Regulations, 2003

L.N. 362 of 2003

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Liberia) (Amendment) (No. 2)

Regulations, 2003

IN exercise of the powers conferred by article 3(1) of the National

Interest (Enabling Powers) Act, the Prime Minister has made the

following regulations>–

The title of these regulations is the United Nations Sanctions

(Liberia) (Amendment) (No. 2) Regulations, 2003, and they shall be

read and construed as one with the United Nations Sanctions (Liberia)

Regulations, 2001, hereinafter referred to as “the principal regulations”.

(Regulation 3)

Resolution 1509 (2003)

Adopted by the Security Council at its 4830th meeting, on 19 September

The Security Council,

Recalling its previous resolutions and statements by its President on

Liberia,including its resolution 1497 (2003) of 1 August 2003, and the 27 August

2003Statement by its President (S#PRST#2003#14), and other relevant resolutions

andstatements,

Expressing its utmost concern at the dire consequences of the prolongedconflict

for the civilian population throughout Liberia, in particular the increase inthe number

of refugees and internally displaced persons,

Stressing the urgent need for substantial humanitarian assistance to theLiberian

population,

Deploring all violations of human rights, particularly atrocities against

civilianpopulations, including widespread sexual violence against women and children,

Expressing also its deep concern at the limited access of humanitarian workersto

populations in need, including refugees and internally displaced persons, andstressing

the need for the continued operation of United Nations and other agencies’relief

operations, as well as promotion and monitoring of human rights,

Emphasizing the need for all parties to safeguard the welfare and security

ofhumanitarian workers and United Nations personnel in accordance with

applicablerules and principles of international law, and recalling in this regard its

resolution 1502 (2003),

Mindful of the need for accountability for violations of international humanitarian

law and urging the transitional government once established to ensure that the protection

of human rights and the establishment of a state based on the rule of law and of an

independent judiciary are among its highest priorities,

Reiterating its support for the efforts of the Economic Community of West African

States (ECOWAS), particularly organization Chairman and President of Ghana John

Kufuor, Executive Secretary Mohammed Ibn Chambas, and mediator General

Abdulsalami Abubakar, as well as those of Nigerian President Olusegun Obasanjo, to

bring peace to Liberia, and recognizing the critically important role they continue to

play in the Liberia peace process,

Welcoming the continued support of the African Union (AU) for the leadership

role of ECOWAS in the peace process in Liberia, in particular the appointment of an

AU Special Envoy for Liberia, and further encouraging the AU to continue to support

the peace process through close collaboration and coordination with ECOWAS and

the United Nations,

Commending the rapid and professional deployment of the ECOWAS Mission in

Liberia (ECOMIL) forces to Liberia, pursuant to its resolution 1497 (2003), as well as

Member States which have assisted ECOWAS in its efforts, and stressing the

responsibilities of all parties to cooperate with ECOMIL forces in Liberia,

Noting that lasting stability in Liberia will depend on peace in the subregion, and

emphasizing the importance of cooperation among the countries of the subregion to

this end, as well as the need for coordination of United Nations efforts to contribute to

the consolidation of peace and security in the subregion,

Gravely concerned by the use of child soldiers by armed rebel militias, government

forces, and other militias,

Reaffirming its support, as stated in its Statement by its President on 27 August

2003 (S#PRST#2003#14), for the Comprehensive Peace Agreement reached by Liberia’s

Government, rebel groups, political parties, and civil society leaders in Accra, Ghana

on 18 August 2003, and the Liberian ceasefire agreement, signed in Accra, 17 June

2003,

Reaffirming that the primary responsibility for implementing the Comprehensive

Peace Agreement and the ceasefire agreement rests with the parties, and urging the

parties to move forward with implementation of these agreements immediately in order

to ensure the peaceful formation of a transitional government by 14 October 2003,

Welcoming the 11 August 2003 resignation and departure of former Liberian

President Charles Taylor from Liberia, and the peaceful transfer of power from Mr.

Taylor,

Stressing the importance of the Joint Monitoring Committee (JMC), as provided

for by the 17 June ceasefire agreement, to ensuring peace in Liberia, and urging all

parties to establish this body as quickly as possible,

Recalling the framework for establishment of a longer-term United Nations

stabilization force to relieve the ECOMIL forces, as set out in resolution 1497 (2003),

Welcoming the Secretary-General’s report of 11 September 2003 (S#2003#875)

and its recommendations,

Taking note also of the intention of the Secretary-General to terminate the mandate

of the United Nations Office in Liberia (UNOL), as indicated in his letter dated 16

September 2003 addressed to the President of the Security Council (S#2003#899),

Taking note also of the intention of the Secretary-General to transfer the major

functions performed by UNOL to the United Nations Mission in Liberia (UNMIL),

together with staff of UNOL, as appropriate,

Determining that the situation in Liberia continues to constitute a threat to

international peace and security in the region, to stability in the West Africa subregion,

and to the peace process for Liberia,

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

1. Decides to establish the United Nations Mission in Liberia (UNMIL), the

stabilization force called for in resolution 1497 (2003), for a period of 12 months, and

requests the Secretary-General to transfer authority from the ECOWAS-led ECOMIL

forces to UNMIL on 1 October 2003, and further decides that UNMIL will consist of

up to 15,000 United Nations military personnel, including up to 250 military observers

and 160 staff officers, and up to 1,115 civilian police officers, including formed units

to assist in the maintenance of law and order throughout Liberia, and the appropriate

civilian component<

2. Welcomes the appointment by the Secretary-General of his Special

Representative for Liberia to direct the operations of UNMIL and coordinate all United

Nations activities in Liberia<

3. Decides that UNMIL shall have the following mandate>

Support for Implementation of the Ceasefire Agreement>

(a) to observe and monitor the implementation of the ceasefire agreement

and investigate violations of the ceasefire<

(b) to establish and maintain continuous liaison with the field headquarters

of all the parties’ military forces<

(c) to assist in the development of cantonment sites and to provide security

at these sites<

(d) to observe and monitor disengagement and cantonment of military forces

of all the parties<

(e)

to support the work of the JMC<

(f) to develop, as soon as possible, preferably within 30 days of the adoption

of this resolution, in cooperation with the JMC, relevant international financial

institutions, international development organizations, and donor nations, an action

plan for the overall implementation of a disarmament, demobilization,

reintegration, and repatriation (DDRR) programme for all armed parties< with

particular attention to the special needs of child combatants and women< and

addressing the inclusion of non-Liberian combatants<

(g) to carry out voluntary disarmament and to collect and destroy weapons

and ammunition as part of an organized DDRR programme<

(h) to liase with the JMC and to advise on the implementation of its functions

under the Comprehensive Peace Agreement and the ceasefire agreement<

(i) to provide security at key government installations, in particular ports,

airports, and other vital infrastructure<

Protection of United Nations Staff, Facilities and Civilians>

(j) to protect United Nations personnel, facilities, installations and equipment,

ensure the security and freedom of movement of its personnel and, without prejudice

to the efforts of the government, to protect civilians under imminent threat of physical

violence, within its capabilities<

Support for Humanitarian and Human Rights Assistance>

(k) to facilitate the provision of humanitarian assistance, including by helping

to establish the necessary security conditions<

(l) to contribute towards international efforts to protect and promote human

rights in Liberia, with particular attention to vulnerable groups including refugees,

returning refugees and internally displaced persons, women, children, and demobilized

child soldiers, within UNMIL’s capabilities and under acceptable security conditions,

in close cooperation with other United Nations agencies, related organizations,

governmental organizations, and non-governmental organizations<

(m) to ensure an adequate human rights presence, capacity and expertise within

UNMIL to carry out human rights promotion, protection, and monitoring activities<

Support for Security Reform>

(n) to assist the transitional government of Liberia in monitoring and restructuring

the police force of Liberia, consistent with democratic policing, to develop a civilian

police training programme, and to otherwise assist in the training of civilian police, in

cooperation with ECOWAS, international organizations, and interested States<

(o) to assist the transitional government in the formation of a new and restructured

Liberian military in cooperation with ECOWAS, international organizations and

interested States<

Support for Implementation of the Peace Process>

(p) to assist the transitional Government, in conjunction with ECOWAS and

other international partners, in reestablishment of national authority throughout the

country, including the establishment of a functioning administrative structure at both

the national and local levels<

(q) to assist the transitional government in conjunction with ECOWAS and other

international partners in developing a strategy to consolidate governmental institutions,

including a national legal framework and judicial and correctional institutions<

(r) to assist the transitional government in restoring proper administration of

natural resources<

(s) to assist the transitional government, in conjunction with ECOWAS and

other international partners, in preparing for national elections scheduled for no later

than the end of 2005<

4. Demands that the Liberian parties cease hostilities throughout Liberia and

fulfil their obligations under the Comprehensive Peace Agreement and the ceasefire

agreement, including cooperation in the formation of the JMC as established under the

ceasefire agreement<

In regulation 3 of the principal regulations, immediately after

sub-regulation (3), there shall be added the following new sub-

regulation>-

“(4) For the purposes of subarticle (4) of article 3 of the

Act, Resolution number 1509 (2003) adopted by the Security

Council of the United Nations on the 19th September, 2003, is

published in the English language in Schedule 1509 (2003) to these

regulations.”.

Immediately after sub-regulation (3) of regulation 4 of the

principal regulations, there shall be added the following new sub-

regulation>-

“(4) The provisions of sub-regulation (1) shall not apply to

supplies of arms and related material and technical training and

assistance intended solely for support of or use by the United

Nations Mission in Liberia (UNMIL).”.

Immediately after SCHEDULE 1478 (2003) there shall be

added the new SCHEDULE 1509 (2003) as follows>–

Calls upon all parties to cooperate fully in the deployment and operations of

UNMIL, including through ensuring the safety, security and freedom of movement of

United Nations personnel, together with associated personnel, throughout Liberia<

Encourages UNMIL, within its capabilities and areas of deployment, to

support the voluntary return of refugees and internally displaced persons<

Requests the Liberian Government to conclude a status-of-force agreement

with the Secretary-General within 30 days of adoption of this resolution, and notes

that pending the conclusion of such an agreement the model status-offorce agreement

dated 9 October 1990 (A#45#594) shall apply provisionally<

Calls upon all parties to ensure, in accordance with relevant provisions of

international law, the full, safe and unhindered access of relief personnel to all those in

need and delivery of humanitarian assistance, in particular to internally displaced persons

and refugees<

Recognizes the importance of the protection of children in armed conflict, in

accordance with its resolution 1379 (2001) and related resolutions<

Demands that all parties cease all use of child soldiers, that all parties cease

all human rights violations and atrocities against the Liberia population, and stresses

the need to bring to justice those responsible<

Reaffirms the importance of a gender perspective in peacekeeping operations

and post-conflict peace-building in accordance with resolution 1325 (2000), recalls

the need to address violence against women and girls as a tool of warfare, and encourages

UNMIL as well as the Liberian parties to actively address these issues<

Decides that the measures imposed by paragraphs 5 (a) and 5 (b) of resolution

1343 (2001) shall not apply to supplies of arms and related materiel and technical

training and assistance intended solely for support of or use by UNMIL<

Reiterates its demand that all States in the region cease military support for

armed groups in neighbouring countries, take action to prevent armed individuals and

groups from using their territory to prepare and commit attacks on neighbouring

countries and refrain from any actions that might contribute to further destabilization

of the situation in the region, and declares its readiness to consider, if necessary, ways

of promoting compliance with this demand<

Calls upon the transitional government to restore fully Liberia’s relations with

its neighbours and to normalize Liberia’s relations with the international community<

Calls on the international community to consider how it might help future

economic development in Liberia aimed at achieving long-term stability in Liberia

and improving the welfare of its people<

Stresses the need for an effective public information capacity, including the

establishment as necessary of United Nations radio stations to promote understanding

of the peace process and the role of UNMIL among local communities and the parties<

Calls on the Liberian parties to engage for the purpose of addressing the

question of DDRR on an urgent basis and urges the parties, in particular the transitional

government of Liberia, and rebel groups Liberians United for Reconciliation and

Democracy (LURD) and the Movement for Democracy in Liberia (MODEL), to work

closely with UNMIL, the JMC, relevant assistance organizations, and donor nations,

in the implementation of a DDRR programme<

Calls on the international donor community to provide assistance for the

implementation of a DDRR programme, and sustained international assistance to the

peace process, and to contribute to consolidated humanitarian appeals<

Requests the Secretary-General to provide regular updates, including a formal

report every 90 days to the Council on the progress in the implementation of the Comprehensive

Peace Agreement and this resolution, including the implementation of UNMIL’s mandate<

Decides to remain actively seized of the matter.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press