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United Nations Security Council Resolution 2488 – The situation in the Central African Republic

United Nations Security Council Resolution 2488 – The situation in the Central African Republic

Resolution 2488 (2019)

The Security Council,

Recalling all of its previous resolutions, statements of its President and press statements on the situation in the Central African Republic,

Welcoming the increased efforts made by the CAR authorities, in coordination with their international partners, to advance the reform of the security sector, including the ongoing deployment of CAR defence and security forces as well as the adoption of a National Defence Plan, a Force Employment Concept, and a National Security Policy and acknowledging the urgent need for the CAR authorities to train and equip their defence and security forces to be able to respond proportionately to threats to the security of all citizens in the CAR,

Welcoming the signing of the Agreement on Peace and Reconciliation in the Central African Republic by the CAR authorities and 14 armed groups in Bangui on 6 February 2019 (“the Agreement”), after the peace talks that took place in Khartoum, Sudan, from 24 January to 5 February 2019 within the framework of the African Initiative for Peace and Reconciliation in the CAR and under the auspices of the African Union, further welcoming the consensus reached by the signatory parties to the Agreement regarding the formation of an inclusive government in line with article 21 of the Agreement, as well as the engagement of the African Union, the Economic Community of Central African States and the United Nations, urging the CAR authorities and the signatory armed groups to implement the Agreement in good faith and without delay in order to meet the aspirations expressed by the people of the CAR to peace, security, justice, reconciliation, inclusivity and development, and calling on neighbouring States, regional organizations, and all international partners to support the implementation of the Agreement and to coordinate their actions in order to bring lasting peace and stability to the CAR,

Recalling its intention to review, by 30 September 2019, the arms embargo measures on the CAR authorities in the light of progress achieved towards the key benchmarks established in its Presidential Statement of 9 April 2019 (S/PRST/2019/3),

Taking note in this regard of the CAR authorities’ report of 30 June 2019 addressed to the Security Council Committee established pursuant to resolution 2127 (2013) concerning the CAR (“the Committee”) consistent with paragraph 11 of resolution 2454 (2019) and of the Secretary-General’s letter of 26 July 2019 addressed to the President of the Security Council (S/2019/609) consistent with paragraph 10 of resolution 2454 (2019),

Welcoming the commitment demonstrated by the CAR authorities, along with their international partners, to achieve the necessary progress towards the key benchmarks established in its Presidential Statement of 9 April 2019 (S/PRST/2019/3)and encouraging them to continue their efforts to address the challenges that remain,

Taking note of the midterm report (S/2019/608) of the Panel of Experts on the CAR established pursuant to resolution 2127 (2013) and extended pursuant to resolution 2454 (2019), and taking note of the Panel of Experts’ recommendations,

Determining that the situation in the CAR continues to constitute a threat to international peace and security in the region,

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

1. Recalls that, pursuant to the measures imposed by paragraph 1 of resolution 2399 (2018) and extended to 31 January 2020 by paragraph 1 of resolution 2454 (2019), all Member States shall continue to take the necessary measures to prevent the direct or indirect supply, sale or transfer to the CAR, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories;

2. Decides, pursuant to its intention as expressed in paragraph 10 of resolution 2454 (2019) to review the arms embargo measures on the CAR authorities, to adjust the measures imposed by paragraph 1 of resolution 2399 (2018) and extended by paragraph 1 of resolution 2454 (2019), such that, until 31 January 2020, they shall not apply to:

(a) Supplies intended solely for the support of or use by MINUSCA and the European Union training missions deployed in the CAR, French forces under the conditions provided by paragraph 69 of resolution 2448 (2018), and other Member States’ forces providing training and assistance as notified in advance in accordance with paragraph 2 (b) below;

(b) Supplies of non-lethal equipment and provision of assistance, including operational and non-operational training to the CAR security forces, including state civilian law enforcement institutions, intended solely for support of or use in the CAR process of security sector reform (SSR), in coordination with MINUSCA, and as notified in advance to the Committee, and requests that MINUSCA report on the contribution to SSR of this exemption, as part of its regular reports to the Council;

(c) Supplies brought into the CAR by Chadian or Sudanese forces solely for their use in international patrols of the tripartite force established on 23 May 2011 in Khartoum by the CAR, Chad and Sudan, to enhance security in the common border areas, in cooperation with MINUSCA, as approved in advance by the Committee;

(d) Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as notified in advance to the Committee;

(e) Protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

(f) Supplies of small arms and other related equipment intended solely for use in international-led patrols providing security in the Sangha River Tri-national Protected Area and by armed wildlife rangers of the Chinko Project and the Bamingui-Bangoran National Park to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR’s international legal obligations, as notified in advance to the Committee;

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(g) Supplies of weapons with a calibre of 14.5 mm or less, and ammunition and components specially designed for such weapons, to the CAR security forces, including state civilian law enforcement institutions, and intended solely for support of or use in the CAR process of SSR, as notified in advance to the Committee;

(h) Supplies of arms and other related lethal equipment that are not listed in paragraph 2 (g) of this resolution to the CAR security forces, including state civilian law enforcement institutions, and intended solely for support of or use in the CAR process of SSR, as approved in advance by the Committee; or

(i) Other sales or supply of arms and other related materiel, or provision of assistance or personnel, as approved in advance by the Committee;

3. Decides that the supplying Member State is primarily responsible for notifying the Committee and that such notification must be at least 20 days in advance of the delivery of any supplies as permitted in paragraph 2 (d), paragraph 2 (f) and paragraph 2 (g) of this resolution and affirms that the supplying international, regional or subregional organization is primarily responsible for notifying the Committee and that such notification must be at least 20 days in advance of the delivery of any supplies as permitted in paragraph 2 (d), paragraph 2 (f) and paragraph 2 (g) of this resolution;

4. Decides that all notifications and exemption requests to the Committee shall include: the details of the manufacturer and supplier of the equipment; a description of equipment including the type, calibre, quantity as well as serial numbers and/or lot numbers or the proposed date(s) when the serial numbers and/or lot numbers will be provided in the case of an exemption request; the proposed date(s) and place(s) of delivery; the mode(s) of transport and itinerary of shipments; and the purpose of use and end user, including the intended destination unit in the CAR security forces as well as the intended place of storage; further stresses the importance of a specific focus on detailed explanations for how the requested equipment will support SSR;

5. Decides that arms and other related lethal equipment sold or supplied to the CAR security forces solely for their development may not be resold to, transferred to, or made available for use by, any individual or entity not in the service of either the CAR security forces or the selling or supplying Member State;

6. Decides that the CAR authorities shall update the Committee by 31 December 2019 on the progress achieved in the SSR process, the disarmament, demobilization, reintegration and repatriation (DDRR) process and in the management of weapons and ammunition;

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7. Requests that the Secretary-General update the Security Council, no later than 31 December 2019, on the progress achieved by the CAR authorities on the key benchmarks established in its Presidential Statement of 9 April 2019 (S/PRST/2019/3);

8. Calls on the CAR authorities to allow the Panel of Experts and MINUSCA access to the notified and exempted arms and related lethal equipment at the time of import and before the transfer to the end user takes place, stresses that the CAR authorities should mark the arms and related lethal equipment when received in the territory of CAR, and calls on the CAR authorities to maintain a registry of all arms and materiel owned by CAR security forces, in particular small arms and light weapons, with a view to improving tracking and monitoring of their circulation;

9. Calls on the CAR authorities and the authorities of neighbouring States to cooperate at the regional level to investigate and combat transnational criminal networks and armed groups involved in arms trafficking and calls for the reactivation of joint bilateral commissions between the CAR and neighbouring States to address cross-border issues, especially issues related to arms trafficking; further welcomes in this regard the reactivation of the joint bilateral commissions between the CAR and Cameroon and the CAR and the Republic of Congo as well as the intention expressed by the CAR authorities and Chadian authorities to reactivate the joint bilateral commission between their two countries;

10. Affirms that it intends to keep the situation in the CAR under continuous review and be prepared to review the appropriateness of the measures contained in this resolution at any time as may be necessary, including by 31 January 2020, in light of the evolution of the security situation in the country and of the progress achieved in relation the SSR process, the DDRR process and the management of weapons and ammunition, including in relation to the updates requested in paragraph 6 and in paragraph 7 of this resolution;

11. Further reaffirms all the measures imposed by and provisions set out in paragraphs 2 to 8 of resolution 2454 (2019);

12. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 8617th meeting, on 12 September 2019.

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