Resolution 1778 – Chad Rca (UN Security Council, Sept 25, 2007)

Resolution 1778 (2007)
Adopted by the Security Council at its 5748th meeting,
the 25 September 2007
The Security Council,

Recalling its resolutions and the statements of its President concerning Chad, the Central African Republic and the sub-region, including resolution 1769,

Reaffirming its attachment to respect for the sovereignty, unity, territorial integrity and political independence of Chad and the Central African Republic, as well as to the cause of peace in the region,

Expressing its deep concern over the activities of armed groups and other attacks in eastern Chad, north-eastern Central African Republic and western Sudan which pose a threat to the security of the population civil society and the continuation of humanitarian operations in these regions as well as on the stability of these countries, and give rise to serious violations of human rights and international humanitarian law,

Reaffirming the unacceptable nature of any attempt at destabilization by violence and the seizure of power by force,

Recalling that it is primarily the responsibility of the Governments of Chad and the Central African Republic to ensure the security of the civilian populations on their territory,

Reiterating its fear that the continuing violence in Darfur, eastern Chad and north-eastern Central African Republic will further harm the situation in the region,

Recalling the Tripoli Agreement of February 8, 2006 and other bilateral and multilateral agreements between the Sudanese, Chadian and Central African Governments, emphasizing that a just settlement of the Darfur problem and an improvement in relations between Sudan, Chad and the Republic Central African Republic will contribute to long-term peace and stability in the region, and welcoming the communiqué issued at the end of the 70th meeting of the Peace and Security Council of the African Union, devoted to relations between Sudan and the Chad, which was held on 12 and 13 February 2007,

Renewing its full support for the efforts of the Secretary-General and the African Union with a view to reviving the peace process initiated by the Peace Agreement on Darfur, consolidating the ceasefire and strengthening the presence peacekeeping in Darfur,

Reaffirming its resolutions 1325 (2000) on women, peace and security, 1502 (2003) on the protection of humanitarian personnel and United Nations personnel and its resolution 1674 (2006) on the protection of civilians in armed conflict ,

Reaffirming its resolution 1612 (2005) on children in armed conflict, taking note of the report of the Secretary-General on children and armed conflict in Chad (S/2007/400) and the recommendations contained therein, and recalling the conclusions relating to Chad subsequently adopted by its Working Group on Children and Armed Conflict (S/AC.51/2007/16),

Bearing in mind the Convention relating to the Status of Refugees of 28 July 1951 and its additional protocol of 16 December 1966,

Emphasizing the need to preserve the civilian character of refugee camps and sites for internally displaced persons and to prevent recruitment, in particular of children, which could take place in and around these camps by armed groups,

Welcoming the signing on 13 August 2007 in N'Djamena of the Political Agreement with a view to strengthening the democratic process in Chad,

Having considered the report (S/2007/488) of the Secretary-General of 10 August 2007 (hereinafter referred to as "the report of the Secretary-General") and the recommendations contained therein on the deployment of an international presence in the regions of eastern Chad and north-eastern Central African Republic set out in paragraph 37 thereof (hereinafter referred to as "eastern Chad and north-eastern Central African Republic"),

Welcoming the readiness of the European Union, expressed at the meeting of the Council of the European Union on 23 and 24 July 2007, to consider setting up for a period of 12 months an operation which would support the presence of in eastern Chad and north-eastern Central African Republic, and taking note of the letter dated 17 September 2007 from the High Representative of the Secretary-General of the Council of the European Union (S/2007 /560, appendix),

Welcoming the letter from the Chadian authorities dated 11 September 2007 (S/2007/540) and the letter from the Central African authorities dated 17 September 2007 (S/2007/551), approving the deployment of an international presence provided by the United Nations and the European Union,

Noting that the situation prevailing in the border area between the Sudan, Chad and the Central African Republic constitutes a threat to international peace and security,

1. Approves the establishment in Chad and the Central African Republic, in accordance with paragraphs 2 to 6 below and in consultation with the authorities of Chad and the Central African Republic, of a multidimensional presence intended to help create favorable conditions the voluntary, secure and sustainable return of refugees and displaced persons, including by contributing to the protection of refugees, displaced persons and civilian populations at risk, by facilitating the delivery of humanitarian assistance in eastern Chad and the north-east of the Central African Republic, and by creating the conditions for an effort of reconstruction and economic and social development of these areas;

2. Decides that this multidimensional presence will include, for a period of one year, a United Nations mission in the Central African Republic and Chad (the acronym MINURCAT being retained in all languages), whose mandate will be as follows, in the eastern Chad and north-eastern Central African Republic, in liaison with the United Nations country team: Security and protection of civilians

a) Select, train, advise and facilitate the support of elements of the Chadian police for the humanitarian protection referred to in paragraph 5 below;

(b) Liaise with the national army, gendarmerie and police forces, nomadic national guard, judicial and penitentiary authorities of Chad and the Central African Republic in order to help create a more secure environment;

c) Liaise with the Government of Chad and the Office of the United Nations High Commissioner for Refugees (UNHCR) to support their efforts to resettle refugee camps near the border, and provide UNHCR with logistical support for this purpose, where possible and on the basis of reimbursement of costs;

d) Maintain close contact with the Government of the Sudan, the African Union, the African Union Mission in Sudan (AMIS) and the successor AU/UN Hybrid Operation in Darfur (UNAMID), the Office of the United Nations Organization in the Central African Republic (BONUCA), the Multinational Force of the Central African Economic and Monetary Community in the Central African Republic (FOMUC) and the Community of Sahel-Saharan States (CEN-SAD) to exchange information on threats to humanitarian activities in the region;

Human rights and rule of law e) Contribute to the monitoring and promotion and defense of human rights, including by paying particular attention to sexual and gender-based violence, and by recommending to the authorities competent authorities the measures to be taken with a view to combating impunity;

(f) Within the limits of its possibilities, support the efforts of the Governments of Chad and the Central African Republic and of civil society to build their capacities by providing training on international human rights standards, and efforts to end recruitment and use of children by armed groups;

(g) Assist the Governments of Chad and, without prejudice to the mandate of BONUCA, of the Central African Republic to promote the rule of law, in particular by supporting an independent judiciary and a strengthened legal system, in close coordination with United Nations agencies ;

3. Decides that MINURCAT shall comprise a maximum of 300 police officers and 50 military liaison officers, together with an appropriate number of civilian personnel;

4. Requests the Secretary-General and the Governments of Chad and the Central African Republic to conclude, as soon as possible, status-of-forces agreements for MINURCAT, taking into account General Assembly resolution 59/47 on the scope of protection legal framework offered by the Convention on the Safety of United Nations and Associated Personnel, its resolution 60/42 on the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel and its resolution 61/133 on the safety and security of humanitarian personnel and the protection of United Nations personnel, and notes that pending the conclusion of such an agreement with either country, the standard status-of-forces agreement dated of 9 October 1990 (A/45/594) will apply provisionally;

5. Endorses the police concept contained in the report of the Secretary-General, including the provisions relating to the establishment of a Chadian Police for Humanitarian Protection (PTPH) whose role would be exclusively to ensure the maintenance of order and respect for the law in refugee camps, IDP sites and main towns in the surrounding areas and to help ensure the security of humanitarian operations in eastern Chad, and in this In this regard, encourages the Government of Chad to put it in place, stresses the urgent need to provide logistical and financial support to the PTPH and requests the Secretary-General to mobilize Member States and institutional donors to this end;

6. Acting under Chapter VII of the Charter of the United Nations, (a) Authorize the European Union to deploy, for a period of one year from the time when the European Union declares its initial operational capability in consultation with the Secretary-General, an operation (hereinafter referred to as "the European Union operation") intended to support the elements referred to in paragraphs 2 to 4 above, and decides that this operation will be authorized to take all necessary measures, within its capabilities and in its area of ​​operations in eastern Chad and the north-eastern Central African Republic, to carry out the following tasks, in accordance with the arrangement to be concluded between the European Union and the United Nations, in liaison with the Governments of Chad and the Central African Republic: (i) Contribute to the protection of civilians in danger, in particular refugees and displaced persons;

(ii) Facilitate the delivery of humanitarian aid and the free movement of humanitarian personnel by helping to improve security in the area of ​​operations;

(iii) Contribute to the protection of United Nations personnel, premises, installations and equipment and to ensure the security and freedom of movement of its personnel, United Nations personnel and associated personnel;

(b) Authorize the European Union operation, upon expiry of the period specified in sub-paragraph (a) above, to take all appropriate measures for its orderly disengagement, including by carrying out the tasks specified in subparagraph a), and within the limits of his residual capacities;

7. Invites the European Union, as appropriate for the successful implementation of the mandate of its operation, to participate in the liaison and support activities provided for in paragraphs 2 (b) to 2 (d);

8. Invites the European Union operation to immediately take all appropriate steps to prepare for its full operational capability and requests the Secretary-General to coordinate closely with the European Union throughout this process, in particular in with respect to the arrangements required to ensure adequate protection of United Nations personnel, premises, installations and equipment and to ensure the freedom of movement of United Nations personnel;

9. Requests the European Union and the Secretary-General and the Governments of Chad and the Central African Republic to cooperate closely throughout the period of deployment of the European Union operation, until its complete disengagement;

10. Requests the Secretary-General to report to it, after having duly consulted the Governments of Chad and the Central African Republic, six months after the date specified in paragraph 6 (a), on the follow-up arrangements for the European Union operation to be put in place place, which is authorized for a period of one year, including a possible United Nations operation, depending on the evolution of the situation, and notes that for this purpose, a needs assessment will be made before this date by the United Nations and the European Union;

11. Calls upon the Governments of Chad and the Central African Republic and the European Union to conclude as soon as possible status-of-forces agreements for the operation referred to in paragraph 6 above;

12. Requests the European Union to report to the Security Council, in the middle and at the end of the period specified in paragraph 6 (a) above, on how its operation will fulfill its mandate;

13. Calls on all parties to cooperate fully in the deployment and operations of MINURCAT and the European Union operation, in particular by guaranteeing the security and freedom of movement of their personnel and associated personnel;

14. Calls upon all Member States, in particular the neighboring States of Chad and the Central African Republic, to facilitate the free, unhindered and loss-of-time movement of all personnel and equipment to Chad and the Central African Republic , food and supplies and other goods, including vehicles and spare parts, intended for MINURCAT and the European Union operation;

15. Encourages each of the Governments of the Sudan, Chad and the Central African Republic to ensure that its territory is not used to undermine the sovereignty of others, and to cooperate actively with a view to implementing the Tripoli and other agreements intended to provide security along their common borders;

16. Encourages the authorities and political actors of Chad and the Central African Republic to continue their efforts in terms of national dialogue, in accordance with the constitutional framework;

17. Reaffirms the obligation of all parties to fully apply the rules and principles of international humanitarian law, in particular those relating to the protection of humanitarian personnel, and also calls on all parties concerned to grant humanitarian personnel immediate access , free and unimpeded to all persons in need of assistance, in accordance with applicable international law;

18. Takes note of the measures already taken by the Chadian authorities to put an end to the recruitment and use of children within armed groups, encourages them to continue their cooperation with United Nations bodies, in particular the United Nations Fund United Nations Children's Fund (UNICEF), and calls on all parties concerned to ensure that the protection of children is ensured;

19. Urges the donor community to increase its efforts to meet the humanitarian needs and the reconstruction and development needs in Chad and the Central African Republic;

20. Requests the Secretary-General to keep it informed of the liaison arrangements provided for in paragraphs 2 (b) to 2 (d) above, and to keep it regularly informed of developments in the security and humanitarian situation, including the movements of refugees and displaced persons, in eastern Chad, in the north-eastern Central African Republic and in the region, of the progress made towards the objective of helping to create conditions favorable to the voluntary, safe and sustainable development of refugees and displaced persons, as well as the fulfillment of MINURCAT's mandate, and to present to it a report thereon every three months;

21. Decides to remain actively seized of the matter.