United Nations Security Council Resolution 2423 – The situation in Mali

Resolution 2423 (2018)

The Security Council,

Recalling its previous resolutions, in particular 2391 (2017), 2374 (2017), 2364 (2017) and 2100 (2013), and its press statements of 23 May 2018, 15 April 2018 and 24 January 2018,

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, security and protection of civilians throughout the territory 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, and recalling its Presidential Statement of 14 May 2018 (S/PRST/2018/10),

Recognizing that the full, effective and inclusive implementation of 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 (“the Plateforme and Coordination armed groups”), constitutes a historic opportunity to achieve lasting peace and security in Mali,

Stressing that all parties to the Agreement share the primary responsibility to make steadfast progress in its implementation,

Taking note of the renewed commitment of the Government of Mali and the Plateforme and Coordination armed groups to the expeditious implementation of all of their remaining obligations under the Agreement, through the adoption of a “Chronogramme d’actions prioritaires” during the meeting of the Comité de Suivi de l’Accord (CSA) held in Bamako on the 15 and 16 January 2018, followed by the adoption of a Roadmap for its implementation on 22 March 2018 (“the Roadmap”),

Welcoming the mobilization of the Prime Minister in support to the implementation of the Agreement, as well as his recent visit to the Northern regions of Mali,

Expressing deep concern over the persistent delays for its full implementation three years after it was concluded, and stressing the pressing need to deliver tangible and visible peace dividends to the population in the North and other parts of Mali in order to preserve the relevance of the Agreement as well as to prevent the gains achieved from being potentially reversed,

Noting that the slow progress in the implementation of the Agreement, particularly its defence and security provisions, as well as the delayed reform of the security sector, have hampered efforts to restore security in the North of Mali, and stressing that acceleration of the implementation of the Agreement would contribute to enhancing State’s presence and to improving the security situation across Mali and to forestalling attempts by terrorist groups to derail the implementation of the Agreement,

Affirming its intention to continue to facilitate, support and follow closely the implementation of the Agreement,

Welcoming the appointment of the Carter Center as the Independent Observer referred to in the Agreement, recalling that the mandate of the Independent Observer, as defined by the Agreement, is to objectively evaluate progress towards implementation of the Agreement, including through the release every 4 months of a comprehensive report on the implementation of the commitments undertaken in the Agreement, identifying any impediments, determining responsibility and recommending the steps to be taken, and calling upon all parties to fully cooperate with the Carter Center in order to facilitate the implementation of its mandate as Independent Observer,

Underlining that engaging in hostilities in violation of the Agreement as well as actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement constitute a basis for sanctions designations pursuant to resolution 2374 (2017), among other designation criteria, and calling upon all actors to cooperate fully with the Sanctions Committee and the Panel of Experts established pursuant to resolution 2374 (2017),

Taking note of the announced holding of presidential and legislative elections in 2018, as well as regional, district and municipal elections in 2019,

Expressing deep concern about the continued deterioration of the security situation in Mali, especially the expansion of terrorist and other criminal activities into the Central and Southern regions as well as the intensification of intercommunal violence in the Centre,

Strongly condemning the continued attacks, including terrorist attacks, against civilians, representatives from local, regional and State institutions, as well as national, international and UN security forces, including the Malian Defence and Security Forces (MDSF), United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), the French forces and the European Union Training Mission in Mali (EUTM Mali),

Strongly condemning the activities in Mali and in the Sahel region of terrorist organizations, 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, human rights abuses and violations, and violence against civilians, notably women and children, committed in Mali and in the region by terrorist groups,

Emphasizing that security and stability in Mali are inextricably linked to that of the Sahel and West Africa, as well as to that of Libya and North Africa, and expressingits deep concern regarding the transnational threat posed by terrorism and organized crime (including trafficking in persons, arms, drugs and natural resources, and the smuggling of migrants) in the Sahel region,

Recognizing that MINUSMA and the Force conjointe du G5 Sahel (FC-G5S) have the potential to be mutually beneficial instruments to restore peace and stability in Mali and in the Sahel region, and underlining that they have the potential to constitute a positive interaction between a United Nations peacekeeping operation and an African operation,

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,

Commending the role of EUTM Mali in providing training and advice in Mali for the MDSF and the FC-G5S, including by contributing to the strengthening of civilian authority and respect for human rights, and further commending the role of the European Union Capacity Building Mission in Mali (EUCAP Sahel Mali) in providing strategic advice and training for the Police, Gendarmerie and Gardenationale in Mali,

Strongly condemning all violations and abuses of international human rights law 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 interna tional 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 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, 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, recalling the importance of assistance and cooperation, by all parties concerned, with the ICC, in matters that are within its jurisdiction, and welcoming in this regard the recent transfer of Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud to the custody of the ICC,

Recognizing the essential contribution of the transitional justice mechanisms referred to in the Agreement to the promotion of a durable peace in Mali and accountability for human rights abuses and violations, noting the gradual progress achieved in the operationalization of the Truth, Justice and Reconciliation Commission, stressing the need for the Government to extend its mandate beyond December 2018, welcoming the establishment of the International Commission of Inquiry, in accordance with the Agreement, and encouraging its operationalization,

Taking positive note of Mali’s second National Action Plan for the implementation of the Security Council resolution 1325 (2000), as well as of Mali’s legislation requiring a 30 per cent quota for women in national institutions, and encouraging their full and swift implementation,

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, calling for its full and immediate implementation, and encouraging the immediate development and implementation of an action plan by the Plateforme armed groups and the United Nations to prevent the unlawful recruitment and use of children and sexual violence against children,

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, improvised explosive devices and explosive remnants of war, 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, condemning attacks against humanitarian personnel, and calling on Member States and international and regional organizations to respond swiftly to the humanitarian appeal through increased contributions and to ensure that all pledges are honoured in a full and timely manner,

Recognizing the adverse effects of climate change, ecological changes and natural disasters, among other factors, on the stability of Mali, including through drought, desertification, land degradation and food insecurity, and emphasizing the need for adequate risk assessment and risk management strategies by the government of Mali and the United Nations relating to these factors,

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, in particular in the field of military helicopters and mine protected vehicles, and to 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 significant progress made in the deployment of a combat convoy battalion and of a quick reaction force, further welcoming the recent pledges announced to fill in troops and capacity gaps, and urging Member States who expressed pledges to fully deploy these units within the announced time frame,

Recalling that it is important that all MINUSMA contingents are properly trained and effectively equipped, including with adequate language skills, staffed and supported to be able to sustain their commitment to carry out their respective tasks,

Recalling resolution 2378 (2017), which requests the Secretary-General to ensure that data related to the effectiveness of peacekeeping operations, including peacekeeping performance data, is used to improve analytics and evaluation of mission operations, based on clear and well identified benchmarks,

Noting the publication of the report on “Improving Security of United Nations Peacekeepers”, which highlights the link between the safety and security of peacekeepers and the performance of troops, and recognizing that fatalities can be a consequence of deficiencies in training, equipment and performance,

Welcoming the initiative of the Secretary-General to conduct Special Investigations into performance issues, and encouraging the Secretary-General to report on the findings of such investigations and efforts to take collective action to improve peacekeeping operations,

Reiterating its strong support for the Special Representative of the Secretary-General for Mali and Head of MINUSMA (“the SRSG”), and for MINUSMA to assist, as mandated, the Malian authorities and the Malian people in their efforts to bring lasting peace and stability to their country,

Taking note of the report of the Secretary-General (S/2018/541), which builds on the findings and recommendations of the independent strategic review of MINUSMA conducted in the first half of 2018,

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 8298th meeting, on 28 June 2018.