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Viewing cable 09STATE43723, USUN INSTRUCTION: UNMIS RESOLUTION RENEWAL

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Reference ID Created Released Classification Origin
09STATE43723 2009-04-30 02:46 2011-08-24 16:30 UNCLASSIFIED Secretary of State
VZCZCXRO2754
OO RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUEHC #3723/01 1200307
ZNR UUUUU ZZH
O 300246Z APR 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 5881
INFO DARFUR COLLECTIVE IMMEDIATE
UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
UNCLAS SECTION 01 OF 05 STATE 043723 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL KPKO UNSC SU
SUBJECT: USUN INSTRUCTION: UNMIS RESOLUTION RENEWAL 
 
REF: STATE 38033 
 
1.  This is an action request.  USUN is requested to 
sponsor before the Security Council and vote for the 
resolution set forth in paragraph 2 extending the mandate 
of the UN Mission in Sudan.  If necessary, to avoid the 
introduction of references to the ICC, USUN may accept 
substitute language proposed by Turkey or similar 
language 
in reference to the expulsions of non-governmental 
organizations in Sudan, in preamble paragraph 9 and 
operative paragraph 13: 
 
Turkish text proposed for PP9: 
 
Expressing its concern for the negative impact of the 
reduced humanitarian assistance to the civilian 
populations throughout Sudan caused by the expulsion of 
humanitarian and development assistance organizations and 
the potential for increased insecurity in the Three 
Areas, 
southern Sudan, and Darfur, 
 
Turkish text proposed for OP13: 
 
Expresses its concern for the health and welfare of the 
civilian populations placed in jeopardy by the March 4 
expulsion and closure of humanitarian organizations in 
Sudan; and noting the potential negative impact this 
decision could have on the CPA, and calls upon the 
parties 
to the CPA and the communiqu signed between the United 
Nations and the Government of National Unity in Khartoum 
on 28 March 2007 to support, protect, and facilitate all 
humanitarian operations and personnel in the Sudan. 
 
End text proposed by Turkey. 
 
No reference to the International Criminal Court or 
Article 16 should be accepted.  USUN should seek 
additional Department guidance if further substantive 
changes are made to the text below. 
 
2.  Begin text: 
 
        The Security Council, 
 
        Recalling all its resolutions and presidential 
statements concerning the situation in the Sudan, 
 
        Reaffirming its previous resolutions 1674 (2006) 
on the protection of civilians in armed conflict, which 
reaffirms, inter alia, the relevant provisions of the 
United Nations World Summit outcome document, 1612 (2005) 
on children in armed conflict, 1502 (2003) on the 
protection of humanitarian and United Nations personnel, 
and 1325 (2000) and 1820 (2008) on women, peace, and 
security, 
 
        Taking note of the report of the Secretary-General 
on Sudan dated January 30, 2009 (S/2009/6l), the report 
on 
Children and Armed Conflict in Sudan dated February 10, 
2009 (S/2009/84), including his recommendations, and 
taking note of the report on Children and Armed Conflict 
in the Sudan (S/2007/520) dated 29 August 2007, and 
recalling the conclusions endorsed by the Security 
Council 
Working Group on Children and Armed Conflict in the Sudan 
S/AC.51/2008/7, 
 
        Reaffirming its commitment to the sovereignty, 
unity, independence, and territorial integrity of the 
Sudan and to the cause of peace throughout the region, 
 
        Commending the work of the United Nations Mission 
in Sudan (UNMIS) in support of the Comprehensive Peace 
Agreement (CPA), and commending the continuing commitment 
by troop and police contributing countries in support of 
this mission, 
 
        Stressing its firm commitment to the cause of 
peace and stability throughout Sudan and the region, 
noting the importance of the full implementation of the 
Comprehensive Peace Agreement of January 9, 2005 and 
recognizing that the CPA has reached a critical stage, 
 
 
STATE 00043723  002 OF 005 
 
 
        Encouraging all parties to continue to take 
positive action in order to consolidate and build upon 
the 
achievements since 2005 and reaffirming UNMIS' invaluable 
support for these efforts, 
 
        Condemning all acts and forms of violence 
perpetrated by any party that prevent or hinder peace and 
stability in Sudan and the region, and deploring its 
effect in particular on women and children, 
 
        Deploring the potential for increased insecurity 
in the Three Areas, southern Sudan, and Darfur, and the 
reduced humanitarian assistance to the civilian 
populations throughout Sudan caused by the expulsion of 
humanitarian and development assistance organizations, 
and 
the negative impact the expulsions will have on the 
health, safety, and welfare of displaced persons, 
refugees 
and other vulnerable and conflict-affected populations 
reliant on this assistance, 
 
        Commending the continuing work of the Assessment 
and Evaluation Commission (AEC), 
 
        Recalling the commitment of the international 
community to support the CPA process, including through 
development assistance, and urging donors to support 
implementation of the CPA and to honor all pledges of 
financial and material support, 
 
        Noting with concern recent indications of 
increased tension between Chad and the Sudan, emphasizing 
the importance of normalized relations to achieving peace 
in the region, encouraging Chad and Sudan to work with 
regional partners to implement the Dakar Agreement and 
welcoming the role played in particular by the Government 
of Libya in support of the Dakar process; 
 
        Recalling the importance of free and fair 
elections, including the planned national elections, for 
national reconciliation, consolidation of democracy, and 
the restoration of peace and stability; 
 
        Noting with deep concern the inability to reach 
agreement on the funding of the Abyei Interim 
Administration thereby preventing it from reducing 
political instability and insecurity in the Abyei region, 
 
        Welcoming increased cooperation among UNMIS, the 
UN Mission in the Democratic Republic of the Congo 
(MONUC), the UN Mission in Darfur (UNAMID), and the UN 
Mission in the Central African Republic and Chad 
(MINURCAT), and looking forward to the sharing of 
information among them to help counter regional threats 
such as the LRA; 
 
        Determining that the situation in the Sudan 
continues to constitute a threat to international peace 
and security, 
 
1.  Decides to extend the mandate of UNMIS until April 
30, 
2010, with the intention to renew it for further periods 
as may be required; 
 
2.  Requests the Secretary General to report to the 
Council every three months on the implementation of the 
mandate of UNMIS, including with a specific update on the 
military situation, as well as on progress on 
implementation of the CPA and respect for the cease fire, 
and to provide an assessment and recommendations on 
measures UNMIS might take to further support elections 
and 
advance the peace process; 
 
3.  Welcomes the military capability review conducted 
into 
UNMIS' deployment, stresses the importance of appropriate 
and flexible deployment of UNMIS in order to address the 
most likely points of conflict, in particular in areas 
where civilians are under threat of violence, and 
requests 
regular reviews of deployment and implementation of 
recommendations to ensure that the force is best placed 
to 
support the implementation of the CPA; 
 
4.  Stresses the importance of full and expeditious 
implementation of all elements of the CPA, implementation 
 
STATE 00043723  003 OF 005 
 
 
of the Abyei Roadmap, agreements on Darfur, and the 
October 2006 Eastern Sudan Peace Agreement, and calls 
upon 
all parties to respect and abide by their commitments to 
these agreements without delay; 
 
5.  Welcomes the parties' sustained commitment to work 
together in the Government of National Unity (GNU) and 
urges the continued cooperation of the National Congress 
Party (NCP) and the Sudan People's Liberation Movement 
(SPLM) in carrying out their responsibilities in further 
implementing the CPA; 
 
6.  Stresses the critical role of the AEC in overseeing 
and reporting on implementation of the CPA; and urges all 
parties to cooperate fully with the AEC and implement its 
recommendations; 
 
7.  Calls for all parties to afford full and unrestricted 
access to UNMIS in monitoring and verification of the 
Abyei region, without prejudice to the final agreement on 
the Abyei boundaries, and urges UNMIS, consistent with 
its 
current mandate and within its means and capabilities, to 
consult with the parties, and to deploy, as appropriate, 
sufficient personnel to the Abyei region to improve 
conflict prevention efforts and security to the civilian 
population, 
 
8.  Welcomes the parties agreement to submit the Abyei 
boundary dispute to the Abyei Arbitration Tribunal of the 
Permanent Court of Arbitration for resolution; calls upon 
the parties to abide by and implement the Tribunal's 
decision on the final settlement of the Abyei boundary 
dispute; urges the parties to reach agreement on the 
funding of the Interim Administration in accordance with 
the CPA; and urges all parties to redeploy their military 
forces away from the disputed 1 January 1956 border in 
accordance with the CPA; 
 
9.  Welcomes the completion of the enumeration phase and 
technical analysis of the national census, expresses 
concern about the delay in announcing the results, and 
urges the parties to reach agreement expeditiously on the 
2008 national census results in a way that does not 
increase tensions; 
 
10.  Urges all Sudanese parties to continue to 
demonstrate 
their full commitment to the democratic process by 
preparing expeditiously for the conduct of peaceful, 
transparent, and credible elections in February 2010 as 
recommended by the NEC; 
 
11.  Requests UNMIS, consistent with its mandate and 
within its current capabilities, to support the NEC in 
preparing for credible national elections, including 
through the provision of assistance and advice, as 
required, on security preparations and coordinating UN 
election support efforts in close collaboration with 
UNDP, 
and ensuring that UNMIS' efforts are complementary to 
those of the international community and the parties to 
the CPA, and urges the international community to provide 
technical and material assistance, including electoral 
observation capacity as called for by the CPA, to support 
credible elections; 
 
12.  Recalls the CPA's provision for referenda, including 
the parties' responsibility to pursue efforts to make 
unity attractive, and reaffirming UNMIS' support for 
these 
efforts, and requests that UNMIS be prepared to provide 
assistance to the parties, if requested, to support 
preparations for  Southern Sudan and Abyei Referenda in 
2011; 
 
13.  Expresses its concern for the health and welfare of 
the civilian populations placed in jeopardy by the March 
4 
expulsion and closure of humanitarian organizations in 
Sudan; and noting the potential negative impact this 
decision could have on the CPA, demands the parties to 
the 
CPA to grant immediate, full, and unimpeded access by 
humanitarian personnel throughout Sudan to all persons in 
need of assistance as provided for in applicable 
international law; and calls upon the parties to support, 
protect, and facilitate all humanitarian and development 
operations and personnel in the Sudan; 
 
 
STATE 00043723  004 OF 005 
 
 
14.  Reaffirms UNMIS' obligation to provide security to 
the civilian population, refugees, displaced persons, 
returnees, humanitarian and development actors and UN 
personnel under imminent threat of violence as stated in 
resolution 1590 (2005), and emphasizes, in particular, 
the 
need for UNMIS to make full use of its current mandate 
and 
capabilities with regard to the activities of militias 
and 
from armed groups such as the Lord's Resistance Army, as 
stated in resolution 1663 (2006); 
 
15.  Deplores the persistent localized conflict and 
violence and its effect on civilians, especially within 
Southern Sudan, and the continuing potential for violence 
and calls upon UNMIS to strengthen its conflict 
management 
capacity by completing as soon as possible its integrated 
strategy to support local tribal conflict resolution 
mechanisms in order to maximize protection of civilians; 
and calls again upon UNMIS, consistent with its current 
mandate and capabilities,  and in its areas of 
deployment, 
to proactively conduct patrols in areas at high risk of 
localized conflict, 
 
16.  Notes that conflict in one area of Sudan affects 
conflict in other areas of Sudan and in the region, and 
therefore urges UNMIS, consistent with its current 
mandate, to cooperate closely with all UN entities 
operating in the region, including the AU-UN Joint 
Mediation Support Team and other stakeholders, so that 
implementation of these bodies' mandates supports the 
overall objective of peace in Sudan and the region; 
 
17.  Requests UNMIS, acting within its current mandate 
and 
within its current means and capabilities, to provide 
technical and logistical support to the Technical ad hoc 
Border Committee, as requested, to help the parties 
urgently conclude the process of demarcation of the 1956 
North/South border, in accordance with the CPA; 
 
18.  Requests UNMIS to make an assessment of the 
implementation of the concepts of JIUs and JIPUs and 
international support for security sector reform within 
the framework of the CPA; stresses the important role of 
the JIUs for the full implementation of the CPA; calls 
upon the Joint Defense Board to exercise command, control 
and management of the JIUs; requests UNMIS to explore 
ways 
to support Sudanese efforts to build JIU capabilities, 
and 
urges donors to offer support, both materiel and 
training, 
coordinated by UNMIS in consultation with the Joint 
Defense Board, to enable the full establishment and 
operational effectiveness of JIUs and JIPUs as soon as 
possible; 
 
19.  Encourages UNMIS, consistent with its mandate, and 
within authorized levels of civilian police, to continue 
efforts to assist the parties to the CPA in promoting the 
rule of law, restructuring the police and corrections 
services throughout Sudan, and assisting in the training 
of civilian police and corrections officers; 
 
20.  Encourages the parties to undertake a prioritized 
roll-out of disarmament, demobilization, and 
reintegration 
(DDR) in all states, and requests UNMIS to work closely 
with the Sudanese Armed Forces (SAF) and the Sudan 
People' 
s Liberation Army (SPLA) to assist in voluntary 
disarmament and weapons collection and destruction 
efforts 
in implementation of DDR under the CPA; 
 
21.  Further urges donors to respond to calls for 
assistance to the DDR process, in particular the 
reintegration phase; 
 
22.  Requests UNMIS, consistent with its mandate and in 
coordination with the relevant parties and taking into 
account the need to pay particular attention to the 
protection, release and reintegration of children 
recruited to and participating with armed forces and 
armed 
groups, to increase its support for the National DDR 
Coordination Council and the Northern and Southern DDR 
 
STATE 00043723  005 OF 005 
 
 
Commissions with special emphasis on reintegrating such 
children with their families, and to monitor the 
reintegration process; 
 
23.  Welcomes the continuing organized return of 
internally displaced persons and refugees to the Three 
Areas and southern Sudan, and encourages the promotion of 
efforts, including the provision of necessary resources 
to 
the Office of the United Nations High Commissioner for 
Refugees and implementing partners, to ensure that such 
returns are voluntary and sustainable; and requests 
UNMIS, 
within its current mandate, capabilities and areas of 
deployment, to coordinate with partners to facilitate 
sustainable returns, including by helping to establish 
and 
maintain the necessary security conditions; 
 
24.  Calls upon the GNU to cooperate fully with all the 
United Nations operations within its territory in the 
implementation of their mandates; 
 
25.  Reiterates its concern over the restrictions and 
impediments placed on UNMIS personnel and materiel, and 
the adverse impact such restrictions and impediments have 
on UNMIS' ability to perform its mandate effectively and 
on the ability of the humanitarian community to reach 
affected persons; and calls in this regard for all 
parties 
to cooperate fully with UNMIS and to facilitate the 
performance of its mandate, and to abide by their 
obligations under international humanitarian law; 
 
26.  Stresses the importance of achievable and realistic 
targets against which the progress of UN peacekeeping 
operations can be measured; in this regard, requests the 
Secretary General to develop benchmarks for measuring and 
tracking progress in the implementation of UNMIS' 
mandate; 
further requests the Secretary General to include in his 
next quarterly report an assessment of progress made 
against these benchmarks, as well as any consequent 
recommendations regarding UNMIS' configuration. 
 
27.  Underscores the importance that the military concept 
of operations and rules of engagement be regularly 
updated 
and be fully in line with the provisions of the UNMIS 
mandate under relevant Security Council resolutions, and 
requests the Secretary-General to report on them to the 
Security Council and Troop Contributing Countries; 
 
28.  Requests the Secretary-General to continue to take 
the necessary measures to ensure full compliance by UNMIS 
with the United Nations zero-tolerance policy on sexual 
exploitation and abuse and to keep the Council fully 
informed, and urges troop contributing countries to take 
appropriate preventive action including redeployment 
awareness training, and other action to ensure full 
accountability in cases of such conduct involving their 
personnel; 
 
29.  Decides to remain actively seized of this matter. 
CLINTON