LegalizeΑποφάσεις - Ανακοινώσεις — ΦΕΚ A' 61/2023
ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.3400.1/ΑΣ14370 Απόφαση 2648 (2022) 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 3/10.8.2067 «Περί εφαρμογής αποφάσεων του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών και περί εγκρίσεως και εφαρμογής συστάσεων του Συμβουλίου Ασφαλείας και της Γενικής Συνελεύσεως» (Α’ 139). Προβαίνουμε στη δημοσίευση της υπ’ αρ. 2648 (2022) απόφασης 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. Condemning cross-border criminal activities, such as arms trafficking, illicit trade, illegal exploitation, and trafficking of natural resources, including gold, diamonds, timber, and wildlife, as well as the illicit transfer, destabilising accumulation and misuse of small arms and light weapons, that threaten the peace and stability of the CAR, also condemning the use of mercenaries and violations of international humanitarian law and human rights violations and them, calling upon the Government of CAR to enhance the existing collaboration with neighbouring countries to secure its borders and other entry points to prevent the cross-border flows of armed combatants, arms and conflict minerals, stressing the need for CAR authorities to finalise and implement, in cooperation with relevant partners, a strategy to tackle the illegal exploitation and smuggling of natural resources, and calling upon the government of CAR and neighbouring countries to work together to secure their borders, Taking note of the request of the CAR authorities to lift the arms embargo expressed in their letters of 8 June 2022 and 19 July 2022, and also taking note of the positions expressed by African regional and subregional organizations in the context of their support to the peace process, Recalling that the Security Council Committee established pursuant to resolution 2127 (2013) concerning the CAR (“the Committee”) has approved all exemption requests submitted by the CAR authorities under the framework of the arms embargo, Encouraging the CAR authorities in their further efforts towards the attainment of the key benchmarks for the review of the arms embargo measures, established in the statement of its President of 9 April 2019 (S/PRST/2019/3) (“the key benchmarks”), stressing that each Council-mandated arms embargo is context specific and is subject to periodic review by the Security Council, and underscoring its readiness to review the arms embargo measures, through inter alia suspension or progressive lifting of these measures, affirming that the key benchmarks constitute a solid cooperation framework on reform of the security sector (SSR), the disarmament, demobilization, reintegration and repatriation (DDRR) process, and the management of weapons and ammunition in the CAR, and reiterating the need for the CAR authorities to continue improving physical protection, control, management, traceability, and accountability of weapons, ammunition and military equipment transferred to their control, Welcoming the commitment demonstrated and the progress made by the CAR authorities, along with their regional and international partners, to achieve the key benchmarks, noting in particular progress achieved by the Commission nationale de lutte contre la prolifération des armes légères et de petit calibre, as well as progress towards an agreement on the national marking format, and encouraging the upcoming launch of a pilot marking project with the support of UNODC, Encouraging the CAR authorities to continue with their efforts aimed at reforming their security forces, implementing the Disarmament, Demobilisation, Reintegration and Repatriation (DDRR) programme in line with the Peace Agreement via the roadmap and operating an effective weapons and ammunition management system, calling on the CAR authorities and MINUSCA to continue strengthening their coordination, and also calling on the CAR authorities to take all appropriate measures to enhance the safety and security of United Nations personnel and equipment, Welcoming all efforts by CAR authorities towards achieving the key benchmarks in order to contribute to the advancement of the SSR process, the DDRR process and necessary weapons and ammunition management reforms, encouraging the CAR authorities to continue their progress in this regard, calling on regional and international partners to provide coordinated support to the CAR authorities in these efforts, noting in that regard the roles of MINUSCA in line with its mandate, the European Union Training Mission in the CAR (EUTM) and the African Union Observer Mission in the CAR (MOUACA), as well as joint bilateral commissions, and calling attention to the need for the CAR authorities to launch the process for marking and tracing weapons, Welcoming efforts by the Panel of Experts to investigate violations of the arms embargo, and noting its intention to hold those who violate the arms embargo accountable, Stressing that deliveries of weapons, ammunition and military equipment and the provision of technical assistance or training, to the CAR security forces and intended solely for support of or use in the CAR process of SSR, by Member States or international, regional and subregional organisations should only be used for the purposes specified in the relevant notifications and underlining their contribution to the development of CAR security sector institutions, to the response to the specific needs of the CAR defence and security forces, and to support the progressive extension of State authority, and stressing the importance of training on the proper operation of such weapons, ammunitions and military equipment to reduce risks to civilians, Stressing that the measures imposed by this resolution are not intended to have adverse humanitarian consequences for the civilian population of the CAR, Recalling the need for States to ensure that all measures taken by them to implement this resolution comply with their obligations under international law, including international humanitarian law, international human rights law and international refugee law, as applicable, Welcoming the report of the Secretary-General of 16 June 2022 (S/2022/491) submitted pursuant to resolution 2605 (2021), Taking note of the Secretary-General’s letter dated 14 June 2022 addressed to the President of the Security Council (S/2022/489) consistent with paragraph 13 of resolution 2588 (2021) and of the CAR authorities’ report addressed on 16 June 2022 to the Committee consistent with paragraph 12 of resolution 2588 (2021), Further taking note of the final report (S/2022/527) of the Panel of Experts on the CAR established pursuant to resolution 2127 (2013), expanded by resolution 2134 (2014) and extended pursuant to resolution 2588 (2021) (“the Panel of Experts”), and taking note also 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, Acting under Chapter VII of the Charter of the United Nations,
Decides that, until 31 July 2023, 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, and further decides that these measures 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 56 of resolution 2605 (2021), and other Member States’ forces providing training and assistance as notified in accordance with paragraph 1 (b) below; with MINUSCA, and as notified 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 notified to the Committee; (d) Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as notified 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 to the Committee; (g) Supplies of weapons and ammunition, military vehicles and equipment, and provision of related assistance, 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 to the Committee; or (h) Other sales or supply of arms and other related materiel, or provision of assistance or personnel, as approved in advance by the Committee;
Decides that the supplying Member State or international, regional or subregional organisation is primarily responsible for notifying the Committee and that such notification must be in advance of the delivery of any supplies or provision of assistance;
Decides to renew until 31 July 2023 the measures and provisions as set out in paragraphs 4 and 5 of resolution 2488 (2019) and in paragraph 2 of resolution 2399 (2018) and recalls paragraphs 8 and 9 of resolution 2488 (2019);
Decides to renew until 31 July 2023 the measures and provisions as set out in paragraphs 9, 14, and 16 to 19 of resolution 2399 (2018) and extended by paragraph 4 of resolution 2536 (2020) and recalls paragraphs 10 to 13 and 15 of resolution 2399 (2018);
Reaffirms that the measures described in paragraphs 9 and 16 of resolution 2399 (2018) shall apply to individuals and entities as designated by the Committee, as set forth in paragraphs 20 to 22 of resolution 2399 (2018) and extended by paragraph 5 of resolution 2588 (2021), including for involvement in planning, directing, sponsoring or committing acts in the CAR that violate international humanitarian law, which include attacks against medical personnel or humanitarian personnel;
Decides to extend until 31 August 2023 the mandate of the Panel of Experts, as set out in paragraphs 30 to 39 of resolution 2399 (2018) and extended by paragraph 6 of resolution 2588 (2021), expresses its intention to review the mandate and take appropriate action regarding its further extension no later than 31 July 2023, Committee, drawing, as appropriate, on the expertise of the current members of the Panel of Experts;
Requests the Panel of Experts to provide to the Council, after discussion with the Committee, a midterm report no later than 31 January 2023, a final report no later than 30 May 2023, and progress updates, as appropriate;
Strongly condemns attacks committed by armed groups of the Coalition des patriotes pour le changement (CPC), and requests the Panel, in the course of carrying out its mandate, to consider proposing or updating further statements of cases for possible designation pursuant to paragraphs 20 to 21 of resolution 2399 (2018);
Expresses particular concern about reports of illicit transnational trafficking networks which continue to fund and supply armed groups in the CAR, notes in particular the increasing use of explosive ordnances, including improvised explosive devices (IEDs), and landmines, which account for a growing number of civilian casualties as well as the destruction of civilian properties and continue to disrupt humanitarian access, and requests the Panel, in the course of carrying out its mandate, to devote special attention to the analysis of such networks and threats relating to explosive ordnances, in cooperation with other Panels or Groups of Experts established by the Security Council as appropriate;
Urges all parties, and all Member States, as well as international, regional and subregional organisations to ensure cooperation with the Panel of Experts and the safety of its members;
Further urges all Member States and all relevant United Nations bodies to ensure unhindered access, in particular to persons, documents and sites in order for the Panel of Experts to execute its mandate and recalls the value of information-sharing between MINUSCA and the Panel of Experts;
Reaffirms the Committee provisions and the reporting and review provisions as set out in resolution 2399 (2018) and extended by resolution 2588 (2021);
Requests the CAR authorities to report, by 15 May 2023, to the Committee on the progress achieved regarding the SSR, the disarmament, demobilisation, reintegration and repatriation (DDRR) process in line with the Peace Agreement via the roadmap, and the management of weapons and ammunition;
Requests the Secretary-General, in close consultation with MINUSCA, including UNMAS, and the Panel of Experts, to report, no later than 15 May 2023, on the progress achieved by the CAR authorities on the key benchmarks;
Affirms that it shall 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, in light of the evolution of the security situation in the country, of the progress achieved in relation to the SSR process, the DDRR process in line with the Peace Agreement via the roadmap and the management of weapons and ammunition, in particular the management and tracking of notified and exempted arms and other related equipment, including in relation to the reports requested in paragraphs 13 and 14 of this resolution, and of compliance with this resolution;
⋯
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.