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Cablegate: Unsc Unanimously Adopts Hybrid Resolution

VZCZCXRO8635
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMA RUEHMR RUEHPA RUEHRN RUEHROV
RUEHTRO
DE RUCNDT #0632/01 2140001
ZNR UUUUU ZZH
P 020001Z AUG 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 2374
INFO RUEHZO/AFRICAN UNION COLLECTIVE PRIORITY
RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHDS/AMEMBASSY ADDIS ABABA PRIORITY 1416
RUEHAE/AMEMBASSY ASMARA PRIORITY 1179
RUEHRL/AMEMBASSY BERLIN PRIORITY 0839
RUEHEG/AMEMBASSY CAIRO PRIORITY 0863
RUEHDR/AMEMBASSY DAR ES SALAAM PRIORITY 0256
RUEHKH/AMEMBASSY KHARTOUM PRIORITY 0829
RUEHNJ/AMEMBASSY NDJAMENA PRIORITY 0314
RUEHNY/AMEMBASSY OSLO PRIORITY 0755
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0901
RUEHTRO/AMEMBASSY TRIPOLI PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

UNCLAS SECTION 01 OF 06 USUN NEW YORK 000632

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM PREF PREL SU UNSC KPKO
SUBJECT: UNSC UNANIMOUSLY ADOPTS HYBRID RESOLUTION

REF: A. SECSTATE 106479

USUN NEW Y 00000632 001.2 OF 006

B. HTTP://WWW.UN.ORG/NEWS/PRESS/DOCS/2007/SGSM11 110.-
DOC.HTM
C. HTTP://WWW.UN.ORG/NEWS/PRESS/DOCS/2007/SC9089 .DOC-
.HTM

1. (U) At a July 31 public meeting, the United Nations
Security Council adopted the draft resolution authorizing the
hybrid UN-African Union (AU) peacekeeping operation for
Darfur. The resolution was co-sponsored by Belgium, Congo,
France, Italy, Peru, Slovakia and the UK, and was adopted
unanimously by a vote count of 15 in favor and zero opposed.
The resolution was adopted as UN document S/RES/1769 (2007);
text in paragraph 6.

2. (SBU) Given the significance of Council authorization for
the hybrid force, UN Secretary-General (SYG) Ban Ki-moon
participated in the meeting and delivered a statement
welcoming the resolution's adoption while cautioning that
"time is not on our side" with regard to deployment of the
force, which will require a massive troop and police
recruiting effort and establishment of command and control
structures. Full text of the SYG's remarks can be found ref
B. Department of Peacekeeping Operations Under-SYG Guehenno
and Assistant-SYG Holl Lute also attended the meeting and
made subsequent remarks to the press in support of SYG Ban's
statement and the UN intent to mobilize to support prompt
implementation of the resolution. Highlighting the need for
the hybrid to have a quick reaction capability, Guehenno
noted that mobility would be a challenge for the hybrid force
and warned that air assets necessary for this mobility, like
attack helicopters, would constitute a large portion of the
$2.5 billion price tag for the hybrid's first year. Guehenno
added that there was a substantial deficiency in hybrid
police contributions.

3. (SBU) 13 of 15 Council Members delivered explanations of
vote, all welcoming adoption by consensus of the resolution
(summaries of Members' statements can be found at ref C).
Drawing from ref A guidance, Ambassador Khalilzad emphasized
the hybrid's Chapter VII mandate for the force to act to
prevent armed attacks against civilians and disruption of the
Darfur Peace Agreement. He called on President Bashir to
provide the maximum level of compliance, in the absence of
which the USG would explore unilateral and multilateral
measures against Sudan. UK Permanent Representative (PR)
Jones Parry made a similar warning about possible
consequences for non-compliance. After the meeting the
Sudanese PR, who attended the meeting but did not
participate, remarked to Ambassador Khalilzad that the U.S.
had been the only delegation to mention the possibility of
sanctions in its intervention on the hybrid resolution.

4. (SBU) Khartoum's Council allies, including Qatar,
Indonesia and China, made a point in their interventions of
highlighting the importance of the Tripartite Mechanism (the
UN, AU and Sudanese Government of National Unity) in moving
forward on Darfur. Chinese PR and July Council President
Wang went so far as to call the Tripartite Mechanism "the
political prerequisite on which the resolution was adopted,"
something the Indonesian PR echoed in his statement that the
resolution "was based on the Tripartite approach." (COMMENT:
This call, clearly orchestrated by Sudan, could foreshadow
Sudanese obstruction to come in implementing UNSCR 1769 and
in deploying the hybrid operation. END COMMENT.)

5. (SBU) A representative of the AU also participated in the
meeting and delivered a statement thanking the Council for
its support and seeking its continued collaboration on
Darfur. She made an appeal to Members for support to AMIS
until the transition was completed and for "generous
contributions" to the hybrid. In this regard the UN
Secretariat earlier in the day circulated to Members a July

SIPDIS
30 letter from the SYG to the Council Presidency informing
the Council of his intention to seek General Assembly
authorization to reimburse AMIS troop contributors for
military troop costs per UN standard rates until AMIS'

USUN NEW Y 00000632 002.2 OF 006


mandate expiration on December 31. In his intervention the
French Deputy PR alluded to the need for the Council to
settle the situations in Chad and Central African Republic to
provide security for IDPs and refugees. (NOTE: The French
have signaled they intend to circulate a Council resolution
on Chad/CAR in August. END NOTE.)

6. (U) Begin UNSCR 1769 text:

The Security Council,

Recalling all its previous resolutions and presidential
statements concerning the situation in Sudan,

Reaffirming its strong commitment to the sovereignty, unity,
independence and territorial integrity of Sudan, and to the
cause of peace, and expressing its determination to work with
the Government of Sudan, in full respect of its sovereignty,
to assist in tackling the various problems in Darfur, Sudan,

Recalling the conclusions of the Addis Ababa high-level
consultation on the situation in Darfur of 16 November 2006
as endorsed in the communiqu of the 66th meeting of the
Peace and Security Council of the African Union held in Abuja
on 30 November 2006 as well as the communiqu of 79th meeting
of the Peace and Security Council of the African Union on 22
June 2007, recalling the statement of its President of 19
December 2006 endorsing the Addis Ababa and Abuja agreements,
welcoming the progress made so far and calling for them to be
fully implemented by all parties without delay and for all
parties to facilitate the immediate deployment of the United
Nations Light and Heavy Support packages to the African Union
Mission in the Sudan (AMIS) and a Hybrid operation in Darfur,
for which back-stopping and command and control structures
will be provided by the United Nations, and recalling that
co-operation between the UN and the regional arrangements in
matters relating to the maintenance of peace and security is
an integral part of collective security as provided for in
the Charter of the United Nations,

Re-affirming also its previous resolutions 1325 (2000) on
women, peace and security, 1502 (2003) on the protection of
humanitarian and United Nations personnel, 1612 (2005) on
children and armed conflict and the subsequent conclusions of
the Security Council Working Group on Children in Armed
Conflict pertaining to parties to the armed conflict in Sudan
(S/2006/971), and 1674 (2006) on the protection of civilians
in armed conflict, as well as recalling the report of its
Mission to Addis Ababa and Khartoum from 16 to 17 June 2007,

Welcoming the report of the Secretary-General and the
Chairperson of the African Union Commission of 5 June 2007,

Commending in this regard the agreement of Sudan that the
Hybrid operation shall be deployed in Darfur, as detailed in
the conclusions of the high-level AU/UN consultations with
the Government of Sudan in Addis Ababa on 12 June 2007 and
confirmed in full during the Council's meeting with the
President of Sudan on 17 June in Khartoum,

Recalling the Addis Ababa Agreement that the Hybrid operation
should have a predominantly African character and the troops
should, as far as possible, be sourced from African countries,

Commending the efforts of the African Union for the
successful deployment of AMIS, as well as the efforts of
member states and regional organisations that have assisted
it in its deployment, stressing the need for AMIS, as
supported by the United Nations Light and Heavy Support
Packages, to assist implementation of the Darfur Peace
Agreement until the end of its mandate, calling upon the
Government of Sudan to assist in removing all obstacles to
the proper discharge by AMIS of its mandate; and recalling
the communiqu of the 79th meeting of the Peace and Security
Council of the African Union of 22 June to extend the mandate
of AMIS for an additional period not exceeding six months
until 31 December 2007,

USUN NEW Y 00000632 003.2 OF 006

Stressing the urgent need to mobilise the financial,
logistical and other support and assistance required for AMIS,

Welcoming the ongoing preparations for the Hybrid operation,
including the putting in place of logistical arrangements in
Darfur, at United Nations Headquarters and the African Union
Commission Headquarters, force and police generation efforts
and on-going joint efforts by the Secretary General and the
Chairperson of the African Union to finalise essential
operational policies, and further welcoming action taken so
that appropriate financial and administrative mechanisms are
established to ensure the effective management of the Hybrid,

Re-iterating its belief in the basis provided by the Darfur
Peace Agreement for a lasting political solution and
sustained security in Darfur, deploring that the Agreement
has not been fully implemented by the signatories and not
signed by all parties to the conflict in Darfur, calling for
an immediate cease-fire, urging all parties not to act in any
way that would impede the implementation of the Agreement,
and recalling the communiqu of the second international
meeting on the situation in Darfur convened by the African
Union and United Nations Special Envoys in Tripoli from 15-16
July 2007,

Noting with strong concern on-going attacks on the civilian
population and humanitarian workers and continued and
widespread sexual violence, including as outlined in the
Report of the Secretary-General and the Chairperson of the
African Union Commission on the Hybrid Operation in Darfur
and the report of the Secretary-General of 23 February 2007,
emphasising the need to bring to justice the perpetrators of
such crimes and urging the Government of Sudan to do so, and
reiterating in this regard its condemnation of all violations
of human rights and international humanitarian law in Darfur,

Reiterating its deep concern for the security of humanitarian
aid workers and their access to populations in need,
condemning those parties to the conflict who have failed to
ensure the full, safe and unhindered access of relief
personnel to all those in need in Darfur as well as the
delivery of humanitarian assistance, in particular to
internally displaced persons and refugees, and recognising
that, with many citizens in Darfur having been displaced,
humanitarian efforts remain a priority until a sustained
cease-fire and inclusive political process are achieved,

Demanding that there should be no aerial bombings and the use
of United Nations markings on aircraft used in such attacks,

Reaffirming its concern that the ongoing violence in Darfur
might further negatively affect the rest of Sudan as well as
the region, stressing that regional security aspects must be
addressed to achieve long-term peace in Darfur, and calling
on the Governments of Sudan and Chad to abide by their
obligations under the Tripoli Agreement of 8 February 2006
and subsequent bilateral agreements,

Determining that the situation in Darfur, Sudan, continues to
constitute a threat to international peace and security,

Decides, in support of the early and effective implementation
of the Darfur Peace Agreement and the outcome of the
negotiations foreseen in paragraph 18, to authorise and
mandate the establishment, for an initial period of 12
months, of an AU/UN Hybrid operation in Darfur (UNAMID) as
set out in this resolution and pursuant to the report of the
Secretary-General and the Chairperson of the African Union

SIPDIS
Commission of 5 June 2007, and further decides that the
mandate of UNAMID shall be as set out in paragraphs 54 and 55
of the report of the Secretary General and the Chairperson of
the African Union Commission of 5 June 2007;

Decides that UNAMID, which shall incorporate AMIS personnel
and the UN Heavy and Light Support Packages to AMIS, shall
consist of up to 19,555 military personnel, including 360

USUN NEW Y 00000632 004.2 OF 006


military observers and liaison officers, and an appropriate
civilian component including up to 3,772 police personnel and
19 formed police units comprising up to 140 personnel each;

Welcomes the appointment of the AU-UN Joint Special
Representative for Darfur Rodolphe Adada and Force Commander
Martin Agwai, and calls on the Secretary-General to
immediately begin deployment of the command and control
structures and systems necessary to ensure a seamless
transfer of authority from AMIS to UNAMID;

Calls on all parties to urgently facilitate the full
deployment of the UN Light and Heavy Support Packages to AMIS
and preparations for UNAMID, and further calls on member
states to finalise their contributions to UNAMID within 30
days of the adoption of this resolution and on the
Secretary-General and the Chairperson of the African Union

SIPDIS
Commission to agree the final composition of the military
component of UNAMID within the same time period;

Decides that:
(a) no later than October 2007, UNAMID shall
establish an initial operational capability for the
headquarters, including the necessary management and command
and control structures, through which operational directives
will be implemented, and shall establish financial
arrangements to cover troops costs for all personnel deployed
to AMIS;
(b) as of October 2007, UNAMID shall complete
preparations to assume operational command authority over the
Light Support Package, personnel currently deployed to AMIS,
and such Heavy Support Package and hybrid personnel as may be
deployed by that date, in order that it shall perform such
tasks under its mandate as its resources and capabilities
permit immediately upon transfer of authority consistent with
sub-paragraph (c) below;
(c) as soon as possible and no later than 31 December
2007, UNAMID having completed all remaining tasks necessary
to permit it to implement all elements of its mandate, will
assume authority from AMIS with a view to achieving full
operational capability and force strength as soon as possible
thereafter;

Requests the Secretary General to report to the Council
within 30 days of the passage of this resolution and every 30
days thereafter, on the status of UNAMID's implementation of
the steps specified in paragraph 5, including on the status
of financial, logistical, and administrative arrangements for
UNAMID and on the extent of UNAMID's progress toward
achieving full operational capability;

Decides that there will be unity of command and control
which, in accordance with basic principles of peacekeeping,
means a single chain of command, further decides that command
and control structures and backstopping will be provided by
the United Nations, and, in this context, recalls the
conclusions of the Addis Ababa high level consultation on the
situation in Darfur of 16 November;

Decides that force and personnel generation and
administration shall be conducted as set out in paragraphs
113-115 of the report of the Secretary-General and the
Chairperson of the African Union Commission of 5 June 2007,
and requests the Secretary-General to put in place without
delay the practical arrangements for deploying UNAMID
including submitting to the General Assembly recommendations
on funding and effective financial management and oversight
mechanisms;

Decides that UNAMID shall monitor whether any arms or related
material are present in Darfur in violation of the Agreements
and the measures imposed by paragraphs 7 and 8 of resolution
1556 (2004);

Calls on all Member States to facilitate the free, unhindered
and expeditious movement to Sudan of all personnel, as well
as equipment, provisions, supplies and other goods, including

USUN NEW Y 00000632 005.2 OF 006


vehicles and spare parts, which are for the exclusive use of
UNAMID in Darfur;

Stresses the urgent need to mobilise the financial,
logistical and other support required for AMIS, and calls on
member states and regional organisations to provide further
assistance, in particular to permit the early deployment of
two additional battalions during the transition to UNAMID;

Decides that the authorised strength of UNMIS shall revert to
that specified in resolution 1590 (2005) upon the transfer of
authority from AMIS to UNAMID pursuant to paragraph 5(c);

Calls on all the parties to the conflict in Darfur to
immediately cease all hostilities and commit themselves to a
sustained and permanent cease-fire;

Demands an immediate cessation of hostilities and attacks on
AMIS, civilians and humanitarian agencies, their staff and
assets and relief convoys, and further demands that all
parties to the conflict in Darfur fully co-operate with AMIS,
civilians and humanitarian agencies, their staff and assets
and relief convoys, and give all necessary assistance to the
deployment of the United Nations Light and Heavy Support
Packages to AMIS, and to UNAMID;

Acting under Chapter VII of the Charter of the United Nations:
(a) decides that UNAMID is authorised to take the
necessary action, in the areas of deployment of its forces
and as it deems within its capabilities in order to:
(i) protect its personnel, facilities, installations
and equipment, and to ensure the security and freedom of
movement of its own personnel and humanitarian workers,
(ii) support early and effective implementation of the
Darfur Peace Agreement, prevent the disruption of its
implementation and armed attacks, and protect civilians,
without prejudice to the responsibility of the Government of
Sudan;
(b) requests that the Secretary-General, in
consultation with the Chairperson of the African Union
Commission, and the Government of Sudan conclude within 30
days a status-of-forces agreement with respect to UNAMID,
taking into consideration General Assembly resolution 58/82
on the scope of legal protection under the Convention on the
Safety of United Nations and Associated Personnel and General
Assembly resolution 61/133 on the Safety and Security of
Humanitarian Personnel and the Protection of United Nations
Personnel, and decides that pending the conclusion of such an
agreement the model status-of-forces agreement dated 9
October 1990 (A/45/594) shall provisionally apply with
respect to UNAMID personnel operating in that country;

Requests the Secretary-General to take the necessary measures
to achieve actual compliance in UNAMID with the United
Nations zero-tolerance policy on sexual exploitation and
abuse, including the development of strategies and
appropriate mechanisms to prevent, identify and respond to
all forms of misconduct, including sexual exploitation and
abuse, and the enhancement of training for personnel to
prevent misconduct and ensure full compliance with the United
Nations code of conduct, and to further take all necessary
action in accordance with the Secretary-General's Bulletin on
special measures for protection from sexual exploitation and
sexual abuse (ST/SGB/2003/13) and to keep the Council
informed, and urges troop-contributing countries to take
appropriate preventive action including the conduct of
pre-deployment awareness training and, in the case of forces
previously deployed under AU auspices, post-deployment
awareness training, and to take disciplinary action and other
action to ensure full accountability in cases of such conduct
involving their personnel;

Calls on all concerned parties to ensure that the protection
of children is addressed in the implementation of the Darfur
Peace Agreement, and requests the Secretary-General to ensure
continued monitoring and reporting of the situation of
children and continued dialogue with parties to the conflict

USUN NEW Y 00000632 006.2 OF 006


towards the preparations of time-bound action plans to end
recruitment and use of child soldiers and other violations
against children;

Emphasises there can be no military solution to the conflict
in Darfur, welcomes the commitment expressed by the
Government of Sudan and some other parties to the conflict to
enter into talks and the political process under the
mediation, and in line with the deadlines set out in the
roadmap, of the United Nations Special Envoy for Darfur and
the African Union Special Envoy for Darfur, who have its full
support, looks forward to these parties doing so, calls on
the other parties to the conflict to do likewise, and urges
all the parties, in particular the non?signatory movements,
to finalise their preparations for the talks;

Welcomes the signature of a Joint Communiqu between the
Government of Sudan and the United Nations on Facilitation of
Humanitarian Activities in Darfur, and calls for it to be
fully implemented and on 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;

Emphasises the need to focus, as appropriate, on
developmental initiatives that will bring peace dividends on
the ground in Darfur, including in particular, finalising
preparations for reconstruction and development, return of
IDPs to their villages, compensation and appropriate security
arrangements;

Requests the Secretary-General to report to the Council for
its consideration no later than every 90 days after the
adoption of this resolution on progress being made on, and
immediately as necessary on any obstacles to:
(a) the implementation of the Light and Heavy Support
Packages and UNAMID,
(b) the implementation of the Joint Communiqu
between the Government of Sudan and the United Nations on
Facilitation of Humanitarian Activities in Darfur,
(c) the political process,
(d) the implementation of the Darfur Peace Agreement
and the parties' compliance with their international
obligations and their commitments under relevant agreements,
and
(e) the cease-fire and the situation on the ground in
Darfur;

Demands that the parties to the conflict in Darfur fulfil
their international obligations and their commitments under
relevant agreements, this resolution and other relevant
Council resolutions;

Recalls the reports of the Secretary-General of 22 December
2006 (S/2006/1019) and 23 February 2007 (S/2007/97) which
detail the need to improve the security of civilians in the
regions of eastern Chad and north-eastern Central African
Republic, expresses its readiness to support this endeavour,
and looks forward to the Secretary-General reporting on his
recent consultations with the Governments of Chad and CAR;

Emphasises its determination that the situation in Darfur
shall significantly improve so that the Council can consider,
in due course and as appropriate, and taking into
consideration recommendations of the Secretary-General and
the Chairperson of the African Union, the drawing down and
eventual termination of UNAMID;

Decides to remain seized of the matter.

7. (U) End UNSCR 1769 text.

KHALILZAD

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