Resolution 1295 (2000)
Adopted by the Security Council at its 4129th meeting, on 18 April 2000
The Security Council,
Reaffirming its resolution 864 (1993) of 15 September 1993 and all
subsequent relevant resolutions, in particular resolutions 1127 (1997)
of 28 August 1997, 1173 (1998) of 12 June 1998 and 1237 (1999) of 7
May 1999,
Reaffirming also its commitment to preserve the sovereignty and
territorial integrity of Angola,
Expressing its alarm at the impact of the continuing civil
war on the civilian population of Angola,
Reiterating that the primary cause of the present crisis in Angola
is the refusal of the Uni�o Nacional Para a Independ�ncia Total de
Angola (UNITA), under the leadership of Mr. Jonas Savimbi, to comply
with its obligations under the "Accordos de Paz" (S/ 22609, annex),
the Lusaka Protocol (S/ 1994/ 1441, annex) and relevant Security Council
resolutions, and reiterating also its demand that UNITA comply
immediately and without condition with those obligations, in particular
the complete demilitarization of its forces and full cooperation in
the immediate and unconditional extension of State administration throughout
the territory of Angola,
Noting that the measures against UNITA are intended to promote
a political settlement to the conflict in Angola by requiring UNITA
to comply with the
obligations which it undertook under the "Accordos de Paz" and the Lusaka
Protocol and by curtailing the ability of UNITA to pursue its objectives
by military means,
Emphasizing its concern at violations of the measures concerning
arms and related mat�riel, petroleum and petroleum products, diamonds,
funds and financial assets and travel and representation, imposed against
UNITA, contained in resolutions 864 (1993), 1127 (1997) and 1173 (1998),
Recalling the provisions of resolution 864 (1993), and expressing
its concern at the reports of supply to UNITA of military assistance,
including weapons-related training and advice, and at the presence of
foreign mercenaries,
Expressing its appreciation and strong support for the efforts
of the Chairman of the Committee established pursuant to resolution
864 (1993) aimed at improving the effectiveness of the measures imposed
against UNITA,
Noting with appreciation the decisions taken by the Organization
of African Unity (OAU) and the Southern African Development Community
(SADC) in
support of the implementation of the measures imposed against UNITA,
Recalling the Final Communiqu� of the meeting of Ministers of Foreign
Affairs and Heads of Delegation of Non-Aligned Countries held in New
York on 23 September 1999, and noting the Final Document adopted
by the XIII Ministerial Conference of the Movement of Non-Aligned Countries
held at Cartagena, Colombia, from 7-9 April 2000 in support of the implementation
of the measures imposed against UNITA,
Determining that the situation in Angola constitutes a threat
to international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Stresses the obligation of all Member States to comply fully
with the measures imposed against UNITA contained in resolutions 864
(1993), 1127 (1997) and 1173 (1998), and emphasizes that non-compliance
with those measures constitutes a violation of the provisions of the
Charter of the United Nations;
2. Wel comes the report of the Panel of Experts established
pursuant to resolution 1237 (1999) (S/ 2000/ 203), and notes the
conclusions and
recommendations contained therein;
3. Requests the Secretary-General to establish a monitoring mechanism
composed of up to five experts, for a period of six months from its
effective entry
into operation, to collect additional relevant information and investigate
relevant leads relating to any allegations of violations of the measures
contained in
resolutions 864 (1993), 1127 (1997) and 1173 (1998), including any relevant
leads initiated by the Panel of Experts, including through visits to
relevant countries, and to report periodically to the Committee, including
providing a written report by 18 October 2000, with a view to improving
the implementation of the measures imposed against UNITA, and further
requests the Secretary-General, within 30 days of adoption of this
resolution and acting in consultation with the Committee, to appoint
experts to serve on the monitoring mechanism;
4. Calls upon all States to cooperate with the monitoring mechanism
in the discharge of its mandate;
5. Expresses its intention to review the situation regarding
the implementation of the measures contained in resolutions 864 (1993),
1127 (1997)
and 1173 (1998) on the basis of information provided, inter alia,
by the Panel of Experts, by States, including in particular any
that are mentioned in the report of the Panel of Experts, and by the
monitoring mechanism established by this resolution, expresses also
its readiness, on the basis of the results of this review, to consider
appropriate action in accordance with the Charter of the United Nations
in relation to States it determines to have violated the measures contained
in those resolutions, and establishes 18 November 2000 as the
deadline for an initial decision in this regard;
6. Further undertakes to consider, by 18 November 2000, the application
of additional measures against UNITA under Article 41 of the Charter
of the United Nations and the development of additional tools to render
the existing measures imposed against UNITA more effective;
7. Wel comes the decisions of several of the States referred
to in the report of the Panel of Experts to establish interdepartmental
commissions and other
mechanisms to investigate the allegations contained in the report, invites
those States to keep the Committee informed of the results of such
investigations, further invites other States referred to in the
report to consider the allegations contained therein, takes note
of the information provided to the Council by States in response
to the conclusions and recommendations of the Panel of Experts, and
requests the Committee to consider fully all such information,
including, where appropriate, through discussion with representatives
of the States concerned, and to invite the submission of additional
information where appropriate; With regard to the trade in arms,
8. Encourages all States to exercise all due diligence, in order
to prevent the diversion or trans-shipment of weapons to unauthorized
end-users or unauthorized destinations where such diversion or trans-shipment
risks resulting in the violation of the measures contained in resolution
864 (1993), including by requiring end-use documentation or equivalent
measures before exports from their territories are allowed, and further
encourages all States to ensure effective monitoring and regulation
in the export of weapons, including by private arms brokers, where they
do not already do so;
9. Invites States to consider the proposal to convene one or
more conferences of representatives of countries that are manufacturers
and, in particular,
exporters of weapons for the purpose of developing proposals to stem
the illicit flow of arms into Angola, calls for the provision
of necessary financial support for such conferences by States, and urges
that representatives of the SADC Member States be invited to participate
in any such conference or conferences; With regard to the trade in petroleum
and petroleum products,
10. Encourages the convening of a conference of experts to devise
a regime for curbing the illegal supply of petroleum and petroleum products
into UNITA-controlled areas, including physical inspection as well as
the broader monitoring of petroleum supply in the area, and further
encourages any such conference to focus on the role and capacity
of SADC in the implementation of such a regime;
11. Invites SADC to consider the establishment of monitoring
activities in the border areas adjacent to Angola for the purpose of
reducing the opportunities for the smuggling of petroleum and petroleum
products into areas under the control of UNITA, including through the
monitoring of fuel supplies and transfers thereof;
12. Invites SADC to take the lead in establishing an information-exchange
mechanism involving petroleum companies and governments to facilitate
the flow of information regarding possible illegal diversions of fuel
to UNITA;
13. Further invites SADC to take the lead in carrying out chemical
analysis of fuel samples obtained from petroleum suppliers in the SADC
region and, using the results, to create a database for the purpose
of determining the sources of fuel obtained or captured from UNITA;
14. Calls upon the Government of Angola to implement additional
internal controls and inspection procedures with respect to the distribution
of petroleum and petroleum products for the purpose of enhancing the
effectiveness of the measures contained in resolution 864 (1993), and
invites the Government of Angola to inform the Committee of the
steps taken in this regard;
15. Calls upon all States to enforce strictly safety and control
regulations relating to the transportation by air of fuel and other
hazardous commodities, in
particular in the area around Angola, urges States to develop
such regulations where they do not exist already, and, in this regard,
requests all States to provide relevant information to the International
Air Transport Association, the International Civil Aviation Organization
(ICAO) and the Committee;
With regard to the trade in diamonds,
16. Expresses its concern that illicit trade in diamonds constitutes
a principal source of funding for UNITA, encourages States hosting
diamond markets to impose significant penalties for the possessing of
rough diamonds imported in contravention of the measures contained in
resolution 1173 (1998), emphasizes, in this connection, that
the implementation of the measures contained in that resolution requires
an effective Certificate of Origin regime, welcomes the introduction
by the Government of Angola of new control arrangements involving redesigned
and reconcilable Certificates of Origin, and invites the Government
of Angola to provide Member States with full details of the Certificate
of Origin scheme and to brief the Committee on this scheme;
17. Wel comes the steps announced by the Government of Belgium
on 3 March 2000 in support of the more effective implementation of the
measures
contained in resolution 1173 (1998), welcomes also the establishment
by the Government of Belgium of an inter-ministerial task force to curb
sanctions
violations, further welcomes the measures taken by the Diamond
High Council, in conjunction with the Government of Angola, to render
sanctions more effective, invites the Government of Belgium and the
Diamond High Council to continue to cooperate with the Committee to
devise practical measures to limit access by UNITA to the legitimate
diamond market and welcomes their public affirmations in this
regard, and further invites other States hosting diamond markets,
as well as other States closely involved with the diamond industry,
also to cooperate with the Committee to devise practical measures to
the same end and to inform the Committee of measures taken in this regard;
18. Wel comes the proposal that a meeting of experts be convened
for the purpose of devising a system of controls to facilitate the implementation
of the 4
measures contained in resolution 1173 (1998), including arrangements
that would allow for increased transparency and accountability in the
control of diamonds from their point of origin to the bourses, emphasizes
that it is important that, in devising such controls, every effort
be made to avoid inflicting collateral damage on the legitimate diamond
trade, and welcomes the intention of the Republic of South Africa
to host a relevant conference this year;
19. Calls upon relevant States to cooperate with the diamond
industry to develop and implement more effective arrangements to ensure
that members of the diamond industry worldwide abide by the measures
contained in resolution 1173 (1998) and to inform the Committee regarding
progress in this regard;
With regard to funds and financial measures,
20. Encourages States to convene a conference of experts to explore
possibilities to strengthen the implementation of the financial measures
imposed
against UNITA contained in resolution 1173 (1998);
21. Calls upon all States to work with financial institutions
on their territory to develop procedures to facilitate the identification
of funds and financial assets that may be subject to the measures contained
in resolution 1173 (1998) and the freezing of such assets;
With regard to measures relating to travel and representation,
22. Emphasizes the importance of States acting to prevent the
circumvention on or from their territory of the measures contained in
resolutions 864 (1993), 1127 (1997) and 1173 (1998), and invites
States to review the status of UNITA officials and representatives,
as well as all adult members of their families, designated by the Committee
pursuant to resolution 1127 (1997) and believed to be residing on their
territory, with a view to suspending or cancelling their travel documents,
visas and residence permits in conformity with that resolution;
23. Calls upon States that have issued passports to UNITA officials
and adult members of their families designated by the Committee pursuant
to resolution 1127 (1997) to cancel those passports in conformity with
paragraph 4 (b) of that resolution and to report to the Committee on
the status of their efforts in this regard;
24. Requests the Committee, in consultation with the Government
of Angola, to update the list of UNITA officials and adult members of
their immediate families who are subject to travel restrictions and
to expand the information contained in that list, including date and
place of birth and any known addresses, and further requests the
Committee to consult relevant States, including the Government of Angola,
regarding the possible expansion of that list, drawing on the information
set out in paragraphs 140 to 154 of the report of the Panel of Experts;
With regard to additional steps,
25. Invites SADC to consider the introduction of measures to
strengthen air traffic control systems in the subregion for the purpose
of detecting illegal flight
activities across national borders, and further invites SADC
to liaise with ICAO to consider the establishment of an air traffic
regime for the control of regional air space;
26. Urges all States to make available to the Committee information
on the violation of the measures contained in resolutions 864 (1993),
1127 (1997) and 1173 \(1998);
27. Further urges all States, including those geographically
close to Angola, to take immediate steps to enforce, strengthen or enact
legislation making it a
criminal offence under domestic law for their nationals or other individuals
operating on their territory to violate the measures imposed by the
Council against UNITA, where they have not already done so, and to inform
the Committee of the adoption of such measures, and invites States
to report the results of all related investigations or prosecutions
to the Committee;
28. Encourages States to inform the relevant professional associations
and certification bodies of the measures contained in resolutions 864
(1993), 1127
(1997) and 1173 (1998), to seek action by these bodies where those
measures are violated, and to consult with such bodies with a view to
improving the implementation of those measures;
29. Invites the Secretary-General to strengthen collaboration
between the United Nations and regional and international organizations,
including Interpol, that may be involved in monitoring or enforcing
the implementation of the measures contained in resolutions 864 (1993),
1127 (1997) and 1173 (1998);
30. Further invites the Secretary-General to develop an information
package and media campaign designed to educate the public at large on
the measures contained in resolutions 864 (1993), 1127 (1997) and 1173
(1998);
31. Wel comes the appeal, by the Council of Ministers of the
OAU meeting in Algiers in July 1999, to all Member States of the OAU
to work strenuously for the implementation of all Security Council resolutions,
especially those relating to measures imposed against UNITA (A/ 54/
424, annex I), undertakes to convey the report of the Panel of
Experts to the Chairman of the OAU, and requests the Secretary-General
to transmit the report to the OAU Secretary-General;
32. Underlines the important role played by SADC in the implementation
of the measures contained in resolutions 864 (1993), 1127 (1997) and
1173 (1998) and its determination to strengthen the implementation of
the measures against UNITA, invites SADC to make known to the
Committee what assistance SADC requires in implementing this and previous
relevant resolutions, expresses its intention to initiate a dialogue
with SADC with regard to the implementation of activities contained
in this resolution, strongly urges States and international organizations
to consider the provision of financial and technical assistance to SADC
in this regard, recalls the Final Communiqu� of the Summit of
the Heads of State or Government of SADC adopted at Grand Baie, Mauritius,
on 13 and 14 September 1998 (S/ 1998/ 915) relating to the application
of measures imposed against UNITA, undertakes to convey the report
of the Panel of Experts to the Chairman of SADC, and requests the
Secretary-General to transmit the report to the Executive Secretary
of SADC;
33. Decides to remain actively seized of the matter.
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