RESOLUTION S93R865

S/RES/865 (1993)

22 September 1993

Adopted by the Security Council at its 3280th meeting, on 22 September 1993

The Security Council,

Reaffirming its resolutions 733 (1992) of 23 January 1992, 746 (1992) of 17 March 1992, 751 (1992) of 24 April 1992, 767 (1992) of 27 July 1992, 755 (1992) of 28 August 1992, 794 (1992) of 3 December 1992, 814 (1993) of 26 March 1993 and 837 (1993) of 6 June 1993,

Having considered the report of the Secretary-General (S/26317) of 17 August 1993,

Stressing the importance of continuing the peace process initiated by the Addis Ababa agreement and in this connection welcoming the efforts of African countries, the Organization of African Unity, in particular its Horn of Africa Standing Committee, the League of Arab States and the Organization of the Islamic Conference, in cooperation with and in support of the United Nations, to promote national reconciliation in Somalia,

Stressing the commitment of the international community to help Somalia regain a normal, peaceful life, while recognizing that the people of Somalia bear the ultimate responsibility for national reconciliation and reconstruction of their own country,

Expressing its appreciateion for the improvements in the overall situation, which have been achieved by the United Nations Operation in Somalia (UNOSOM II), in particular, eradication of starvation, establishment of a large number of district councils, opening of schools and resumption by the Somali people in most areas of the country of their normal lives,

Recognizing the continuing need for broadbased consultations and consensus on basic principles to achieve national reconciliation and the establishment of democratic institutions,

Calling upon all Somali parties, including movements and factions, to show the political will to achieve reconciliation, peace and security,

Recognizing that the highest priority for UNOSOM II is to assist the people of Somalia in the furtherance of the national reconciliation process and to promote and advance the re-establishment of regional and national institutions and civil administration in the entire country, as set out in resolution 814 (1993),

Noting with great concern, despite the improvements in the overall situation in Somalia, continuing reports of violence in Mogadishu and the absence of law enforcement and judicial authorities and institutions in the country as a whole, and recalling the request to the Secretary-General in resolution 814 (1993) to assist in the re-establishment of the Somali police and the restoration and maintenance of peace, stability and law and order,

Convinced that the re-establishment of the Somali police, and judicial and penal systems, is critical for the restoration of security and stability in the country,

Gravely concerned at the continuation of armed attacks against the personnel of UNOSOM II and recalling its resolution 814 (1993) which empasized the fundamental importance of a comprehensive and effective programme for disarming Somali parties, including movements and factions,

A

1. Welcomes the reports by the Secretary-General and his Special Representative on the progress achieved in accomplishing the objectives set out in resolution 814 (1993);

2. Commends the Secretary-General, his Special Representative and all the personnel of UNOSOM II for their achievements in greatly improving the conditions of the Somali people and beginning the process of nation-building apparent in the restoration in much of the country of stable and secure conditions in stark contrast with the prior suffering caused by inter-clan conflict;

3. Condemns all attacks on UNOSOM II personnel and reaffirms that those who have committed or have ordered the commission of such criminal acts will be held individually responsible for them;

4. Affirms the importance it attaches to the successful fulfilment on an urgent and accelerated basis of UNOSOM II's objectives of facilitation of humanitarian assistance and the restoration of law and order, and of national reconciliation in a free, democratic and sovereign Somalia, so that it can complete its mission by March 1995;

5. Requests, in that context, the Secretary-General to direct the urgent preparation of a detailed plan with concrete steps setting out UNOSOM II's future concerted strategy with regard to its humanitarian, political and security activities and to report thereon to the Council as soon as possible;

6. Urges the Secretary-General to re-double his efforts at the local, regional and national levels, including encouraging broad participation by all sectors of Somali society, to continue the process of national reconciliation and political settlement, and to assist the people of Somalia in rehabilitating their political institutions and economy;

7. Calls upon all Member States to assist, in all ways possible, including the urgent full staffng of UNOSOM II civil positions, the Secretary-General, in conjunction with regional organizations, in his efforts to reconcile the parties and rebuild Somali political institutions;

8. Invites the Secretary-General to consult the countries of the region and regional organizations concerned on means of further reinvigorating the reconciliation process;

B

9. Approves the recommendations of the Secretary-General contained in annex I to the his report of 17 August 1993 (S/26317) relating to the re-establishment of the Somali police, judicial and penal systems in accordance with resolution 814 (1993) and requests the Secretary-General to take the necessary steps on an urgent and accelerated basis to implement them;

10. Welcomes the Secretary-General's intention to convene at the earliest possible date a meeting of Member States interested in supporting UNOSOM II in the re-establishment of the police, judicial and penal systems, for the purpose of determining specific requirements and identifying specific sources of support;

11. Further requests the Secretary-General to undertake actively and as a matter of great urgency an international recruiting programme for staffing the UNOSOM II Justice Division with police, judicial and penal system specialists;

12. Welcomes the Secretary-General's intention to maintain and utilize the fund established pursuant to resolution 794 (1992) and maintained in resolution 814 (1993) for the additional purpose of receiving contributions for the re-establishment of the Somali judicial and penal systems in addition to the establishment of the Somali police, other than for the cost of international staff;

13. Urges Member States, on an urgent basis, to contribute to that fund or otherwise to provide assistance for the re-establishment of the Somali police, judicial and penal systems, including personnel, financial support, equipment and training to help attain the objectives outlined in annex I to the Secretary-General's report (S/26317);

14. Encourages the Secretary-General to take the necessary steps to ensure continuation of the current police, judicial and penal programme from October to the end of December until additional funding from Member States is forthcoming, and to make recommendations as appropriate to the General Assembly;

15. Requests the Secretary-General to keep the Council fully informed on a regular basis on the implementation of this resolution;

16. Decides to remain actively seized of the matter.