to ensure the security and safety of MINUSMA’s personnel in that regard,

Welcoming the pledges announced at the MINUSMA extraordinary force generation conference chaired by the Secretary-General on 22 and 23 May 2017 to fill in troops and capacity gaps, calling on Member States who expressed pledges to deploy these units rapidly, and calling for the rapid deployment of the quick reaction force established by resolution 2162 (2014), as well as the aviation unit supporting it, following its withdrawal from UNOCI and its scheduled transfer to MINUSMA, pursuant to its resolution 2295 (2016),

Determining that the situation in Mali continues to constitute 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 7991st meeting, on29 June 2017.