S/RES/1923 (2010)
Security Council Distr.: General
25 May 2010
10-37570 (E)
*1037570*
Resolution 1923 (2010)
Adopted by the Security Council at its 6321st meeting, on
25 May 2010
The Security Council,
Recalling its resolutions and statements of its President concerning Chad, the
Central African Republic and the subregion, including resolutions 1769 (2007),
1778 (2007), 1834 (2008), 1861 (2009), 1913 (2010) and 1922 (2010),
Reaffirming its commitment to the sovereignty, unity, territorial integrity and
political independence of Chad and the Central African Republic, and to the cause
of peace in the region,
Reiterating its concern at the humanitarian and security repercussions in
eastern Chad and the north-eastern Central African Republic of the ongoing violence
in Darfur,
Concerned at armed activities and banditry in eastern Chad, the north-eastern
Central African Republic and western Sudan which threaten the security of the
civilian population, the conduct of humanitarian operations in those areas and the
stability of those countries, and which result in serious violations of human rights
and international humanitarian law,
Welcoming the signature on 15 January 2010 by the Governments of Chad and
Sudan of an agreement to normalize their bilateral relations, as well as the
deployment by the Governments of Chad and Sudan of a joint force under a joint
command along their common border with a view to denying the cross-border
movement of armed elements and stemming their criminal activities,
Stressing that a proper settlement of the Darfur issue, including through the
Doha peace process, the full implementation of the Sirte and Libreville agreements
and the efforts of national political dialogue in Chad and the Central African
Republic, will contribute to long-term peace and stability in the region and to the
voluntary, secure and sustainable return of refugees and internally displaced
persons,
Stressing also the importance of achieving dignified durable solutions for
refugees and internally displaced persons, notably voluntary, safe orderly return and
sustainable reintegration,
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Reiterating its full support for the efforts of the Secretary-General, the African
Union, other international and regional actors to find solutions to armed conflicts in
the region,
Reaffirming its resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1889
(2009) on women and peace and security, 1502 (2003) on the protection of
humanitarian and United Nations personnel, 1674 (2006) and 1894 (2009) on the
protection of civilians in armed conflicts,
Reaffirming its resolutions 1612 (2005) and 1882 (2009) on children and
armed conflict, taking note of the reports of the Secretary-General on children and
armed conflict in Chad (S/2008/532) and in the Central African Republic
(S/2009/66) and the recommendations therein, and recalling the conclusions
adopted by the Working Groups on Children and Armed Conflict in Chad
(S/AC.51/2008/15) and in the Central African Republic (S/AC.51/2009/2), as
approved by the Council,
Stressing that the Governments of Chad and the Central African Republic bear
primary responsibility for ensuring the security of civilians in their territories, with
respect for the rule of law, international law, human rights and international
humanitarian law,
Bearing in mind the Convention relating to the Status of Refugees of 28 July
1951 and its additional protocol of 16 December 1966, along with the 1969
Convention of the Organization of African Unity governing the specific aspects of
refugee problems in Africa, as well as the African Union Convention of 29 October
2009, on the Protection and Assistance of internally displaced persons in Africa,
Emphasizing the need to respect international refugee law, preserve the
civilian and humanitarian nature of the refugee camps and internally displaced
persons sites and prevent any recruitment of individuals, including women and
children, which might be carried out in or around camps and sites by armed groups,
Commending the creation by the Government of Chad, with the logistical,
administrative and technical support of the United Nations Mission in the Central
African Republic and Chad (MINURCAT), of the Détachement Intégré de Sécurité
(DIS) to contribute to the security of refugees and humanitarian workers in key
towns, refugee camps and IDP sites and noting that the DIS provides community
policing in these sites and escorts for United Nations personnel and humanitarian
workers,
Recognizing the responsibility of the Armée nationale tchadienne (ANT) for
border security and external threats and of the Gendarmerie and the National Nomad
Guard for area security in eastern Chad,
Taking note that the Government of Chad informed the Secretary-General
through a note verbale dated 15 January 2010 that it wished MINURCAT to
withdraw from Chad as of 15 March 2010, and the letter of the Permanent
Representative of Chad dated 3 March (S/2010/115), informing the President of the
Security Council of his Government’s reconsideration of its earlier request as well
as the consultations conducted between 15 January and 23 April 2010 between the
Government of Chad and the United Nations Secretariat,
Emphasizing the need for the orderly reduction of the military component of
MINURCAT and the continuation of consolidation of the DIS, of judicial and penal
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systems, of human rights protection and of local conflict resolution mechanisms
while laying the foundation for their sustainability following the termination of the
Mission’s mandate,
Having examined the report of the Secretary-General (S/2010/217) of 29 April
2010 (hereinafter referred to as “the Report of the Secretary-General”) and its
recommendations for the modalities of future presence of MINURCAT,
Determining that the situation in the region of the border between the Sudan,
Chad and the Central African Republic constitutes a threat to international peace and
security,
1. Decides to extend the mandate of MINURCAT until 31 December 2010;
2. Takes note of the commitment of the Government of Chad, as recalled in
the letter of the Permanent Representative of Chad of 21 May 2010 (S/2010/250), to
assume full responsibility for the security and the protection of the civilian
population in eastern Chad, including refugees, internally displaced persons,
returnees and host communities, with a particular focus on women and children,
United Nations and humanitarian personnel and assets, in accordance with its
obligations under international humanitarian, human rights and refugee law, and
underscores that in so doing, the Government of Chad commits to carry out the
following tasks:
(i) To ensure the security and protection of civilians in danger, particularly
refugees and internally displaced persons;
(ii) To facilitate the delivery of humanitarian aid and the free movement of
humanitarian personnel by improving security in eastern Chad;
(iii) To ensure the security and freedom of movement of MINURCAT staff
and United Nations and associated personnel;
3. Notes also that, in this context, the Government of Chad commits to
work towards the achievement of the following benchmarks related to the protection
of civilians and humanitarian workers, in accordance with international
humanitarian law, as outlined in Security Council resolution 1861 (2009):
(i) Voluntary return and resettlement in secure and sustainable conditions of
internally displaced persons;
(ii) Demilitarization of refugee and internally displaced person camps as
evidenced by a decrease in arms, violence and human rights abuses;
(iii) Improvement in the capacity of Chadian authorities in eastern Chad,
including national law enforcement agencies, the judiciary and the prison
system to provide the necessary security for refugees, internally displaced
persons, civilians and humanitarian workers with respect for international
human rights standards;
4. Requests the Government of Chad and the Secretary-General to establish
a joint Government of Chad/United Nations high-level Working Group to assess on
a monthly basis the situation on the ground with respect to protection of civilians,
the measures adopted by the Government of Chad to implement the tasks set out in
paragraph 2 and to progress towards meeting the benchmarks set out in paragraph 3,
and the capacity of the DIS to provide security inside and around refugee camps and
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IDP sites, security escorts and area security, in coordination with Gendarmerie and
the Nomad Guard;
5. Acknowledges the commitment of the Government of Chad to submit to
the Security Council by 31 July 2010 the plan it is preparing to ensure the
sustainment of the DIS, post-MINURCAT, working, as necessary, through the highlevel
joint Working Group;
6. Decides that the military component of MINURCAT shall be reduced to
2,200 military personnel (1,900 in Chad and 300 in the Central African Republic)
and 25 military liaison officers and further decides that MINURCAT should include
a maximum of 300 police officers and an appropriate number of civilian personnel;
7. Calls upon the Secretary-General to implement the initial withdrawal of
the exceeding number of troops by 15 July 2010 and the final withdrawal of the
remaining troops beginning on 15 October 2010 and further calls upon the
Secretary-General to complete withdrawal of all uniformed and civilian
MINURCAT components, other than those required for the mission’s liquidation, by
31 December 2010;
8. Decides that MINURCAT shall have the following mandate in eastern
Chad and the north-eastern Central African Republic, in liaison with the United
Nations country team and, as appropriate, in liaison with the United Nations
Integrated Peacebuilding Office in the Central African Republic (BINUCA) and
without prejudice to the mandate of BINUCA:
(i) To select, mentor, monitor, train, advise and facilitate support to elements
of the Chadian Détachement integré de sécurité;
(ii) To liaise with the Chadian Government and the Office of the United
Nations High Commissioner for Refugees (UNHCR) in support of their efforts
to relocate refugee camps which are in close proximity to the border, and to
provide to UNHCR, on availability and cost-reimbursable basis, logistical
assistance for that purpose;
(iii) To liaise with the national army, the gendarmerie and police forces, the
nomad national guard, the judicial authorities and prison officials in Chad and
the Central African Republic, the Sudanese Government, the United Nations
Mission in Sudan (UNMIS), the African Union/United Nations Hybrid
Operation in Darfur (UNAMID), BINUCA, the Multinational Force of the
Economic Community of the Central African States in Central African
Republic (MICOPAX) and the Community of Sahelo-Saharan States
(CEN-SAD) to exchange information on banditry, criminality and emerging
threats to humanitarian activities in the region;
(iv) To support the initiatives of national and local authorities in Chad to
resolve local tensions and promote local reconciliation efforts, in order to
enhance the environment for the return of internally displaced persons;
(v) To contribute to the monitoring and to the promotion and protection of
human rights in Chad, with particular attention to sexual and gender-based
violence, and to recommend action to the competent authorities, with a view to
fighting impunity;
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(vi) To support, within its capabilities, efforts aimed at strengthening the
capacity of the Government of Chad and civil society through training in
international human rights standards, and efforts to put an end to recruitment
and use of children by armed groups;
(vii) To assist the Government of Chad in the promotion of the rule of law,
including through support for an independent judiciary and a strengthened
legal system, in close coordination with United Nations agencies;
9. Decides further that, until the start of the final withdrawal of its military
personnel on 15 October 2010, MINURCAT shall be authorized to fulfil the
following functions within its capabilities and its area of operation in eastern Chad,
in liaison with the Government of Chad:
(i) To provide security for United Nations personnel, facilities, installations
and equipment and associated personnel;
(ii) To maintain situational awareness in the vicinity of MINURCAT
locations;
(iii) To provide escort for United Nations military personnel carrying out
enabling support functions;
(iv) To execute operations of a limited character in order to extract United
Nations personnel and humanitarian workers in danger;
(v) To provide medical evacuation support for United Nations personnel;
10. Decides further that, without prejudice to paragraph 2 above,
MINURCAT, acting within its means and capabilities and where possible in
consultation with the Government of Chad, shall be authorized to respond to
imminent threats of violence to civilians in its immediate vicinity;
11. Decides further that, until the start of the final withdrawal of its military
personnel on 15 October, MINURCAT shall be authorized to fulfil the following
functions within its capabilities and its area of operation in the north-eastern Central
African Republic through its military presence in Birao and in liaison with the
Government of the Central African Republic:
(i) To contribute to the creation of a more secure environment;
(ii) To execute operations of a limited character in order to extract United
Nations personnel and humanitarian workers in danger;
(iii) To protect United Nations personnel, facilities, installations and
equipment and to ensure the security and freedom of movement of its staff and
United Nations and associated personnel;
12. Takes note that MINURCAT will continue to support the DIS, in
accordance with paragraphs 64, 65 and 66 of the report of the Secretary-
General, and of the Government of Chad’s commitment to take full ownership
of the DIS;
13. Welcomes the intention of the Government of Chad and the United
Nations to establish a forum to foster dialogue and collaboration with the view to
reach a common understanding of roles and responsibilities on issues relating to
protection of civilians, humanitarian access, safety and security arrangements of
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humanitarian actors and in order to impact positively on humanitarian and early
recovery initiatives;
14. Takes note of the letter of the Permanent Representative of Chad of
21 May 2010 (S/2010/250), which recalls the commitment of Chad to sustain the
DIS and requests in this context MINURCAT to initiate the construction of the
infrastructure referred to in paragraphs 71 and 79 of the report of the Secretary-
General, with the expectation that the plan referred in paragraph 5 will provide
adequate assurances that the investments being made in the DIS will be sustained
post-MINURCAT,
15. Requests the Secretary-General and the Governments of Chad and the
Central African Republic to cooperate closely throughout the period of deployment
of MINURCAT and requests the Government of the Republic of Chad to fully
respect all provisions of the Agreement on the Status of MINURCAT of 21 March
2008 and its amendment of 15 October 2009, and in particular to ensure full
freedom of movement of MINURCAT, its members and its contractors as well as of
their vehicles and aircraft, and to grant exemptions from all taxes, fees, charges and
other duties as provided under the Agreement and its Amendment, for the whole
duration of the mandate of MINURCAT but also until its liquidation and the final
departure of all its military and civilian personnel from Chad;
16. Urges all the Member States, particularly the States bordering Chad and
the Central African Republic, to facilitate during the above-mentioned period the
withdrawal from Chad and of the Central African Republic, without obstacles or
delay, of all personnel, equipment, provisions, supplies and other goods, including
vehicles, aircraft and spare parts of MINURCAT;
17. Underscores the importance that the military concept of operations and
rules of engagement be updated and fully in line with the provisions of this
resolution, and requests the Secretary-General to report on them to the Security
Council and Troop-Contributing Countries;
18. Encourages the donor community to sustain its efforts to address the
humanitarian, reconstruction and development needs of Chad and the Central
African Republic;
19. Encourages also the respective Governments of the Sudan, Chad and the
Central African Republic to ensure that their territories are not used to undermine
the sovereignty of others, and to cooperate with a view to putting an end to the
activities of armed groups in the region;
20. Welcomes the N’Djamena agreement of 15 January 2010 on the
normalization of relations between Sudan and Chad and previous related agreements
and encourages active cooperation for their continued implementation; encourages
the Government of Chad to continue talks with the armed groups; demands that
armed groups cease violence immediately and urges all parties in Chad and the
Central African Republic, respectively, to respect and implement the Sirte
agreement of 25 October 2007 and the comprehensive peace agreement signed in
Libreville on 21 June 2008;
21. Encourages the authorities and political stakeholders in Chad and the
Central African Republic to continue to pursue their efforts of national dialogue,
with respect for their constitutional frameworks and especially:
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(i) Emphasizes the importance of the political agreement for the
reinforcement of the democratic process in Chad signed in N’Djamena on
13 August 2007, encourages the parties to continue with its implementation
and welcomes the electoral timetable published by the Independent National
Electoral Commission;
(ii) Calls upon the Government and all political stakeholders of the Central
African Republic to further implement the outcome of the Inclusive Political
Dialogue of December 2008, including by successfully completing the
Disarmament, Demobilization and Reintegration (DDR) process and stresses
the need for a clear electoral timetable;
22. Reaffirms the obligation of all parties to implement fully the rules and
principles of international humanitarian law, particularly those regarding the
protection of humanitarian personnel, and furthermore requests all the parties
involved to provide humanitarian personnel with immediate, free and unimpeded
access to all persons in need of assistance, in accordance with applicable
international law;
23. Encourages MINURCAT and the United Nations country team to
continue to assist the Government to prevent the recruitment of refugees and
children by armed groups and to maintain the civilian nature of refugee camps and
internally displaced person sites, in coordination with DIS and the humanitarian
community;
24. Takes note of the measures already undertaken by the authorities of Chad
to put an end to the recruitment and use of children by armed groups, encourages
them to pursue their cooperation with United Nations bodies in this regard,
particularly UNICEF, and calls on all the parties involved to ensure that children are
protected;
25. Requests the Secretary-General to continue to keep the Security Council
regularly informed and requests him to provide reports by 31 July 2010, 15 October
2010 and 15 December 2010 on the security and humanitarian situation, including
movements of refugees and internally displaced persons in eastern Chad and the
north-eastern Central African Republic, on the progress in the implementation of the
relevant agreements, on the progress towards the fulfilment by the Government of
Chad of the tasks and benchmarks set out in paragraphs 2 and 3 above, including on
the measures adopted in response to possible shortcomings identified by the joint
high-level Working Group referred to in paragraph 4, and on the implementation of
the mandate of MINURCAT and stresses that it will monitor closely the relevance of
the mandate of MINURCAT and review it if necessary;
26. Further requests the Secretary-General in his July report to provide an
assessment on international and regional options for the Central African Republic,
based on his evaluation of the consequences of MINURCAT’s departure;
27. Also requests the Secretary-General to provide an assessment in his
December report on lessons learned in the context of MINURCAT;
28. Decides to remain actively seized of the matter.
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