Abstract
S/RES/1572 (2004)
Security Council Distr.: General
15 November 2004
04-60737 (E)
*0460737*
Resolution 1572 (2004)
Adopted by the Security Council at its 5078th meeting,
on 15 November 2004
The Security Council,
Recalling its resolution 1528 (2004) of 27 February 2004, as well as the
relevant statements of its President, in particular those of 6 November 2004
(S/PRST/2004/42) and of 5 August 2004 (S/PRST/2004/29),
Reaffirming its strong commitment to the sovereignty, independence, territorial
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integrity and unity of Côte 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 the Ivoirian political forces
in Linas-Marcoussis on 24 January 2003 (S/2003/99) (the Linas-Marcoussis
Agreement) approved by the Conference of Heads of States on Côte d’Ivoire, held
in Paris on 25 and 26 January 2003, and the Agreement signed in Accra on 30 July
2004 (Accra III Agreement),
Deploring the resumption of hostilities in Côte d’Ivoire and the repeated
violations of the ceasefire agreement of 3 May 2003,
Deeply concerned by the humanitarian situation in Côte d’Ivoire, in particular
in the northern part of the country, and by the use of the media, in particular radio
and television broadcasts, to incite hatred and violence against foreigners in Côte
d’Ivoire,
Recalling strongly the obligations of all Ivoirian parties, the Government of
Côte d’Ivoire as well as the Forces Nouvelles, to refrain from any violence against
civilians, including against foreign citizens, and to cooperate fully with the activities
of the United Nations Operation in Côte d’Ivoire (UNOCI),
Welcoming the ongoing efforts of the Secretary-General, the African Union
and the Economic Community of Western African States (ECOWAS) towards reestablishing
peace and stability in Côte d’Ivoire,
Determining that the situation in Côte 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,
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1. Condemns the air strikes committed by the national armed forces of Côte
d’Ivoire (FANCI) which constitute flagrant violations of the ceasefire agreement of
3 May 2003 and demands that all Ivoirian parties to the conflict, the Government of
Côte d’Ivoire as well as Forces nouvelles, fully comply with the ceasefire;
2. Reiterates its full support for the action undertaken by UNOCI and
French forces in accordance with their mandate under resolution 1528 (2004) and
with the statement of its President of 6 November 2004 (S/PRST/2004/42);
3. Emphasizes again that there can be no military solution to the crisis and
that the full implementation of the Linas-Marcoussis and Accra III Agreements
remains the only way to resolve the crisis persisting in the country;
4. Urges as a consequence the President of the Republic of Côte d’Ivoire,
the heads of all the Ivoirian political parties and the leaders of the Forces Nouvelles
immediately to begin resolutely implementing all the commitments they have made
under these agreements;
5. Expresses its full support for the efforts of the Secretary-General, the
African Union and ECOWAS and encourages them to continue these efforts in order
to relaunch the peace process in Côte d’Ivoire;
6. Demands that the Ivoirian authorities stop all radio and television
broadcasting inciting hatred, intolerance and violence, requests UNOCI to
strengthen its monitoring role in this regard, and urges the Government of Côte
d’Ivoire and the Forces nouvelles to take all necessary measures to ensure the
security and the safety of civilian persons, including foreign nationals and their
property;
7. Decides that all States shall, for a period of thirteen months from the date
of adoption of this resolution, take the necessary measures to prevent the direct or
indirect supply, sale or transfer to Côte d’Ivoire, from their territories or by their
nationals, or using their flag vessels or aircraft, of arms or any related materiel, in
particular military aircraft and equipment, whether or not originating in their
territories, as well as the provision of any assistance, advice or training related to
military activities;
8. Decides that the measures imposed by paragraph 7 above shall not apply
to:
(a) supplies and technical assistance intended solely for the support of or use
by UNOCI and the French forces who support them,
(b) supplies of non-lethal military equipment intended solely for
humanitarian or protective use, and related technical assistance and training, as
approved in advance by the Committee established by paragraph 14 below,
(c) supplies of protective clothing, including flak jackets and military
helmets, temporarily exported to Côte d’Ivoire by United Nations personnel,
representatives of the media and humanitarian and development workers and
associated personnel, for their personal use only,
(d) supplies temporarily exported to Côte d’Ivoire to the forces of a State
which is taking action, in accordance with international law, solely and directly to
facilitate the evacuation of its nationals and those for whom it has consular
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responsibility in Côte d’Ivoire, as notified in advance to the Committee established
by paragraph 14 below,
(e) supplies of arms and related materiel and technical training and
assistance intended solely for support of or use in the process of restructuring
defence and security forces pursuant to paragraph 3, subparagraph (f) of the Linas-
Marcoussis Agreement, as approved in advance by the Committee established by
paragraph 14 below;
9. Decides that all States shall take the necessary measures, for a period of
twelve months, to prevent the entry into or transit through their territories of all
persons designated by the Committee established by paragraph 14 below, who
constitute a threat to the peace and national reconciliation process in Côte d’Ivoire,
in particular those who block the implementation of the Linas-Marcoussis and Accra
III Agreements, any other person determined as responsible for serious violations of
human rights and international humanitarian law in Côte d’Ivoire on the basis of
relevant information, any other person who incites publicly hatred and violence, and
any other person determined by the Committee to be in violation of measures
imposed by paragraph 7 above, provided that nothing in this paragraph shall oblige
a State to refuse entry into its territory to its own nationals;
10. Decides that the measures imposed by paragraph 9 shall not apply where
the Committee established by paragraph 14 below determines that such travel is
justified on the grounds of humanitarian need, including religious obligation, or
where the Committee concludes that an exemption would further the objectives of
the Council’s resolutions, for peace and national reconciliation in Côte d’Ivoire and
stability in the region;
11. Decides that all States shall, for the same period of twelve months, freeze
immediately the funds, other financial assets and economic resources which are on
their territories at the date of adoption of this resolution or at any time thereafter,
owned or controlled directly or indirectly by the persons designated pursuant to
paragraph 9 above by the Committee established by paragraph 14 below, or that are
held by entities owned or controlled directly or indirectly by any persons acting on
their behalf or at their direction, as designated by the Committee, and decides
further that all States shall ensure that any funds, financial assets or economic
resources are prevented from being made available by their nationals or by any
persons within their territories, to or for the benefit of such persons or entities;
12. Decides that the provisions of paragraph 11 do not apply to funds, other
financial assets and economic resources that:
(a) have been determined by relevant States to be necessary for basic
expenses, including payment for foodstuffs, rent or mortgage, medicines and
medical treatment, taxes, insurance premiums, and public utility charges, or
exclusively for payment of reasonable professional fees and reimbursement of
incurred expenses associated with the provision of legal services, or fees or service
charges, in accordance with national laws, for routine holding or maintenance of
frozen funds, other financial assets and economic resources, after notification by the
relevant States to the Committee established by paragraph 14 below of the intention
to authorize, where appropriate, access to such funds, other financial assets and
economic resources and in the absence of a negative decision by the Committee
within two working days of such notification,
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(b) have been determined by relevant States to be necessary for
extraordinary expenses, provided that such determination has been notified by the
relevant States to the Committee and has been approved by the Committee, or
(c) have been determined by relevant States to be subject of a judicial,
administrative or arbitral lien or judgement, in which case the funds, other financial
assets and economic resources may be used to satisfy that lien or judgement
provided that the lien or judgement: was entered prior to the date of the present
resolution, is not for the benefit of a person referred to in paragraph 11 above or an
individual or entity identified by the Committee, and has been notified by the
relevant States to the Committee;
13. Decides that, at the end of a period of 13 months from the date of
adoption of this resolution, the Security Council shall review the measures imposed
by paragraphs 7, 9 and 11 above, in the light of progress accomplished in the peace
and national reconciliation process in Côte d’Ivoire as defined by the Linas-
Marcoussis and Accra III Agreements, and expresses its readiness to consider the
modification or termination of these measures before the aforesaid period of 13
months only if the Linas-Marcoussis and Accra III Agreements have been fully
implemented;
14. Decides to establish, in accordance with rule 28 of its provisional rules of
procedure, a Committee of the Security Council consisting of all the members of the
Council (the Committee), to undertake the following tasks:
(a) to designate the individuals and entities subject to the measures imposed
by paragraphs 9 and 11 above, and to update this list regularly,
(b) to seek from all States concerned, and particularly those in the region,
information regarding the actions taken by them to implement the measures imposed
by paragraphs 7, 9 and 11 above, and whatever further information it may consider
useful, including by providing them with an opportunity to send representatives to
meet the Committee to discuss in more detail any relevant issues,
(c) to consider and decide upon requests for the exemptions set out in
paragraphs 8, 10 and 12 above,
(d) to make relevant information publicly available through appropriate
media, including the list of persons referred to in subparagraph (a) above,
(e) to promulgate guidelines as may be necessary to facilitate the
implementation of the measures imposed by paragraphs 11 and 12 above,
(f) to present regular reports to the Council on its work, with its
observations and recommendations, in particular on ways to strengthen the
effectiveness of the measures imposed by paragraphs 7, 9 and 11 above;
15. Requests all States concerned, in particular those in the region, to report
to the Committee, within ninety days from the date of adoption of this resolution, on
the actions they have taken to implement the measures imposed by paragraphs 7, 9
and 11 above, and authorizes the Committee to request whatever further information
it may consider necessary;
16. Urges all States, relevant United Nations bodies and, as appropriate,
other organizations and interested parties, to cooperate fully with the Committee, in
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particular by supplying any information at their disposal on possible violations of
the measures imposed by paragraphs 7, 9 and 11 above;
17. Expresses its determination to consider without delay further steps to
ensure the effective monitoring and implementation of the measures imposed by
paragraphs 7, 9 and 11 above, in particular the establishment of a panel of experts;
18. Requests the Secretary-General to submit a report to the Council by
15 March 2005, drawing on information from all relevant sources, including the
Government of National Reconciliation in Côte d’Ivoire, UNOCI, ECOWAS and the
African Union, on progress made towards the goals described in paragraph 13
above;
19. Decides that the measures imposed by paragraphs 9 and 11 above shall
enter into force on 15 December 2004, unless the Security Council shall determine
before then that the signatories of the Linas-Marcoussis and Accra III Agreements
have implemented all their commitments under the Accra III Agreement and are
embarked towards full implementation of the Linas-Marcoussis Agreement;
20. Decides to remain actively seized of the matter. [^]