Αποφάσεις - Ανακοινώσεις — ΦΕΚ A' 65/2018
ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ. 3400.1/ΑΣ 18943 Απόφαση 2399 (2018) 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 3/10.8.1967 «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 2399 (2018) 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. should prioritize reconciliation of the Central African people, through an inclusive process that involves men and women of all social, economic, political, religious and ethnic backgrounds, including, those displaced by the crisis, Calling upon the CAR authorities to continue their efforts to implement transparent and inclusive measures that allow for stabilization and reconciliation in the CAR and restore the effective authority of the State over all of the territory of the CAR; to fight impunity by restoring administration of the judiciary and the criminal justice system, including the penitentiary system, throughout the country; to achieve the reform of the CAR Armed Forces (FACA) and internal security forces in order to put in place multi-ethnic, professional, and republican security services through appropriate security sector reform processes; to carry out the inclusive and effective disarmament, demobilization, reintegration and repatriation (DDRR) of armed groups, including children formerly associated with them and to prevent the re-recruitment of the latter; and to establish a functioning public financial management in order to meet the expenses related to the functioning of the State, implement early recovery plans, and revitalize the economy, Welcoming the African Initiative for Peace and Reconciliation in the CAR that led to the adoption of the roadmap by the ministerial conference held in Libreville on 17 July 2017 by the CAR authorities, the African Union, the Economic Community of Central African States (ECCAS), the International Conference on the Great Lakes region (ICGLR) with the support of Angola, Chad, Congo and Gabon, and reaffirming that this Initiative and this roadmap constitute the main framework for a political solution in the CAR, as agreed by CAR authorities and under their leadership, Encouraging the CAR authorities, in collaboration with the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) and the European Union Training Mission in the CAR (EUTM-RCA), to provide equal opportunities for members of armed groups, whether antiBalaka or ex-Séléka, in the process of selecting eligible demobilized members to integrate into the national security and defence forces, welcoming in this regard the launch of the DDRR pilot project, and further encouraging the CAR authorities to ensure that FACA soldiers of all prefectures enjoy equal access to the registration and simplified verification process, Underlining the importance of rebuilding a multi-ethnic, republican and professional national army in the CAR, recognizing in this regard the work carried out by the EUTMRCA, welcoming the support of other international and regional partners to the training of the national security and defence forces in support of the CAR authorities, and encouraging effective coordination with MINUSCA and EUTM-RCA, Calling upon the CAR authorities to ensure that perpetrators of violations of applicable international law, including those committed against children and women, are excluded from the CAR security and armed forces, and further calling for support for sexual violence, Welcoming the commitment of the Secretary-General to enforce strictly his zero-tolerance policy on sexual exploitation and abuse (SEA), noting the various measures taken by MINUSCA and Troop- and Police-contributing countries to combat SEA, which has led to a reduction in reported cases, but still expressing grave concern over numerous allegations of SEA reportedly committed by peacekeepers in the CAR, as well as by non-United Nations forces, stressing the urgent need for Troopand Police-contributing countries and, as appropriate, MINUSCA to promptly investigate those cases in a credible and transparent manner and to hold accountable those responsible for such criminal offences or misconduct, and further stressing the need to prevent such exploitation and abuse and to improve how these allegations are addressed in line with resolution 2272 (2016), Welcoming the Secretary-General’s Report of 16 October 2017 (S/2017/865) submitted pursuant to resolution 2301 (2016), and taking note of his letter dated 10 July 2017 addressed to the President of the Security Council (S/2017/597) pursuant to paragraph 29 of resolution 2339 (2017), Further welcoming also the mid-term update and the final report (S/2017/1023) of the Panel of Experts on the CAR established pursuant to resolution 2127 (2013), expanded by resolution 2134 (2014) and extended pursuant to resolution 2339 (2017), and taking note of the Panel of Experts’ recommendations, Strongly condemning the ongoing violence and instability in the CAR, and the threats of violence, incitement to ethnic and religious hatred and violence, human rights violations and abuses and international humanitarian law violations, as well as sexual and gender-based violence, in particular against children, committed notably by both ex-Seleka and anti-Balaka elements and other armed groups; the attacks and incitement to violence against United Nations peacekeepers and humanitarian personnel; the continuous cycle of provocations and reprisals by armed groups, both inside and outside Bangui and denial of humanitarian access, committed by armed elements, which continue to adversely affect the dire humanitarian situation faced by the civilian population and to impede humanitarian access to vulnerable populations, Stressing the urgent and imperative need to end impunity in the CAR and to bring to justice perpetrators of these acts, some of which may amount to crimes under the Rome Statute of the International Criminal Court (ICC), to which the CAR is a State party, noting in this regard the opening by the Prosecutor of the International Criminal Court on 24 September 2014 of an investigation following the request of the national authorities on alleged crimes committed since 2012, and welcoming the ongoing cooperation by the CAR authorities in this regard, Stressing the importance of putting in place an effective national judicial system, underlining the need to bolster national accountability mechanisms, including through further implementation of the 7 August 2014 Memorandum of Understanding (MoU) on Urgent Temporary Measures, welcoming committed in the CAR, and recalling the importance of continuous support of the international community to this process pursued by the CAR authorities, Emphasizing that those engaging in or providing support for acts that undermine the peace, stability or security of the CAR, threaten or impede the political stabilization and reconciliation process, target civilians and attack peacekeepers may meet criteria for designation under sanctions as stated in this resolution, Expressing concern that illicit trafficking, trade, exploitation and smuggling of natural resources including gold, diamonds and wildlife has a negative impact in the economy and the development of the country, and that it continues to threaten the peace and stability of the CAR, Recalling the Kimberley Process (KP) Administrative Decision on Resumption of Exports of Rough Diamonds from the CAR, its annexed Operational Framework, and the work of the KP Monitoring Team for CAR, and recognizing the need to strengthen the efforts of the CAR Authorities and the KP, to responsibly and progressively, through pre-established “compliant zones”, reintegrate the CAR into the global diamond trade, Noting with concern the findings of the Panel of Experts’ final report that the Lord’s Resistance Army (LRA) remains active in the south-eastern part of the CAR having carried out the killing and abduction of civilians, including children and women, Further noting with concern the ongoing transnational criminal activity in the region, emphasizing the risk of the situation in the CAR providing a conducive environment for further transnational criminal activities, such as those involving arms trafficking and the use of mercenaries as well as a potential breeding ground for radical networks, Acknowledging in this respect the important contribution the Council-mandated arms embargo can make to countering the illicit transfer of arms and related materiel in the CAR and its region, and in supporting post-conflict peacebuilding, DDRR and Security sector reform (SSR) processes, recalling its resolutions 2117 (2013), 2127 (2013), 2220 (2015), 2262 (2016) and 2339 (2017) 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, and the use of such weapons against civilians affected by armed conflict, Reiterating the importance of all Member States’ full implementation of the measures set out in resolutions 2127 (2013), 2134 (2014), 2196 (2015), 2262 (2016), 2339 (2017) and this resolution, including the obligation to implement targeted sanctions against individuals and entities designated by the Sanctions Committee established pursuant to resolution 2127 (2013) (the Committee), Noting the critical importance of effective implementation of the sanctions regime, including the key role that neighbouring States, as well as regional and subregional organizations, can play in this regard and encouraging efforts to further enhance Noting with concern the reports that sanctioned individuals are travelling in the region in violation of the travel ban, and underlining that individuals or entities who knowingly facilitate the travel of a sanctioned individual in violation of the travel ban may be determined by the Committee to have met the designation criteria for sanctions, Further noting with concern the reports that funds, financial assets and economic resources of listed individuals and entities have still not been frozen, and underlining the obligation of Member States and CAR authorities to do so without further delays, Welcoming efforts by the Chair of the Committee and the President of the Security Council to support and strengthen the implementation of the measures imposed pursuant to resolution 2339 (2017) through engagement with Member States, especially regional States, 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, Arms embargo
Decides that, until 31 January 2019, 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 decides further that this measure 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 65 of resolution 2387 (2017), as well as other Members States forces providing training and assistance as notified in advance in accordance with paragraph 1 (b) below; (b) Supplies of non-lethal equipment and provision of assistance, including operational and non-operational training to the CAR security forces, including State civilian law enforcement institutions, intended solely for support of or use in the CAR process of Security Sector Reform (SSR), in coordination with MINUSCA, and as notified in advance to the Committee, and requests MINUSCA to 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 Committee; (d) Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by 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 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 in advance to the Committee; (g) Supplies of arms and other related lethal equipment to the CAR security forces, including State civilian law enforcement institutions, intended solely for support of or use in the CAR process of SSR, as approved in advance by the Committee; or (h) Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;
Decides to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 1 of this resolution, seize, register and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited by paragraph 1 of this resolution and decides further that all Member States shall cooperate in such efforts;
Reiterates its call upon the CAR authorities, with the assistance of MINUSCA and international partners, to address the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons in the CAR, and to ensure the collection and/or destruction of surplus, seized, unmarked, or illicitly held weapons and ammunition and further stresses the importance of incorporating such elements into SSR and DDRR programmes;
Welcomes in this regard the creation of the “Commission nationale de lutte contre la prolifération et la circulation illicite des armes légères et de petit calibre (COMNATALPC)” and calls on CAR authorities to fully operationalize it;
Further welcomes the establishment of MINUSCA’s arms embargo working group (AEWG), which aims to coordinate the mission’s efforts on the implementation of the arms embargo and to reinforce its role in countering arms trafficking, and encourages the AEWG to serve as a channel for informationsharing on arms trafficking and for recommendations on the control activities to be carried out including, when appropriate, the seizure of weapons, in pursuance of MINUSCA’s mandate as defined in paragraph 44 of resolution 2387 (2017); Nations Mine Action Service (UNMAS), and other international partners, to store and manage weapons and ammunition in their possession, including those transferred from MINUSCA stocks, according to international best practices and norms, while ensuring that the FACA and internal security forces units receiving such weapons and ammunition are fully trained and vetted;
Encourages neighbouring States, in cooperation with the CAR authorities, to take effective action to counter the illicit flow of weapons and ammunition into the CAR and to ensure the traceability of the weapons and ammunition produced on their territories as required by the Kinshasa Convention for the Control of small arms and light weapons, their ammunition, parts and components that can be used for their manufacture, repair or assembly;
Encourages all Member States, in particular neighbouring States and Member States of the Economic Community of the Central African States (ECCAS) and of the Central African Economic and Monetary Community (CEMAC), to utilize the advance notification and exemption procedures pursuant to paragraph 1 of this resolution to return arms and related materiel of all types belonging to the FACA, or to implement technical assistance, training or other assistance related to military activities by the Central African national security and defence forces, and in this regard requests the Panel of Experts to provide the necessary assistance as per paragraph 32 (b) of this resolution; Travel ban
Decides that, until 31 January 2019, all Member States shall continue to take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory, and calls upon the CAR Government to enhance cooperation and information sharing with other States in this regard;
Encourages Member States, as appropriate and in accordance with their domestic law and applicable international legal instruments and framework documents, to require that airlines operating in their territories provide advance passenger information to the appropriate national authorities in order to detect the departure from their territories, or attempted entry into or transit through their territories, by means of civil aircraft, of individuals designated by the Committee;
Also encourages Member States to report any such departures from their territories, or such attempted entry into or transit through their territories, of such individuals to the Committee, as well as sharing this information with the State of residence or nationality, as appropriate and in accordance with domestic law and international obligations;
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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.