United Nations Security Council Resolution 1556

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United Nations Security Council Resolution 1556
by the United Nations

Adopted by the Security Council at its 5015th meeting, by a vote of 13 to 0, with 2 abstentions (China, Pakistan)
United Nations S/RES/1556 (2004)
Security Council Distr.: General
30 July 2004
04-44602 (E)
Resolution 1556 (2004)

The Security Council,

Recalling its Presidential Statement of 25 May 2004 (S/PRST/2004/16) and its resolution 1547 (2004) of 11 June 2004 and its resolution 1502 (2003) of 26 August 2003 on the access of humanitarian workers to populations in need,

Welcoming the leadership role and the engagement of the African Union to address the situation in Darfur and expressing its readiness to support fully these efforts,

Further welcoming the communiqué of the African Union Peace and Security Council issued 27 July 2004 (S/2004/603),

Reaffirming its commitment to the sovereignty, unity, territorial integrity, and independence of Sudan as consistent with the Machakos Protocol of 20 July 2002 and subsequent agreements based on this protocol as agreed to by the Government of Sudan,

Welcoming the Joint Communiqué issued by the Government of Sudan and the Secretary-General of the United Nations on 3 July 2004, including the creation of the Joint Implementation Mechanism, and acknowledging steps taken towards improved humanitarian access,

Taking note of the Report of the Secretary-General on Sudan issued 3 June 2004 and welcoming the Secretary-General’s appointment of a Special Representative for Sudan and his efforts to date,

Reiterating its grave concern at the ongoing humanitarian crisis and widespread human rights violations, including continued attacks on civilians that are placing the lives of hundreds of thousands at risk,

Condemning all acts of violence and violations of human rights and international humanitarian law by all parties to the crisis, in particular by the Janjaweed, including indiscriminate attacks on civilians, rapes, forced displacements, and acts of violence especially those with an ethnic dimension, and expressing its utmost concern at the consequences of the conflict in Darfur on the civilian population, including women, children, internally displaced persons, and refugees,

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Recalling in this regard that the Government of Sudan bears the primary responsibility to respect human rights while maintaining law and order and protecting its population within its territory and that all parties are obliged to respect international humanitarian law,

Urging all the parties to take the necessary steps to prevent and put an end to violations of human rights and international humanitarian law and underlining that there will be no impunity for violators,

Welcoming the commitment by the Government of Sudan to investigate the atrocities and prosecute those responsible,

Emphasizing the commitment of the Government of Sudan to mobilize the armed forces of Sudan immediately to disarm the Janjaweed militias,

Recalling also in this regard its resolutions 1325 (2000) of 31 October 2000 on women, peace and security, 1379 (2001) of 20 November 2001, 1460 (2003) of 30 January 2003, and 1539 (2004) of 22 April 2004 on children in armed conflict, and 1265 (1999) of 17 September 1999 and 1296 (2000) of 19 April 2000 on the protection of civilians in armed conflict,

Expressing concern at reports of violations of the Ceasefire Agreement signed in N’Djamena on 8 April 2004, and reiterating that all parties to the ceasefire must comply with all of the terms contained therein,

Welcoming the donor consultation held in Geneva in June 2004, as well as subsequent briefings highlighting urgent humanitarian needs in Sudan and Chad, and reminding donors of the need to fulfil commitments that have been made,

Recalling that over 1 million persons are in need of urgent humanitarian assistance, that with the onset of the rainy season the provision of assistance has become increasingly difficult, and that without urgent action to address the security, access, logistics, capacity and funding requirements the lives of hundreds of thousands of persons will be at risk,

Expressing its determination to do everything possible to halt a humanitarian catastrophe, including by taking further action if required,

Welcoming the ongoing international diplomatic efforts to address the situation in Darfur,

Stressing that any return of refugees and displaced persons to their homes must take place voluntarily with adequate assistance and with sufficient security,

Noting with grave concern that up to 200,000 refugees have fled to the neighbouring State of Chad, which constitutes a serious burden upon that country, and expressing grave concern at reported cross-border incursions by Janjaweed militias of the Darfur region of Sudan into Chad, and also taking note of the agreement between the Government of Sudan and Chad to establish a joint mechanism to secure the borders,

Determining that the situation in Sudan constitutes a threat to international peace and security and to stability in the region,

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

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1. Calls on the Government of Sudan to fulfil immediately all of the commitments it made in the 3 July 2004 Communiqué, including particularly by facilitating international relief for the humanitarian disaster by means of a moratorium on all restrictions that might hinder the provision of humanitarian assistance and access to the affected populations, by advancing independent investigation in cooperation with the United Nations of violations of human rights and international humanitarian law, by the establishment of credible security conditions for the protection of the civilian population and humanitarian actors, and by the resumption of political talks with dissident groups from the Darfur region, specifically the Justice and Equality Movement (JEM) and the Sudan Liberation Movement and Sudan Liberation Army (SLM/A) on Darfur;

2. Endorses the deployment of international monitors, including the protection force envisioned by the African Union, to the Darfur region of Sudan under the leadership of the African Union and urges the international community to continue to support these efforts, welcomes the progress made in deploying monitors, including the offers to provide forces by members of the African Union, and stresses the need for the Government of Sudan and all involved parties to facilitate the work of the monitors in accordance with the N’Djamena ceasefire agreement and with the Addis Ababa agreement of 28 May 2004 on the modalities of establishing an observer mission to monitor the ceasefire;

3. Urges Member States to reinforce the international monitoring team, led by the African Union, including the protection force, by providing personnel and other assistance including financing, supplies, transport, vehicles, command support, communications and headquarters support as needed for the monitoring operation, and welcomes the contributions already made by the European Union and the United States to support the African Union led operation;

4. Welcomes the work done by the High Commissioner for Human Rights to send human rights observers to Sudan and calls upon the Government of Sudan to cooperate with the High Commissioner in the deployment of those observers;

5. Urges the parties to the N’Djamena Ceasefire Agreement of 8 April 2004 to conclude a political agreement without delay, notes with regret the failure of senior rebel leaders to participate in the 15 July talks in Addis Ababa, Ethiopia, as unhelpful to the process and calls for renewed talks under the sponsorship of the African Union, and its chief mediator Hamid Algabid, to reach a political solution to the tensions in Darfur and strongly urges rebel groups to respect the ceasefire, end the violence immediately, engage in peace talks without preconditions, and act in a positive and constructive manner to resolve the conflict;

6. Demands that the Government of Sudan fulfil its commitments to disarm the Janjaweed militias and apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out human rights and international humanitarian law violations and other atrocities, and further requests the Secretary-General to report in 30 days, and monthly thereafter, to the Council on the progress or lack thereof by the Government of Sudan on this matter and expresses its intention to consider further actions, including measures as provided for in Article 41 of the Charter of the United Nations on the Government of Sudan, in the event of non-compliance;

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7. Decides that all States shall take the necessary measures to prevent the sale or supply, to all non-governmental entities and individuals, including the Janjaweed, operating in the states of North Darfur, South Darfur and West Darfur, by their nationals or from their territories 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, whether or not originating in their territories;

8. Decides that all Sates shall take the necessary measures to prevent any provision to the non-governmental entities and individuals identified in paragraph 7 operating in the states of North Darfur, South Darfur and West Darfur by their nationals or from their territories of technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in paragraph 7 above;

9. Decides that the measures imposed by paragraphs 7 and 8 above shall not apply to:

- supplies and related technical training and assistance to monitoring, verification or peace support operations, including such operations led by regional organizations, that are authorized by the United Nations or are operating with the consent of the relevant parties;
- supplies of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical training and assistance; and
- supplies of protective clothing, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel;

10. Expresses its intention to consider the modification or termination of the measures imposed under paragraphs 7 and 8 when it determines that the Government of Sudan has fulfilled its commitments described in paragraph 6;

11. Reiterates its support for the Naivasha agreement signed by the Government of Sudan and the Sudan People’s Liberation Movement, and looks forward to effective implementation of the agreement and a peaceful, unified Sudan working in harmony with all other States for the development of Sudan, and calls on the international community to be prepared for constant engagement, including necessary funding in support of peace and economic development in Sudan;

12. Urges the international community to make available much-needed assistance to mitigate the humanitarian catastrophe now unfolding in the Darfur region and calls upon Member States to honour pledges that have been made against needs in Darfur and Chad and underscoring the need to contribute generously towards fulfilling the unmet portion of the United Nations consolidated appeals;

13. Requests the Secretary-General to activate inter-agency humanitarian mechanisms to consider what additional measures may be needed to avoid a humanitarian catastrophe and to report regularly to the Council on progress made;

14. Encourages the Secretary-General’s Special Representative for the Sudan and the independent expert of the Commission on Human Rights to work closely with the Government of Sudan in supporting independent investigation of violations of human rights and international humanitarian law in the Darfur region;

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15. Extends the special political mission set out in resolution 1547 for an additional 90 days to 10 December 2004 and requests the Secretary-General to incorporate into the mission contingency planning for the Darfur region;

16. Expresses its full support for the African Union-led ceasefire commission and monitoring mission in Darfur, and requests the Secretary-General to assist the African Union with planning and assessments for its mission in Darfur, and in accordance with the Joint Communiqué to prepare to support implementation of a future agreement in Darfur in close cooperation with the African Union, and requests the Secretary-General to report to the Security Council on progress;

17. Decides to remain seized of the matter.

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