LegalizeΑποφάσεις - Ανακοινώσεις — ΦΕΚ A' 285/2013
ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ
ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ
ΤΕΥΧΟΣ ΠΡΩΤΟ Αρ. Φύλλου 285 27 Δεκεμβρίου 2013 ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.3400.1/ΑΣ61820 Απόφαση 2127 (2013) του Συμβουλίου Ασφαλείας Ο.Η.Ε., σχετικά με την Κεντροαφρικανική Δημοκρατία. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Τη διάταξη του άρθρου 1 του Α.Ν. 92 της 3/10.8.67 «Περί εφαρμογής αποφάσεων του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών και περί εγκρίσεως και εφαρμογής συστάσεων του Συμβουλίου Ασφαλείας και της Γενικής Συνελεύσεως». Προβαίνουμε στη δημοσίευση της απόφασης 2127 (2013) του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών η οποία είναι, δυνάμει του άρθρου 25 του Χάρτη των Ηνωμένων Εθνών που κυρώθηκε με τον Α.Ν. 585/1945, υποχρεωτική για τα κράτη μέλη του Οργανισμού και παραγγέλλουμε την αυστηρή τήρηση και συμμόρφωση προς τις διατάξεις της απόφασης αυτής. Κατωτέρω παρατίθεται το κείμενο της απόφασης στην αγγλική γλώσσα και σε ελληνική μετάφραση. 5257 on 5 December 2013 The Security Council, Recalling its previous resolutions and statements on the Central African Republic (CAR), in particular resolution 2121 (2013), Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and unity of the CAR, and recalling the importance of the principles of good-neighbourliness and regional cooperation, Expressing deep concern at the continuing deterioration of the security situation in the CAR, characterized by a total breakdown in law and order, the absence of the rule of law, intersectarian tensions and further expressing its grave concern about the consequences of instability in the CAR, on the central African region and beyond, and stressing in this regard the need for the international community to respond swiftly, Remaining seriously concerned by multiple and increasing violations of international humanitarian law and the widespread human rights violations and abuses, notably by former Seleka and militia groups, in particular those known as the “antibalaka”, including those involving extrajudicial killings, enforced disappearances, arbitrary arrests and detention, torture, sexual violence against women and children, rape, recruitment and use of children and attacks against civilians, Underlying its particular concern at the new dynamic of violence and retaliation and the risk of it degenerating into a countrywide religious and ethnic divide, with the potential to spiral into an uncontrollable situation, including serious crimes under international law in particular war crimes and crimes against humanity, with serious regional implications, Further expressing concern at the insufficient capacity of the police, justice and corrections institutions to hold perpetrators of such violations and abuses accountable, Condemning all violence targeting members of ethnic and religious groups and their leaders and encouraging all parties and stakeholders in the CAR to support and contribute effectively, with the assistance of the international community, to intercommunal and interfaith dialogues, aiming at alleviating the current tensions on the ground, Reiterating that all perpetrators of such acts must be held accountable and that some of those acts may amount to crimes under the Rome Statute of the International Criminal Court (ICC), to which the CAR is a State party, and further recalling the statement made by the Prosecutor of the ICC on 7 August 2013, Reiterating its condemnation of the devastation of natural heritage and noting that poaching and trafficking of wildlife are among the factors that fuel the crisis in the CAR, Noting the decision by the Kimberley Process to suspend the CAR, Welcoming the report of the Secretary-General dated 15 November 2013, on the situation in the CAR and on the planning of MISCA and taking note of the detailed options for international support to MISCA, Recalling that the Transitional Authorities have the primary responsibility to protect the civilian population, Further recalling its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the protection of civilians in armed conflict, its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012) on Children and Armed Conflict and its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013) on Women, Peace and Security and calling upon the parties in the CAR to engage with the Special Representative on Children and Armed Conflict and the Special Representative on Sexual Violence in Conflict, Stressing the importance that the Transitional Authorities ensure women’s full and equal participation in all discussions pertinent to the resolution of the conflict and in all phases of electoral processes, Emphasizing the risk of the situation in the CAR providing a conducive radical networks, Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in the CAR arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, Expressing continued concern about the activity of the Lord’s Resistance Army (LRA) in the CAR due in part to the prevailing security situation, Reiterating its serious concern at the worsening humanitarian situation in the CAR, strongly condemning the repeated attacks on UN staff and humanitarian personnel, goods, assets and premises and the looting of humanitarian aid which have resulted in obstructing the delivery of humanitarian aid, Underscoring the importance of respecting the United Nations guiding principles of humanitarian assistance, including neutrality, impartiality, humanity and independence in the provision of humanitarian assistance, Urging all parties to take the necessary steps to ensure the safety and security of humanitarian personnel and United Nations and its associated personnel and their assets, Recalling the letter of its President dated 29 October, approving the deployment of a guard unit to the CAR as part of BINUCA and taking note of the Secretary-General’s letter of 26 November 2013 highlighting progress towards the deployment of a guard unit within BINUCA, as well as the consent of the Transitional Authorities as expressed on 5 November for such a guard unit and welcoming in this regard the contribution of the Kingdom of Morocco to this unit, Welcoming the decision of the African Union Peace and Security Council (AU-PSC) on 19 July 2013 to authorize the deployment of the “African-led International Support Mission in the CAR” (referred to hereafter as MISCA), as well as the adoption of a new concept of operation on 10 October 2013, Reiterating its appreciation for the ongoing efforts of the Economic Community of Central African States (ECCAS) and its Mediator regarding the CAR crisis, as well as the efforts of the African Union to resolve the crisis, and the efforts of the International Contact Group on the CAR, Welcoming the strong engagement of the European Union (EU) for the CAR, in particular the Foreign Affairs Council conclusions of 21 October 2013 and the commitment of the EU to contribute financially to the deployment of MISCA within the framework of the African Peace Facility, further welcoming ongoing discussions within the EU on possible additional support, Welcoming the efforts made by the Secretariat to expand and improve the roster of experts for the Security Council Subsidiary Organs Branch, bearing in mind the guidance provided by the Note of the President (S/2006/997), Taking note of the declaration adopted by the International Contact Group on the CAR at its third meeting held in Bangui on 8 November 2013, Taking note of the AU-PSC Communiqué of 13 November 2013, which urges the Security Council to quickly adopt a resolution endorsing and authorizing the deployment of MISCA, Taking note of the letter dated 22 November 2013 from the Chair of the Peacebuilding Commission, stressing the importance of ensuring that peacebuilding needs in CAR are addressed immediately following stabilization of the security and humanitarian situation and, in this regard, emphasizing the Commission’s role in mobilizing and sustaining the attention and commitment of partners and actors in support of related United Nations and regional efforts, Taking note of the letter by the CAR authorities of 20 November 2013 requesting the support to MISCA by French forces, Underlining the importance of all subregional, regional and international organizations acting in the CAR improving their coordination with one another, Determining that the situation in the CAR constitutes a threat to international peace and security, Acting under Chapter VII of the Charter of the United Nations, third meeting held in Bangui on 8 November 2013;
Reiterates that, according to the political agreement signed in Libreville, the Prime Minister is the Head of the Government of National Unity which is in charge of implementing the priorities defined in article 5 of this agreement and urges all parties to respect this agreement;
Further reiterates that, in accordance with the African Charter on Democracy, Elections and Governance, the Libreville Agreements, the relevant ECCAS decisions and the Constitutional Charter for the Transition, the Head of Transition, the Prime Minister, the President of the National Transition Council (NTC), the Ministers and members of the NTC bureau cannot participate in the elections intended to restore the constitutional order;
Urges the Transitional Authorities to take all appropriate steps for immediate disarmament, cantonment and dismantling of all armed groups, throughout the whole territory of the country, consistent with international standards;
Demands the swift implementation of transitional arrangements referred to in paragraph 1 above, which shall lead to the holding of free, fair and transparent presidential and legislative elections 18 months after the beginning of the transition period as defined in article 102 of the Transitional Charter which took effect on 18 August 2013, and called for by the N’Djamena Declaration;
Deplores that the Transitional Authorities have made only limited progress towards the implementation of key elements of the Transitional Framework, notably regarding the organization of elections by February 2015; and in this regard, calls upon the Transitional Authorities to swiftly put in place the National Authority for the elections which will enable the United Nations to identify the technical requirements for the successful organization of elections;
Urges the Transitional Authorities to implement the “Republican Pact” signed by the transitional government on 7 November 2013, under the aegis of the Sant’Egidio, as a credible framework to promote an inclusive national dialogue between all political, social and religious parties of the country, and requests the Secretary-General, through his Special Representative for the CAR, to take appropriate steps to assist the Transitional Authorities to enhance their mediation capacity and to facilitate and strengthen such a dialogue;
Expresses its intention to closely monitor the management of the Transition and commends the role of the Special Representative of the SecretaryGeneral (SRSG) and the ECCAS mediator;
Expresses its support for BINUCA’s critical role in helping to restore the constitutional order and supporting the ongoing political process in the implementation of the Libreville agreement and the N’Djamena road map and the electoral process;
Decides that any attempt to delay, impede or violate the transitional arrangements referred to in paragraph 1 above shall be considered as an impediment to the peace process and could lead to the imposition of appropriate measures defined in paragraph 56 below; DDR/SSR
Urges Transitional Authorities to develop and implement disarmament, demobilization and reintegration (DDR) or disarmament, demobilization, repatriation, reintegration and resettlement (DDRRR) programmes including for former Seleka elements who will not be integrated into the security forces and children associated with armed forces and groups;
Further urges the Transitional Authorities to develop and to implement a comprehensive and nationally owned Security Sector Reform (SSR) programme, which includes appropriate vetting procedures to reconstitute professional, balanced and representative CAR security forces selected on the basis of the respect for human rights and nationality, and calls upon the Transitional Authorities to cooperate with BINUCA and MISCA for these purposes;
Calls on Member States, regional and international organizations, including the African Union, the United Nations and the European Union, to g p , Political process
Underlines its support for the Libreville Agreements of 11 January 2013, Rule of law
Underlines the importance of strengthening the capacity of police, justice and correction institutions to uphold the rule of law and bring to justice perpetrators of violations of international humanitarian law, international human rights law and of human rights abuses;
Further stresses the importance of strengthening support to the Transitional Authorities to enable them to address security challenges and extend state authority; Protection of natural resources
Condemns the illegal exploitation of natural resources in the CAR which contributes to the perpetuation of the conflict, and underlines the importance of bringing an end to these illegal activities, including by applying the necessary pressure on the armed groups, traffickers and all other actors involved; Promotion and protection of human rights
Strongly condemns the continued violations of international humanitarian law and the widespread human rights violations and abuses, perpetrated by armed groups, and specifically former Seleka elements, anti-Balaka elements and the LRA, that threaten the population and stresses that the perpetrators of such violations should be brought to justice;
Urges the Transitional Authorities to ensure, without delay, that all perpetrators of violations and abuses of human rights and violations of international humanitarian law are held accountable;
Expresses deep concern at the escalation of interreligious and intercommunal violence as well as violence targeting members of ethnic and religious groups and their leaders, and urges all parties and stakeholders in CAR, with the assistance of the international community, to work together in order to strengthen intercommunal and interfaith dialogues, to prevent further deterioration of the situation on the ground;
Reiterates its demands that all armed groups, in particular former Seleka elements and anti-Balaka elements, prevent and end the recruitment and use of children, that all parties protect and consider as victims those children who have been released or otherwise separated from armed forces and armed groups, and emphasizes the need to pay particular attention to the protection, release and reintegration of all children associated with armed groups;
Underscores the primary responsibility of the Transitional Authorities to protect the population, as well as to ensure the security and unity in its territory, and stresses their obligation to ensure respect for international humanitarian law, human rights law and refugee law;
Calls upon all parties to armed conflict in the CAR, including former Seleka elements and anti-Balaka elements, to issue clear orders prohibiting all violations and abuses committed against children in violation of applicable international law, such as their recruitment and use, killing and maiming, abductions and attacks on schools and hospitals and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged abuses in order to hold perpetrators accountable and to ensure that those responsible for such violations and abuses are excluded from the security sector;
Calls upon all parties to armed conflict in the CAR, including former Seleka elements to issue clear orders against sexual violence, and further calls upon Transitional Authorities to make and implement specific commitments on timely investigation of alleged abuses in order to hold perpetrators accountable, in line with its resolutions 1960 (2010) and 2106 (2013), and to facilitate immediate access for victims of sexual violence to available services;
Requests that the Secretary-General rapidly establish an international commission of inquiry for an initial period of one year, including experts in both international humanitarian law and human rights law, in order immediately to investigate reports of violations of international humanitarian law, international human rights law and abuses of human rights in CAR by all parties since 1 January 2013, to compile information, to help identify the perpetrators of such violations with such a commission;
Further requests the Secretary-General to report to the Security Council on the findings of the commission of inquiry six months and one year after the adoption of this resolution;
Further requests the Secretary-General in conjunction with the High Commissioner on Human Rights (HCHR) to take appropriate steps to increase the number of human rights monitors deployed in the CAR;
Η ανάγνωση του παρόντος εγγράφου δεν αντικαθιστά την ανάγνωση του αντίστοιχου τεύχους της Εφημερίδας της Κυβερνήσεως. Δεν αναλαμβάνουμε ευθύνη για τυχόν ανακρίβειες που οφείλονται στη μετατροπή του πρωτοτύπου σε αυτή τη μορφή.