COUNCIL APPROVES UN DARFUR FORCE BY COUNT OF

UNCLAS SECTION 01 OF 06 USUN NEW YORK 001703

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL SU UNSC KPKO
SUBJECT: COUNCIL APPROVES UN DARFUR FORCE BY COUNT OF
12-0-3 WITH 9 CO-SPONSORS

REF: A. WWW.UN.ORG/NEWS/PRESS/DOCS/2006/SC8821.DOC.HT M


B. SECSTATE 143865


1. (U) In an August 31 formal meeting, the Security Council
adopted the UK-U.S. draft resolution expanding UNMIS' mandate
into Darfur. The draft included nine co-sponsors: Argentina,
Denmark, France, Ghana, Greece, Slovakia, Tanzania, the UK
and the U.S. The final vote count was 12 votes in favor,
zero opposed and three abstentions by China, Qatar and
Russia. Thirteen members gave Explanations of Vote (EOVs)
after the vote; statements can be found ref A. The
resolution was adopted as UN document S/RES/1706 (2006); text
in Para 5.


2. (SBU) UN Department of Political Affairs
Assistant-Secretary-General Kalomoh and the Charge of the
Sudanese Mission also attended the formal meeting.
Co-sponsors of the text materialized at the last minute, but
noticeably absent was African Union Chair Congo's
co-sponsorship, despite interventions by our delegation and
by the French, who less than 12 hours earlier had received
assurances from Brazzaville that Congo would do so.
Congolese PermRep Ikouebe told Ambassador Bolton he had
received instructions from his capital just prior to the
meeting to vote in favor of the resolution but not to
co-sponsor it, an unsurprising result after Ikouebe's
defensive posture in August 30 Sudan consultations, which in
turn likely resulted from a series of stern demarches in
Brazzaville. The Peruvian delegation confessed its reasons
for not co-sponsoring were purely circumstantial, as August
30-31 were Peruvian national holidays, making leaders in Lima
impossible to reach.


3. (SBU) Despite initial indications from Moscow that the
Russian delegation might vote for the resolution, 11th-hour
instructions were given to Russian PermRep Churkin (who was
accordingly late to the meeting) to join his Chinese and
Qatari counterparts in abstaining. COMMENT: Russian PermRep,
DPR and staff explained that they had fought hard to win
Moscow's approval of the resolution and indeed predicted a
favorable vote as late as yesterday evening. They explained
today, however, that strong Chinese lobbying in Moscow had
derailed their efforts.


4. (SBU) China, Qatar and Russia in their EOVs attributed
their abstentions to the timing of the resolution's adoption,
rather than to its content. The Qatari delegation told USUN
privately that it viewed the re-wording of the reference to
Sudanese consent for UN Darfur deployment in OP1 ('and
therefore invites the consent of the Government of National
Unity for the deployment') as making the resolution worse,
particularly from their legal perspective. Qatar feared that
such a formulation left open the possibility for the Sudanese
government to be accused of non-compliance with UNSCR 1706 in
the event it fails to give its consent to the UN deployment,
an interpretation Qatar noted had already been cited by the
Ghanaian delegation (which had favored no mention of the need
for consent at all).


5. (U) Begin UNSCR 1706 text:

The Security Council,

Recalling its previous resolutions concerning the situation
in the Sudan, in particular resolutions 1679 (2006) of 16 May
2006, 1665 (2006) of 29 March 2006, 1663 (2006) of 24 March
2006, 1593 (2005) of 31 March 2005, 1591 (2005) of 29 March
2005, 1590 (2005) of 24 March 2005, 1574 (2004) of 19
November 2004, 1564 (2004) of 18 September 2004 and 1556
(2004) of 30 July 2004 and the statements of its President
concerning the Sudan,


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Recalling also its previous resolutions 1325 (2000) on women,
peace and security, 1502 (2003) on the protection of
humanitarian and United Nations personnel, 1612 (2005) on
children and armed conflict, and 1674 (2006) on the
protection of civilians in armed conflict, which reaffirms
inter alia the provisions of paragraphs 138 and 139 of the
2005 United Nations World Summit outcome document, as well as
the report of its Mission to the Sudan and Chad from 4th to
10th June 2006,

Reaffirming its strong commitment to the sovereignty, unity,
independence, and territorial integrity of the Sudan, which
would be unaffected by transition to a United Nations
operation in Darfur, and to the cause of peace, expressing
its determination to work with the Government of National
Unity, in full respect of its sovereignty, to assist in
tackling the
various problems confronting the Sudan and that a United
Nations operation in Darfur shall have, to the extent
possible, a strong African participation and character,

Welcoming the efforts of the African Union to find a solution
to the crisis in Darfur, including through the success of the
African Union-led Inter-Sudanese Peace Talks on the Conflict
in Darfur in Abuja, Nigeria, in particular the framework
agreed between the parties for a resolution of the conflict
in Darfur (the Darfur Peace Agreement),commending the
efforts of the signatories to the Darfur Peace Agreement,
expressing its belief that the Agreement provides a basis for
sustained security in Darfur, reiterating its welcome of the
statement of 9 May 2006 by the representative of the Sudan at
the United Nations Security Council Special
Session on Darfur of the Government of National Unity's full
commitment to implementing the Agreement, stressing the
importance of launching, with the African Union, the
Darfur-Darfur Dialogue and Consultation as soon as possible,
and recognising that international support for implementation
of the Agreement is critically important to its success,

Commending the efforts of the African Union for the
successful deployment of the African Union Mission in the
Sudan (AMIS),as well as the efforts of Member States and
regional and international organisations that have assisted
it in its deployment, and AMIS' role in reducing large-scale
organised violence in Darfur, recalling the decision of the
African Union Peace and Security Council of 10 March 2006,
and its decision of 27 June 2006, as outlined in paragraph 10
of its Communique, that the African Union is ready to review
the mandate of AMIS in the event that the ongoing
consultations between the Government of National Unity and
the United Nations conclude on an agreement for a transition
to a United Nations peacekeeping operation,
stressing the need for AMIS to assist implementation of the
Darfur Peace Agreement until transition to the United Nations
force in Darfur is completed, welcoming the decision of the
African Union Peace and Security Council of 27 June 2006 on
strengthening AMIS' mandate and tasks, including on the
protection of civilians, and considering that AMIS needs
urgent reinforcing,

Reaffirming its concern that the ongoing violence in Darfur
might further negatively affect the rest of the Sudan as well
as the region, in particular Chad and the Central African
Republic, and stressing that regional security aspects must
be addressed to achieve long lasting peace in Darfur,

Remaining deeply concerned over the recent deterioration of
relations between the Sudan and Chad, calling on the
governments of the two countries to abide by their
obligations under the Tripoli Agreement of 8 February 2006
and the agreement between the Sudan and Chad signed in
N'djamena on 26 July 2006 and to begin implementing the

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confidence building measures which they have voluntarily
agreed upon, welcoming the recent re-establishment of
diplomatic relations between the Sudan and Chad, and calling
upon all States in the region to co-operate in ensuring
regional stability,

Re-iterating its strong condemnation of all violations of
human rights and international humanitarian law in Darfur,
and calling upon the Government of National Unity to take
urgent action to tackle gender based violence in Darfur
including action towards implementing its Action Plan to
Combat Violence Against Women in Darfur with particular focus
on the rescission of Form 8 and access to legal redress,

Expressing its deep concern for the security of humanitarian
aid workers and their access to populations in need,
including refugees, internally displaced persons and other
war-affected populations, and calling upon all parties, in
particular the Government of National Unity, to ensure, in
accordance with relevant provisions of international law, the
full, safe and unhindered access of relief personnel to all
those in need in Darfur as well as the delivery of
humanitarian assistance, in particular to internally
displaced persons and refugees,

Taking note of the communiques of 12 January, 10 March, 15
May and 27 June 2006 of the Peace and Security Council of the
African Union regarding transition of AMIS to a United
Nations operation,

Taking note of the report of the Secretary-General on Darfur
dated 28 July 2006 (S/2006/591),

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

Decides, without prejudice to its existing mandate and
operations as provided for in Resolution 1590 (2005) and in
order to support the early and effective implementation of
the Darfur Peace Agreement, that UNMIS' mandate shall be
expanded as specified in paragraphs 8, 9 and 12 below and
that it shall deploy to Darfur, and therefore invites the
consent of the support of the Government of National Unity
for this deployment, and urges member states to provide the
capability for an expeditious deployment;

Requests the Secretary-General to arrange the rapid
deployment of additional capabilities for UNMIS, in order
that it may deploy in Darfur, in accordance with the
recommendation contained in his report dated 28 July 2006;

Decides that UNMIS shall be strengthened by up to 17,300
military personnel and by an appropriate civilian component
including up to 3,300 civilian police personnel and up to 16
Formed Police Units, and expresses its determination to keep
UNMIS' strength and structure under regular review, taking
into account the evolution of the situation on the ground and
without prejudice to its current operations and mandate as
provided for in Resolution 1590 (2005);

Expresses its intention to consider authorising possible
additional temporary reinforcements of the military component
of UNMIS, at the request of the Secretary-General, within the
limits of the troop levels recommended in paragraph 87 of his
report dated 28 July 2006;

Requests the Secretary-General to consult jointly with the
African Union, in close and continuing consultation with the
parties to the Darfur Peace Agreement, including the
Government of National Unity, on a plan and timetable for
transition from AMIS to a UN operation in Darfur; decides
that those elements outlined in paragraphs 40 to 58 of the

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Secretary-General's report of 28 July 2006 shall begin to be

SIPDIS
deployed no later than 1 October 2006, that thereafter as
part of the process of transition to a United Nations
operation additional capabilities shall be deployed as soon
as feasible and that UNMIS shall take over from AMIS
responsibility for supporting the implementation of the
Darfur Peace Agreement upon the expiration of AMIS' mandate
but in any event no later than 31 December 2006;

Notes that the Status of Forces Agreement for UNMIS with the
Sudan, as outlined in resolution 1590 (2005),shall apply to
UNMIS' operations throughout the Sudan, including in Darfur;

Requests the Secretary-General to take the necessary steps to
strengthen AMIS through the use of existing and additional
United Nations resources with a view to transition to a UN
operation in Darfur; and authorizes the Secretary-General
during this transition to implement the longer-term support
to AMIS outlined in the report of the Secretary-General of 28
July 2006, including provision of air assets, ground mobility
package, training, engineering and logistics, mobile
communications capacity and broad public information
assistance;

Decides that the mandate of UNMIS in Darfur shall be to
support implementation of the Darfur Peace Agreement of 5 May
2006 and the N'djamena Agreement on Humanitarian Cease-fire
on the Conflict in Darfur ("the Agreements"),including by
performing the following tasks:

(a) To monitor and verify the implementation by the parties
of Chapter 3 ("Comprehensive Cease-fire and Final Security
Arrangements") of the Darfur Peace Agreement and the
N'djamena Agreement on Humanitarian Cease-fire on the
Conflict in Darfur;

(b) To observe and monitor movement of armed groups and
redeployment of forces in areas of UNMIS deployment by ground
and aerial means in accordance with the Agreements;

(c) To investigate violations of the Agreements and to report
violations to the Cease-fire Commission; as well as to
co-operate and co-ordinate, together with other International
Actors, with the Cease-fire Commission, the Joint Commission,
and the Joint Humanitarian Facilitation and Monitoring Unit
established pursuant to the Agreements including through
provision of technical assistance and logistical support;

(d) To maintain, in particular, a presence in key areas, such
as buffer zones established pursuant to the Darfur Peace
Agreement, areas inside internally displaced persons camps
and demilitarised zones around and inside internally
displaced persons camps, in order to promote the
re-establishment of confidence, to discourage violence, in
particular by deterring use of force;

(e) To monitor trans-border activities of armed groups along
the Sudanese borders with Chad and the Central African
Republic in particular through regular ground and aerial
reconnaissance activities;

(f) To assist with development and implementation of a
comprehensive and sustainable programme for disarmament,
demobilisation and reintegration of former combatants and
women and children associated with combatants, as called for
in the Darfur Peace Agreement and in accordance with
Resolutions 1556 (2004) and 1564 (2004);

(g) To assist the parties, in co-operation with other
international actors, in the preparations for and conduct of
referendums provided for in the Darfur Peace Agreement;


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(h) To assist the parties to the Agreements in promoting
understanding of the peace accord and of the role of UNMIS,
including by means of an effective public information
campaign, targeted at all sectors of society, in
co-ordination with the African Union;

(i) To co-operate closely with the Chairperson of the
Darfur-Darfur Dialogue and Consultation (DDDC),provide
support and technical assistance to him, and co-ordinate
other United Nations agencies' activities to this effect, as
well as to assist the parties to the DDDC in addressing the
need for an all-inclusive approach, including the role of
women, towards reconciliation and peace-building;

(j) To assist the parties to the Darfur Peace Agreement, in
coordination with bilateral and multilateral assistance
programmes, in restructuring the police service in the Sudan,
consistent with democratic policing, to develop a police
training and evaluation programme, and to otherwise assist in
the training of civilian police;

(k) To assist the parties to the Darfur Peace Agreement in
promoting the rule of law, including
an independent judiciary and the protection of human rights
of all people of the Sudan through a comprehensive and
coordinated strategy with the aim of combating impunity and
contributing to long-term peace and stability and to assist
the parties to the Darfur Peace Agreement to develop and
consolidate the national legal framework;

(l) To ensure an adequate human rights and gender presence,
capacity and expertise within UNMIS to carry out human rights
promotion, civilian protection and monitoring activities that
include particular attention to the needs of women and
children;

Decides further that the mandate of UNMIS in Darfur shall
also include the following:

(a) To facilitate and co-ordinate in close co-operation with
relevant UN agencies, within its capabilities and in its
areas of deployment, the voluntary return of refugees and
internally displaced persons, and humanitarian assistance
inter alia by helping to establish the necessary security
conditions in Darfur;

(b) To contribute towards international efforts to protect,
promote and monitor human rights in Darfur, as well as to
co-ordinate international efforts towards the protection of
civilians with particular attention to vulnerable groups
including internally displaced persons, returning refugees,
and women and children;

(c) To assist the parties to the Agreements, in co-operation
with other international partners in the mine action sector,
by providing humanitarian de-mining assistance, technical
advice, and co-ordination, as well as mine awareness
programmes targeted at all sectors of society;

(d) To assist in addressing regional security issues in close
liaison with international efforts to improve the security
situation in the neighbouring regions along the borders
between the Sudan and Chad and between the Sudan and the
Central African Republic, including through the establishment
of a multi-dimensional presence consisting of political,
humanitarian, military and civilian police liaison officers
in key locations in Chad, including in internally
displaced persons and refugee camps, and if necessary, in the
Central African Republic, and to contribute to the
implementation of the Agreement between the Sudan and Chad
signed on 26 July 2006;


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Calls upon all Member States to ensure the free, unhindered
and expeditious movement to the Sudan of all personnel, as
well as equipment, provisions, supplies and other goods,
including vehicles and spare parts, which are for the
exclusive and official use of UNMIS in Darfur;

Requests the Secretary-General to keep the Council regularly
informed of the progress in implementing the Darfur Peace
Agreement, respect for the cease-fire, and the implementation
of the mandate of UNMIS in Darfur, and to report to the
Council, as appropriate, on the steps taken to implement this
resolution and any failure to comply with its demands;

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

(a) Decides that UNMIS is authorised to use all necessary
means, in the areas of deployment of its forces and as it
deems within its capabilities:

- to protect United Nations personnel, facilities,
installations and equipment, to ensure the security and
freedom of movement of United Nations personnel, humanitarian
workers, assessment and evaluation commission personnel, to
prevent disruption of the implementation of the Darfur Peace
Agreement by armed groups, without prejudice to the
responsibility of the Government of the Sudan, to protect
civilians under threat of physical violence,

- in order to support early and effective implementation of
the Darfur Peace Agreement, to prevent attacks and threats
against civilians,

- to seize or collect, as appropriate, arms or related
material whose presence in Darfur is in violation of the
Agreements and the measures imposed by paragraphs 7 and 8 of
resolution 1556, and to dispose of such arms and related
material as appropriate;

(b) Requests that the Secretary-General and the Governments
of Chad and the Central African Republic conclude
status-of-forces agreements as soon as possible, taking into
consideration General Assembly resolution 58/82 on the scope
of legal protection under the Convention on the Safety of
United Nations and Associate Personnel, and decides that
pending the conclusion of such an agreement with either
country, the model status-of-forces agreement dated 9 October
1990 (A/45/594) shall apply provisionally with respect to
UNMIS forces operating in that country;

Requests the Secretary-General to report to the Council on
the protection of civilians in refugee and internally
displaced persons camps in Chad and on how to improve the
security situation on the Chadian side of the border with
Sudan;

Calls upon the parties to the Darfur Peace Agreement to
respect their commitments and implement the agreement without
delay, urges those parties that have not signed the Agreement
to do so without delay and not to act in any way that would
impede implementation of the Agreement, and reiterates its
intention to take, including in response to a request by the
African Union, strong and effective measures, such as an
asset freeze or travel ban, against any individual or group
that violates or attempts to block the implementation of the
Agreement or commits human rights violations;

Decides to remain seized of the matter.


6. (U) End UNSCR 1706 text.
BOLTON