UNMIT ADOPTION, FEBRUARY 26, 2009

UNCLAS SECTION 01 OF 03 STATE 017235

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNSC KPKO TT
SUBJECT: UNMIT ADOPTION, FEBRUARY 26, 2009

(U) 1. This is an action request. USUN should vote in favor
of the resolution text below, extending the mandate of the UN
Integrated Mission in Timor-Leste (UNMIT) until February 26,

2010.

Begin text.

The Security Council,

Reaffirming all its previous resolutions and statements on
the situation in Timor-Leste, in particular its resolutions
1599 (2005) of 28 April 2005, 1677 (2006) of 12 May 2006,
1690 (2006) of 20 June 2006, 1703 (2006) of 18 August 2006,
1704 (2006) of 25 August 2006, 1745 (2007) of 22 February
2007 and 1802 (2008) of 25 February 2008,

Welcoming the report of the Secretary-General of 4 February
2009 (S/2009/72),

Reaffirming its full commitment to the sovereignty,
independence, territorial integrity and national unity of
Timor-Leste and the promotion of long-term stability in the
country,

Welcoming the improvements in the political and security
situation in Timor-Leste, which has recovered from the 2006
crisis and the events of 11 February 2008, and noting that
the current political and security situation, although
generally calm, remains fragile,

Welcoming the Government sponsored six-week nationwide
weapons collection campaign which ended on 31 August 2008
with the support of the United Nations Integrated Mission in
Timor-Leste (UNMIT) and the international security forces and
the destruction of the collected weapons on the United
Nations Day of that year,

Commending the political leadership and state institutions of
Timor-Leste for restoring and securing stability, and
welcoming the return of a significant number of internally
displaced persons and the disbandment of the &petitioners8
group, while recognizing the importance of additional
measures to achieve meaningful reconciliation and their
reintegration into their respective communities,

Reiterating its call on the leadership and other stakeholders
in Timor-Leste to continue to pursue peaceful dialogue and to
avoid violent means to resolve differences,

Welcoming the efforts of the political leadership of
Timor-Leste to create opportunities for all the political
parties to make contributions to issues of national interest,

Reaffirming the need for respect for the independence of the
judiciary and its responsibility, welcoming the conviction of
the leaders of Timor-Leste on the need for justice and their
determination to act against impunity, and in this regard
acknowledging the serious resource constraints of the
judicial system and encouraging the leadership of Timor-Leste
to continue efforts to establish accountability for serious
criminal offences committed during the 2006 crisis as
recommended by the Independent Special Commission of Inquiry,

Recalling its previous statements on the need to implement
fully the &Arrangement on the Restoration and Maintenance of
Public Security in Timor-Leste and Assistance to the Reform,
Restructuring and Rebuilding of the Polcia Nacional de
Timor-Leste (PNTL) and the Ministry of Interior8, concluded
between the Government of Timor-Leste and UNMIT on 1 December
2006, and in this regard, stressing the need for constructive
engagement between UNMIT police and the PNTL with a view to
developing the capacity and capability of the national police,

Expressing its full support for the role of the international
security forces in assisting the Government of Timor-Leste
and UNMIT, in the restoration and maintenance of law and
stability, in response to the requests of the Government of
Timor-Leste,

Expressing concern with the increase in poverty among the
Timorese population, as indicated in the report of the
Secretary-General, and underlining the importance of
continued support for socio-economic development of
Timor-Leste,

Recalling that while the manifestations of the current
challenges in Timor-Leste are political and institutional in

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nature, poverty and its associated deprivations also
contribute to these challenges, paying tribute to
Timor-Leste,s bilateral and multilateral partners for their
invaluable assistance, particularly with regard to
institutional capacity-building and social and economic
development, and recognizing the progress being made in the
development of many aspects of governance in Timor-Leste,

Reaffirming its resolutions 1325 (2000) and 1820 (2008) on
women, peace and security, and 1502 (2003) on the protection
of humanitarian and United Nations personnel, and welcoming
the cooperation of UNMIT with other UN partners to support
the Government's effort to develop a national gender equality
policy and strategy,

Recognizing the important role that UNMIT continues to play
in promoting peace, stability and development in Timor-Leste,
and expressing its appreciation for the efforts of UNMIT and
the United Nations Country Team, under the leadership of the
Special Representative of the Secretary-General (SRSG),


1. Decides to extend the mandate of UNMIT until 26 February
2010 at the current authorized levels;


2. Urges all parties in Timor-Leste, in particular political
leaders, to continue to work together and engage in political
dialogue and consolidate peace, democracy, rule of law,
sustainable social and economic development, advancement of
protection of human rights and national reconciliation in the
country, and reaffirms its full support for the continued
efforts of the SRSG aimed at addressing critical political
and security-related issues facing the country, including
enhancing a culture of democratic governance, through
inclusive and collaborative processes, including the expanded
High-Level Coordination Committee and the Trilateral
Coordination Forum;


3. Requests UNMIT to extend the necessary support, within its
current mandate, for local elections currently planned for
2009, responding to the request from the Government of
Timor-Leste, and encourages the international community to
assist in this process;


4. Reaffirms the continued importance of the review and
reform of the security sector in Timor-Leste, in particular
the need to delineate between the roles and responsibilities
of the Falintil-Foras de Defesa de Timor-Leste (F-FDTL) and
the PNTL, to strengthen legal frameworks, and to enhance
civilian oversight and accountability mechanisms of both
security institutions, and requests UNMIT to continue to
support the Government of Timor-Leste in these efforts;


5. Supports the gradual resumption of policing
responsibilities by the PNTL beginning in 2009 through a
phased approach, while emphasizing that the PNTL must meet
the criteria mutually agreed between the Government of
Timor-Leste and UNMIT as set out in paragraph 21 of the
report of the Secretary-General to guarantee the PNTL,s
readiness for the resumption of such responsibilities in any
given district or unit, and requests the Government of
Timor-Leste and UNMIT to cooperate with each other to
implement the resumption process, and requests UNMIT to
continue to ensure, through the presence of UNMIT police
component and the provision of support to the PNTL, the
maintenance of public security in Timor-Leste, which includes
interim law enforcement and public security until the PNTL is
fully reconstituted;


6. Underscores the need for the concept of operations and
rules of engagement to be regularly updated as necessary and
to be fully in line with the provisions of this resolution,
and requests the Secretary-General to report on them to the
Security Council and troop and police contributing countries
within 90 days after the adoption of this resolution;


7. Requests UNMIT, working with partners, to intensify its
efforts to assist with further training, mentoring,
institutional development and strengthening of the PNTL with
a view to enhancing its effectiveness, including with respect
to addressing the special needs of women;


8. Reaffirms the importance of ongoing efforts to achieve
accountability and justice, and underlines the importance of
the implementation by the Government of Timor-Leste of the
recommendations of the United Nations Special Commission of
Inquiry report of 2006((S/2006/822),including paragraphs 225
through 228 of the report);


9. Underlines the importance of a coordinated approach to the
justice sector reform, based on needs assessment, and the
ongoing need to increase Timorese ownership and strengthen

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national capacity in judicial line functions, including the
training and specialization of national lawyers and judges;


10. Emphasizes the need for sustained support of the
international community to Timor-Leste to develop and
strengthen its institutions and further build capacities in
the justice sector;


11. Requests UNMIT to continue its efforts, adjusting them as
necessary to enhance the effectiveness of the judiciary, in
assisting the Government of Timor-Leste in carrying out the
proceedings recommended by the Commission of Inquiry;


12. Calls upon UNMIT to continue to support the Government of
Timor-Leste in its efforts to coordinate donor cooperation in
areas of institutional capacity-building;


13. Takes note of the Timor-Leste National Recovery Strategy
and the Government's declaration of 2009 as the year of
infrastructure, rural development and human resources
capacity development, and in this regard, calls upon UNMIT to
continue to cooperate and coordinate with the United Nations
agencies, funds and programmes, as well as all relevant
partners, to support the Government of Timor-Leste and
relevant institutions in designing poverty reduction,
promotion of sustainable livelihood and economic growth
policies;


14. Encourages the Government of Timor-Leste to strengthen
peacebuilding perspectives in such areas as integration of
internally displaced persons, employment and empowerment,
especially focusing on rural areas and youth, as well as
local socio-economic development including agricultural
activities;


15. Requests UNMIT to fully take into account gender
considerations as set out in Security Council resolutions
1325(2000) and 1820(2008) as a cross-cutting issue throughout
its mandate, and further requests the Secretary-General to
include in his reporting to the Security Council progress on
gender mainstreaming throughout UNMIT and all other aspects
relating to the situation of women and girls, especially on
the need to protect them from gender-based violence,
detailing special measures to protect women and girls from
such violence;


16. Requests the Secretary-General to continue to take the
necessary measures to ensure full compliance by UNMIT with
the United Nations zero tolerance policy on sexual
exploitation and abuse and to keep the Council informed, and
urges those countries contributing troops and police to take
appropriate preventive action and to ensure full
accountability in cases of such conduct involving their
personnel;


17. Further requests the Secretary-General to keep the
Security Council regularly informed of the developments on
the ground, including those related to preparation for the
planned local elections, and on the implementation of this
resolution, including in particular progress on transfer of
the policing responsibility from UNMIT to the PNTL, and to
submit to the Security Council, no later than 30 September
2009, a report reviewing, inter alia, the resumption of
policing responsibilities by the PNTL, and, no later than 1
February 2010, a report which includes possible adjustments
in UNMIT,s mandate and strength;


18. Welcomes the work undertaken by the Secretary-General and
the Government of Timor-Leste to develop a medium-term
strategy and establish benchmarks for measuring and tracking
progress in Timor-Leste, and assessing the level and form of
United Nations support while keeping the benchmarks under
active review, and underlines the importance of ownership of
the strategy by the leaders and people of Timor-Leste in this
process;


19. Decides to remain seized of the matter.

End text.
CLINTON