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### Viewing cable 09STATE79165, UN OPERATION IN COTE D'IVOIRE:MANDATE RENEWAL

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09STATE79165 | 2009-07-29 18:06 | 2011-01-13 05:05 | UNCLASSIFIED | Secretary of State

`

    VZCZCXYZ0000
    OO RUEHWEB

    DE RUEHC #9165 2101900
    ZNR UUUUU ZZH
    O 291842Z JUL 09
    FM SECSTATE WASHDC
    TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
    INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
    RUEHAB/AMEMBASSY ABIDJAN IMMEDIATE 0000
    RUEHMV/AMEMBASSY MONROVIA IMMEDIATE 0000
    RUEHFN/AMEMBASSY FREETOWN IMMEDIATE 0000
    RUEHRY/AMEMBASSY CONAKRY IMMEDIATE 0000
    RUEHOU/AMEMBASSY OUAGADOUGOU IMMEDIATE 0000
    RUEHFR/AMEMBASSY PARIS IMMEDIATE 0000

` `

    UNCLAS STATE 079165

    SIPDIS

    E.O. 12958: N/A
    TAGS: PREL KPKO IC
    SUBJECT: UN OPERATION IN COTE D'IVOIRE:MANDATE RENEWAL

    REF: A. (A) STATE 72105
         ¶B. (B) STATE 7043

    ¶1.  USUN is authorized to vote in favor of a Security Council
    resolution authorizing the renewal of the mandate of the UN
    Operation in Cote d'Ivoire until January 31, 2010.  The text
    of the resolution is in paragraph 2.  USUN should consult
    with Washington if there are substantive changes.

    ¶2.  Begin text:

    The Security Council,

    Recalling its previous resolutions, in particular resolutions
    1528 (2004), 1721 (2006), 1739 (2007), 1765 (2007), 1795
    (2008), 1826 (2008), 1842 (2008) and 1865 (2009), and the
    statements of its President relating to the situation in Cte
    d,Ivoire, and resolution 1836 (2008) on the situation in
    Liberia,

    Reaffirming its strong commitment to the sovereignty,
    independence, territorial integrity and unity of Cte
    d,Ivoire, and recalling the importance of the principles of
    good-neighbourliness, non-interference and regional
    cooperation,

    Recalling that it endorsed the Agreement signed by President
    Laurent Gbagbo and Mr. Guillaume Soro in Ouagadougou on 4
    March 2007 ("the Ouagadougou Political Agreement",
    S/2007/144), and that it welcomed the four subsequent
    Supplementary Agreements,

    Recalling in particular that in its resolution 1721 (2006) it
    notably endorsed the decision of the African Union Peace and
    Security Council on the mandate of the Head of State, and
    recalling further that in the statement of its President
    dated 28 March 2007 (S/PRST/2007/8) it endorsed the
    Ouagadougou Political Agreement, including its Chapter V on
    the institutional executive framework, and that this
    Agreement provided for a period of ten months for the holding
    of the presidential elections,

    Expressing again its appreciation to President Blaise
    Compaor of Burkina Faso ("the Facilitator") for his
    continued efforts to support the peace process in Cte
    d,Ivoire, in particular through the Ouagadougou Political
    Agreement follow-up mechanisms, commending and encouraging
    the continued efforts of the African Union and the Economic
    Community of West African States ("ECOWAS") to promote peace
    and stability in Cte d,Ivoire, and reiterating its full
    support for them,

    Stressing again the importance of the international
    consultative organ participating in the meetings of the
    evaluation and monitoring committee, as an observer,

    Stressing the need for the Council to pursue a rigorous,
    strategic approach to peacekeeping deployments,

    Reiterating its strong condemnation of any attempt to
    destabilize the peace process by force, and expressing its
    intention to examine without delay the situation after any
    such attempt, on the basis of a report by the
    Secretary-General,

    Having taken note of the report of the Secretary-General
    dated 7 July 2009 (S/2009/344),

    Recalling its resolution 1674 (2006) on the protection of
    civilians in armed conflicts, noting with concern, in spite
    of the sustained improvement of the overall human rights
    situation, the persistence of reported human rights
    violations against civilians in different parts of the
    country, including numerous acts of sexual violence,
    stressing that the perpetrators must be brought to justice,
    and reiterating its firm condemnation of all violations of
    human rights and international humanitarian law in Cte
    d,Ivoire,

    Recalling its resolution 1612 (2005) on children and armed
    conflict and the subsequent conclusions of the Security
    Council Working Group on Children and Armed Conflict
    pertaining to parties in the armed conflict of Cte d,Ivoire
    S/AC.51/2008/5, and expressing its deep concern that children
    continue to suffer from various forms of violence,

    Recalling also its resolutions 1325 (2000) and 1820 (2008) on
    women, peace and security, condemning any sexual violence,
    stressing again the importance of women,s equal
    participation and full involvement in all efforts for the
    maintenance of peace and promotion of peace and security and
    the need to increase their role in decision-making with
    regard to conflict prevention and resolution, and encouraging
    the Secretary-General to mainstream a gender perspective in
    the implementation of the mandate of the United Nations
    Operation in Cte d,Ivoire ("UNOCI"),

    Determining that the situation in Cte d,Ivoire continues to
    pose a threat to international peace and security in the
    region,

    Acting under Chapter VII of the Charter of the United Nations,

    ("Supporting the Ouagadougou political process")

    ¶1. Recalls that in the statement of its President dated 29
    May 2009 (S/PRST/2009/16) it welcomed the new electoral
    timeline endorsed in Ouagadougou by all the main Ivorian
    political actors and leading to the first round of the
    presidential elections on 29 November 2009, and underlines
    that the parties are bound to respect this timeline to
    demonstrate their political commitment towards the holding of
    free, fair, open and transparent elections;

    ¶2. Reiterates its determination to bring its full support to
    a credible electoral process for the presidential and
    legislative elections in Cte d,Ivoire and expresses its
    conviction that any postponement of the presidential
    elections of 29 November 2009 in Cte d,Ivoire would be
    inconsistent with a credible process and with the Ouagadougou
    Political Agreement as endorsed by the Security Council;

    ¶3. Welcomes the successful completion of the operations of
    registration of voters;

    ¶4. Recalls that it had requested in its resolution 1865
    (2009) the President of the Independent Electoral Commission
    to share publicly the details of the time frame, and takes
    note of the dates he provided for the five stages leading to
    the elections of 29 November 2009;

    ¶5. Reiterates that the publication of the electoral list is a
    crucial step in the electoral process, looks forward to the
    publication of the provisional voters list before the end of
    August 2009 and urges the Ivorian actors to meet their
    commitments in full and without delay;

    ¶6. Expresses its determination to follow closely the
    publication of the provisional and of the final electoral
    lists, encourages the Facilitator and the Special
    Representative of the Secretary-General to inform it without
    delay of any difficulty that may put at risk the electoral
    time frame, expresses its intention to examine any such
    situation without delay and requests the Special
    Representative of the Secretary-General to certify the voters
    list explicitly;

    ¶7. Reiterates that the Special Representative of the
    Secretary-General shall certify that all stages of the
    electoral process provide all the necessary guarantees for
    the holding of open, free, fair and transparent presidential
    and legislative elections in accordance with international
    standards, and reaffirms its full support to the Special
    Representative of the Secretary-General in his certification
    role,

    ¶8. Stresses that it will base its assessment of the electoral
    process on the certification that will be prepared by the
    Special Representative consistent with the five-criteria
    framework referred to in document S/2008/250 and after
    inclusive contacts with all stakeholders in Cte d,Ivoire,
    including the civil society;

    ¶9. Stresses the importance of an inclusive participation of
    the Ivorian civil society in the electoral process, and of
    ensuring the equal protection of and respect for human rights
    of every Ivorian as they relate to the electoral system, and
    in particular respect for freedom of opinion and expression,
    and removing obstacles and challenges to women,s
    participation and full involvement in public life;

    ¶10. Urges the Government of Cte d,Ivoire to provide the
    operators involved in the electoral process with the
    necessary support and encourages the international community
    to continue their support to the electoral process, including
    by providing, with the agreement of the Ivorian authorities,
    electoral observation capacity and related technical
    assistance;

    ¶11. Recalls that it is fully prepared to impose targeted
    measures pursuant to paragraph 16 of resolution 1842 (2008),
    including among other things against persons who are
    determined to be a threat to the peace and national
    reconciliation process in Cte d,Ivoire, and recalls further
    that, pursuant to paragraph 6 of the above mentioned
    resolution, any threat to the electoral process in Cte
    d,Ivoire, in particular any attack or obstruction of the
    action of the Independent Electoral Commission in charge of
    the organization of the elections or the actions of the
    operators mentioned in paragraphs 1.33, and 2.11 of the
    Ouagadougou Political Agreement, shall constitute a threat to
    the peace and national reconciliation process for the
    purposes of paragraph 9 and 11 of resolution 1572 (2004);

    ¶12. Urges again the political parties to comply fully with
    the Code of Good Conduct for elections which they signed
    under the auspices of the Secretary-General, and in
    particular urges the Ivorian authorities to allow equitable
    access to public media;

    ¶13. Takes note again of the ceremony of transfer of authority
    held in Bouake on 26 May 2009 as a positive development,
    urges the Ivorian parties to make further progress to advance
    the reunification and disarmament processes, and encourages
    the international donors to continue to provide their support
    to them, as appropriate;

    ¶14. Calls upon all concerned parties to ensure that the
    protection of women and children is addressed in the
    implementation of the Ouagadougou Political Agreement as well
    as the post-conflict reconstruction and recovery phases,
    including continued monitoring and reporting of the situation
    of women and children and that all reported abuses are
    investigated and those responsible brought to justice;

    ¶15. Calls also upon all Ivorian parties to take appropriate
    measures to refrain from, prevent and protect civilians from
    all forms of sexual violence, which could include, inter
    alia, enforcing appropriate military disciplinary measures,
    upholding the principle of command responsibility, and
    training troops on the categorical prohibition of all forms
    of sexual violence;

    ¶16. Recalls the recommendation by its Working Group on
    children in armed conflict in Cte d,Ivoire (S/AC.51/2008/5)
    that a National Action Plan to address sexual violence be
    adopted, welcomes steps taken so far and urges the Government
    of Cote d,Ivoire, with the support of UNOCI and other
    relevant actors to finalize and implement it, welcomes also
    the Programme of Action to Combat Sexual Violence in the
    areas within its control signed by the Forces Nouvelles in
    January 2009 pursuant to the above-mentioned recommendations
    as well as the communiqu issued by four militia groups
    indicating their willingness to combat sexual violence, and
    calls upon all relevant parties, with the continued support
    of UNOCI to work together to implement their commitments;

    ¶17. Urges the signatories of the Ouagadougou Political
    Agreement to take the necessary steps to protect vulnerable
    civilian populations, including by guaranteeing the voluntary
    return, reinstallation, reintegration and security of
    displaced persons, including by addressing land tenure
    issues, with the support of the United Nations system, and to
    fulfil in this regard their commitments in accordance with
    the Ouagadougou Political Agreement and their obligations
    under international law;

    ¶18. Welcomes the progress made in the identification process,
    which is key to the long-term stability of Cte d'Ivoire, and
    calls upon the Ivorian parties to continue the identification
    operations, including after the elections;

    ("Renewing the mandate of the United Nations Operation in
    Cte d,Ivoire")

    ¶19. Decides to renew the mandate of UNOCI, as determined in
    resolution 1739 (2007), until 31 January 2010, in particular
    to support the organization in Cte d,Ivoire of free, open,
    fair and transparent elections, within the electoral time
    frame referred to in paragraph 1 above;

    ¶20. Requests UNOCI, within its existing resources and
    mandate, to support actively the parties in the
    implementation of the remaining tasks under the Ouagadougou
    Political Agreement and its Supplementary Agreements, in
    particular those that are essential to the holding of a free,
    fair, open and transparent presidential election of 29
    November 2009, and to continue to support the disarmament,
    demobilization and reintegration programme and the
    disarmament and dismantling of militias, and to provide
    technical and logistical support to the Independent Electoral
    Commission for the preparation and the holding of the
    elections in a secure environment;

    ¶21. Requests the Secretary-General to continue to monitor
    progress on the achievement of the benchmarks referred to in
    annex 1 of his report dated 7 July 2009, encourages him to
    continue to refine and update them and to report to the
    Security Council, and expresses its intention to review these
    benchmarks in full before 15 October 2009, taking into
    account in particular the progress of the electoral process;

    ¶22. Reiterates its full support to the efforts of the Special
    Representative of the Secretary-General in Cte d,Ivoire,
    and requests UNOCI to continue to actively sensitize the
    Ivorian population to his certification role;

    ¶23. Commends the Facilitator for continuing to support the
    process to settle the crisis in Cte d,Ivoire, and requests
    UNOCI to continue to assist him and his Special
    Representative in Abidjan in the conduct of the facilitation,
    including by helping the Facilitator, as appropriate and upon
    his request, to carry out his arbitration role according to
    the provisions of paragraph 8.1 of the Ouagadougou Political
    Agreement and paragraphs 8 and 9 of the third Supplementary
    Agreement;

    ¶24. Reaffirms its intention, as expressed in resolution 1836
    (2008), to authorize the Secretary-General to redeploy
    troops, as may be needed, between the United Nations Mission
    in Liberia (UNMIL) and UNOCI on a temporary basis and in
    accordance with the provisions of resolution 1609 (2005), as
    recommended by the Secretary-General in paragraph 25 of his
    report dated 7 July 2009 (S/2009/344) and calls on troop
    contributing countries to support the efforts of the
    Secretary-General in that regard;

    ¶25. Underscores the importance of updating the military
    concept of operations and rules of engagement before 30
    September 2009 and requests the Secretary-General to report
    thereon to the Security Council and troop contributing
    countries;

    ¶26. Requests UNOCI to continue to contribute, pursuant to
    paragraph 2 (k) of its resolution 1739 (2007), to the
    promotion and protection of human rights in Cte d,Ivoire,
    with special attention to violence committed against children
    and women, to monitor and help investigate human rights
    violations with a view to ending impunity, and to continue to
    support the efforts all parties should take pursuant to
    paragraph 15 and 16 above, and further requests the
    Secretary-General to continue to include in his reports to
    the Security Council relevant information on progress in this
    area;

    ¶27.  Requests UNOCI, in this context, to also continue to
    contribute, pursuant to paragraph 2 (m) of its resolution
    1739 (2007) to assist the Government of Cote d'Ivoire in
    restoring a civilian policing presence throughout Cote
    d'Ivoire, and to advise the Government of Cote d'Ivoire on
    the restructuring of the internal security services and in
    re-establishing the authority of the judiciary and the rule
    of law throughout Cote d'Ivoire,

    ¶28. Stresses the need for UNOCI and humanitarian agencies to
    continue to work closely together, in relation to areas of
    tensions and of return of displaced persons, to exchange
    information on possible outbreaks of violence and other
    threats against civilians in order to respond thereto in a
    timely and appropriate manner;

    ¶29. Requests the Secretary-General to continue to take the
    necessary measures to ensure full compliance in UNOCI with
    the United Nations zero-tolerance policy on sexual
    exploitation and abuses and to keep the Council informed, and
    urges troop-contributing countries to take appropriate
    preventive action including predeployment awareness training,
    and other action to ensure full accountability in cases of
    such conduct involving their personnel;

    ¶30. Decides to extend until 31 January 2010 the authorization
    it provided to the French forces in order to support UNOCI,
    within the limits of their deployment and their capabilities;

    ¶31. Expresses its intention to review the situation as well
    as, as appropriate, the mandate of UNOCI, subject to the
    progress of the electoral process and in particular to the
    establishment of the voters list, and in any case no later
    than 15 October 2009, requests the Secretary-General to
    inform it in early September of the publication of the
    provisional electoral list and further requests the
    Secretary-General to provide to it a mid term report, by 30
    September 2009, of the situation on the ground, including a
    specific update on the security situation, and of the
    preparation of the electoral process;

    ¶32. Further requests the Secretary-General to inform the
    Security Council in his upcoming reports on the development
    of his strategic workplan containing indicative timelines to
    measure and track progress on the implementation of the
    benchmarks referred to in paragraph 21 above;

    ¶33. Expresses its intention to review by 31 January 2010 the
    mandate of UNOCI and the authorization provided to the French
    forces which support it, the level of troops of UNOCI and the
    benchmarks referred to in paragraph 21 above, in light of the
    progress achieved in the electoral process and in the
    implementation of the key steps of the peace process, and
    requests the Secretary-General to provide to it a report to
    this end three weeks before this date;

    ¶34. Decides to remain actively seized of the matter.

    End text.
    CLINTON

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