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Resolution 2085

The Situation in Mali

Abstract

S/RES/2085 (2012)
Security Council Distr.: General
20 December 2012
12-66067 (E)
*1266067*
Resolution 2085 (2012)
Adopted by the Security Council at its 6898th meeting, on
20 December 2012
The Security Council,
Recalling its resolutions 2056 (2012) and 2071 (2012), its Presidential
Statements of 26 March 2012 (S/PRST/2012/7), 4 April 2012 (S/PRST/2012/9) as
well as its Press Statements of 22 March 2012, 9 April 2012, 18 June 2012,
10 August 2012, 21 September 2012, 11 December 2012 on Mali,
Reaffirming its strong commitment to the sovereignty, unity and territorial
integrity of Mali,
Emphasizing that the situation and entrenchment of terrorist groups and
criminal networks in the north of Mali continue to pose a serious and urgent threat
to the population throughout Mali, and to the stability in the Sahel region, the wider
African region and the international community as a whole,
Condemning strongly the continued interference of members of the Malian
Defence and Security Forces in the work of the Transitional authorities of Mali,
stressing the need to work expeditiously toward the restoration of democratic
governance and constitutional order in Mali and taking note of the on-going efforts
of the Secretary-General, including through the Special Representative of the
Secretary-General for West Africa, to assist the Transitional authorities of Mali in
developing a roadmap for the electoral process and national dialogue,
Remaining seriously concerned over the insecurity and the significant ongoing
humanitarian crisis in the Sahel region, which is further complicated by the presence
of armed groups, including separatist movements, terrorist and criminal networks,
and their increased activities, as well as the continued proliferation of weapons from
within and outside the region that threaten peace, security, and stability of States in
this region,
Condemning strongly all abuses of human rights in the north of Mali by armed
rebels, terrorist and other extremist groups, including those involving violence
against civilians, notably women and children, killings, hostage-taking, pillaging,
theft, destruction of cultural and religious sites and recruitment of child soldiers,
reiterating that some of such acts may amount to crimes under the Rome Statute and
that their perpetrators must be held accountable and noting that the Transitional
authorities of Mali referred the situation in Mali since January 2012 to the
International Criminal Court on 13 July 2012,
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Recalling the letter of the Transitional authorities of Mali dated 18 September
2012 addressed to the Secretary-General, requesting the authorization of
deployment through a Security Council resolution, under Chapter VII as provided
by the United Nations Charter, of an international military force to assist the Armed
Forces of Mali to recover the occupied regions in the north of Mali and recalling
also the letter of the Transitional authorities of Mali dated 12 October 2012
addressed to the Secretary-General, stressing the need to support, including through
such an international military force, the national and international efforts to bring to
justice the perpetrators of war crimes and crimes against humanity committed in the
north of Mali,
Taking note of the endorsement of the Strategic Concept for the Resolution of
the Crisis in Mali at the second meeting of the Support and Follow-Up Group on the
Situation in Mali in Bamako on 19 October 2012, attended by ECOWAS Member
States, countries of the region and other international partners, as well as its
adoption by the African Union Peace and Security Council on 24 October 2012,
Taking note of the final communiqué of the Extraordinary Session of the
authority of ECOWAS Heads of State and Government held in Abuja on
11 November 2012 and of the subsequent communiqué of the African Union Peace
and Security Council on 13 November 2012 endorsing the Joint Strategic Concept
of Operations for the International Military Force and the Malian Defence and
Security forces,
Welcoming the appointment of Romano Prodi as Special Envoy of the
Secretary General for the Sahel, as well as the appointment of Pierre Buyoya as
High Representative of the African Union for Mali and the Sahel and encouraging
them to work in close coordination with the Special Representative of the Secretary-
General for West Africa and the ECOWAS mediator,
Welcoming the efforts of the ECOWAS-led mediation, with the support of the
Special Representative of the Secretary-General for West Africa, the Organization of
Islamic Cooperation (OIC) and neighbouring countries of Mali,
Taking note of the Secretary-General’s report on Mali dated 28 November
2012 (S/2012/894) for continued action on the political and security tracks and a
comprehensive solution to the crisis affecting Mali,
Emphasizing that the Malian authorities have primary responsibility for
resolving the inter-linked crises facing the country and that any sustainable solution
to the crisis in Mali should be Malian-led,
Encouraging the international community to provide support to resolve the
crisis in Mali through coordinated actions for immediate and long-term needs,
encompassing security, development and humanitarian issues,
Determining that the situation in Mali constitutes a threat to international
peace and security,
Acting under Chapter VII of the Charter of the United Nations,
I. Political process
1. Urges the transitional authorities of Mali, consistent with the Framework
agreement of 6 April 2012 signed under the auspices of ECOWAS, to finalize a
transitional roadmap through broad-based and inclusive political dialogue, to fully
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restore constitutional order and national unity, including through the holding of
peaceful, credible and inclusive presidential and legislative elections, in accordance
with the agreement mentioned above which calls for elections by April 2013 or as
soon as technically possible, requests the Secretary-General, in close coordination
with ECOWAS and the African Union, to continue to assist the transitional
authorities of Mali in the preparation of such a roadmap, including the conduct of an
electoral process based on consensually established ground rules and further urges
the transitional authorities of Mali to ensure its timely implementation;
2. Demands that Malian rebel groups cut off all ties to terrorist
organizations, notably Al-Qaida in Islamic Maghreb (AQIM) and associated groups,
and take concrete and visible steps to this effect, takes note of the listing of
Movement of Unity and Jihad in Western Africa (MUJWA) on the Al-Qaida
sanctions list established and maintained by the Committee pursuant to resolutions
1267 (1999) and 1989 (2011) and further reiterates its readiness to continue to
adopt further targeted sanctions, under the above-mentioned regime, against those
rebel groups and individuals who do not cut off all ties to al-Qaida and associated
groups, including AQIM and MUJWA;
3. Urges the transitional authorities of Mali to expeditiously put in place a
credible framework for negotiations with all parties in the north of Mali who have
cut off all ties to terrorist organizations, notably AQIM and associated groups
including MUJWA, and who recognize, without conditions, the unity and territorial
integrity of the Malian State, and with a view to addressing the long-standing
concerns of communities in the north of Mali, and requests the Secretary-General,
through his Special Representative for West Africa, in coordination with the
ECOWAS Mediator and the High Representative of the African Union for Mali and
the Sahel, and the OIC, to take appropriate steps to assist the transitional authorities
of Mali to enhance their mediation capacity and to facilitate and strengthen such a
dialogue;
4. Condemns the circumstances that led to the resignation of the Prime
Minister and the dismissal of the Government on 11 December 2012, reiterates its
demand that no member of the Malian Armed Forces should interfere in the work of
the Transitional authorities and expresses its readiness to consider appropriate
measures, as necessary, against those who take action that undermines the peace,
stability, and security, including those who prevent the implementation of the
constitutional order in Mali;
5. Calls upon all Member States to implement their obligations pursuant to
resolution 1989 (2011) and 2083 (2012) and strongly condemns incidents of
kidnapping and hostage taking by Al-Qaida in Mali and across the Sahel region with
the aim of raising funds or gaining political concessions;
II. Security process
Training of Malian forces
6. Emphasises that the consolidation and redeployment of the Malian
Defence and Security forces throughout the Malian territory is vital to ensure Mali’s
long term security and stability and to protect the people of Mali;
7. Urges Member States, regional and international organizations to provide
coordinated assistance, expertise, training, including on human rights and
international humanitarian law, and capacity-building support to the Malian Defence
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and Security Forces, consistent with their domestic requirements, in order to restore
the authority of the State of Mali over its entire national territory, to uphold the
unity and territorial integrity of Mali and to reduce the threat posed by terrorist
organizations and associated groups, further invites them to regularly inform the
Secretariat of their contributions;
8. Takes note of the commitment of Member States and international
organizations to the rebuilding of the capacities of the Malian Defence and Security
forces, including the planned deployment by the European Union of a military
mission to Mali to provide military training and advice to the Malian Defence and
Security Forces;
Deployment of AFISMA
9. Decides to authorize the deployment of an African-led International
Support Mission in Mali (AFISMA) for an initial period of one year, which shall
take all necessary measures, in compliance with applicable international
humanitarian law and human rights law and in full respect of the sovereignty,
territorial integrity and unity of Mali to carry out the following tasks:
(a) To contribute to the rebuilding of the capacity of the Malian Defence and
Security Forces, in close coordination with other international partners involved in
this process, including the European Union and other Member States;
(b) To support the Malian authorities in recovering the areas in the north of
its territory under the control of terrorist, extremist and armed groups and in
reducing the threat posed by terrorist organizations, including AQIM, MUJWA and
associated extremist groups, while taking appropriate measures to reduce the impact
of military action upon the civilian population;
(c) To transition to stabilisation activities to support the Malian authorities in
maintaining security and consolidate State authority through appropriate capacities;
(d) To support the Malian authorities in their primary responsibility to
protect the population;
(e) To support the Malian authorities to create a secure environment for the
civilian-led delivery of humanitarian assistance and the voluntary return of
internally displaced persons and refugees, as requested, within its capabilities and in
close coordination with humanitarian actors;
(f) To protect its personnel, facilities, premises, equipment and mission and
to ensure the security and movement of its personnel;
10. Requests the African Union, in close coordination with ECOWAS, the
Secretary-General and other international organizations and bilateral partners
involved in the Malian crisis, to report to the Security Council every 60 days on the
deployment and activities of AFISMA, including, before the commencement of
offensive operations in the north of Mali, on: (i) the progress in the political process
in Mali, including the roadmap for the restoration of constitutional order and
negotiations between the Malian authorities and all parties in the north of Mali who
have cut off all ties to terrorist organizations; (ii) the effective training of military
and police units of both AFISMA and the Malian defence and security forces in their
obligations under international human rights, humanitarian and refugee law; (iii) the
operational readiness of AFISMA, including the level of staffing leadership and
equipment of the units, their operational adaptation to the climate and terrain
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conditions and ability to conduct joint armed operations with logistical, air and
ground fire support; (iv) the efficiency of the chain of command of AFISMA,
including its interaction with that of the Malian Defence and Security Forces and
further expresses its willingness to monitor closely these benchmarks before the
commencement of offensive operations in the north of Mali;
11. Emphasizes that the military planning will need to be further refined
before the commencement of the offensive operation and requests that the
Secretary-General, in close coordination with Mali, ECOWAS, the African Union,
the neighbouring countries of Mali, other countries in the region and all other
interested bilateral partners and international organizations, continue to support the
planning and the preparations for the deployment of AFISMA, regularly inform the
Council of the progress of the process, and requests that the Secretary-General also
confirm in advance the Council’s satisfaction with the planned military offensive
operation;
12. Requests the Secretary-General to provide, as and when requested by the
Malian authorities, support in critical areas that will be required to accompany or
follow a military operation in the north of Mali, with respect to the extension of the
Malian State authority, including rule of law and security institutions, mine action,
promotion of national dialogue, regional cooperation, security sector reform, human
rights and the initial demobilization, disarmament and reintegration of former
combatants;
International support
13. Calls upon Member States, including from the Sahel region, to contribute
troops to AFISMA in order to enable AFISMA to fulfil its mandate, welcomes the
troop contributions already pledged by ECOWAS countries and further encourages
Member States to cooperate closely with the African Union, ECOWAS, the United
Nations, countries contributing troops and other donors to this end;
14. Urges Member States, regional and international organizations to provide
coordinated support to AFISMA, including military training, provision of
equipment, intelligence, logistical support and any necessary assistance in efforts to
reduce the threat posed by terrorist organizations, including AQIM, MUJWA and
associated extremist groups in accordance with paragraph 9 (b), in close
coordination with AFISMA and the Malian authorities;
15. Calls upon the transitional authorities of Mali and all other parties in
Mali to cooperate fully with the deployment and operations of AFISMA, in
particular by ensuring its safety, security and freedom of movement with unhindered
and immediate access throughout the territory of Mali to enable it to fully carry out
its mandate and further calls upon neighbouring countries of Mali to take
appropriate measures to support the implementation of AFISMA mandate;
16. Demands that all parties in Mali take appropriate steps to ensure the
safety and security of humanitarian personnel and supplies, and further demands
that all parties in Mali ensure safe and unhindered access for the delivery of
humanitarian aid to persons in need of assistance across Mali, consistent with
international humanitarian, human rights and refugee law and the guiding principles
of humanitarian assistance;
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Human rights
17. Emphasizes that the Malian authorities have primary responsibility to
protect civilians in Mali, further recalls its resolutions 1674 (2006), 1738 (2006)
and 1894 (2009) on the protection of civilians in armed conflict, its resolutions 1612
(2005), 1882 (2009) and 1998 (2010) on Children And Armed Conflict and its
resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), and 1960 (2010)
on Women, Peace and Security, and calls upon all military forces in Mali to take
them into account;
18. Emphasizes that any support provided by the United Nations, regional
and subregional organizations and Member States in the context of the military
operation in Mali shall be consistent with international humanitarian and human
rights law and refugee law, further requests the Secretary-General to ensure the
relevant capacity within the United Nations presence as referred to in paragraph 23
below in order to observe adherence to international humanitarian and human rights
law with regards to military operations in the north of Mali and include in his
regular reports to the Security Council, as referred to in paragraph 24 below, the
situation of civilians in the north of Mali and any violation of human rights law,
international humanitarian law and refugee law in the north of Mali, as well as to
advise on ways to mitigate any adverse impact of military operations on the civilian
population, including on women and children;
19. Calls upon AFISMA, consistent with its mandate, to support national and
international efforts, including those of the International Criminal Court, to bring to
justice perpetrators of serious human rights abuses and violations of international
humanitarian law in Mali;
Funding
20. Calls upon Member States and international organisations, to provide
financial support and contributions in kind to AFISMA to enable its deployment and
implementation of its mandate and welcomes the willingness of the European Union
to provide such financial support to AFISMA through the mobilization of the
African Peace Facility;
21. Expresses its intention to consider the provision of a voluntary and a
United Nations-funded logistics support packages to AFISMA, including equipment
and services for an initial period of one year, takes note of the letter of the
Secretary-General (S/2012/926) on the possible deployment of a logistics support
package to AFISMA and on the support financial costs and, to this effect, requests
the Secretary-General, in coordination with the African Union, ECOWAS and the
Malian authorities, to further develop and refine options within 30 days of the
adoption of this resolution for such a voluntary and a United Nations-funded
logistics support packages, including detailed recommendations for a swift,
transparent and effective implementation;
22. Requests the Secretary-General to establish a trust fund through which
Member States can provide earmarked and/or non-earmarked financial support to
AFISMA and/or to the training and equipping of Malian Defence and Security
forces, also requests the Secretary-General to support, in coordination with the
African Union and ECOWAS, the holding of a donors conference to solicit
contributions to this trust fund as soon as possible, calls upon Member States to
contribute generously and promptly to the trust fund, while noting that the existence
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of the trust fund does not preclude the conclusion of direct bilateral arrangements
and further requests the African Union, in consultation with ECOWAS and the
Secretary-General, to submit budgetary request to this trust fund;
United Nations presence and reporting
23. Requests the Secretary-General to establish, in consultation with the
Malian authorities, a multidisciplinary United Nations presence in Mali, in order to
provide coordinated and coherent support to (i) the on-going political process and
(ii) the security process, consistent with paragraph 12 above and including support
to the planning, deployment and operations of AFISMA and therefore requests the
Secretary-General to submit as soon as possible specific and detailed proposals to
the Council for further consideration;
24. Requests the Secretary-General to keep the Council regularly informed of
the situation in Mali and to report back to the Council, through the provision of
written reports, every 90 days, on the implementation of this resolution, including
on the United Nations support to the political and security efforts to solve the crisis
in Mali, the deployment and preparation of AFISMA and updated information and
recommendations related to a voluntary and United Nations-funded support
packages to AFISMA;
25. Decides to remain actively seized of the matter.

Topics
Mali
Year
2012
Title
The Situation in Mali
Related with resolutions
1267 1325 1612 1674 1738 1820 1882 1888 1889 1894 1960 1989 1998 2056 2071 2083
Quoted in resolutions
2100 2164 2347
Security Council Composition
CHN FRA RUS GBR USA AZE COL DEU GTM IND MAR PAK PRT TGO ZAF