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Decree No. 5694 Of 7 February 2006

Original Language Title: Decreto nº 5.694, de 7 de Fevereiro de 2006

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DECREE NO. 5,694, OF February 7, 2006.

Disposes on the execution, in the National Territory of Resolution No. 1,643, of December 15, 2005, of the United Nations Security Council, which, among other arrangements, renews, for one year, the arms embargo on Côte d' Ivoire, as well as travel restrictions and the freezing of funds, financial assets and economic resources of certain individuals and entities.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, incisus IV, of the Constitution, in accordance with article 25 of the Charter of the United Nations, promulgated by Decree No. 19,841 of October 22, 1945, and

Considering the adoption, by the United Nations Security Council, on December 15, 2005, of the Resolution in 1,643, which, in its operative paragraph 1º, renews, by a year, the arms embargo on Côte d' Ivoire, the travel restrictions of certain individuals, as well as the freezing of funds, financial assets and economic resources belonging to certain individuals and entities;

Recalling the incorporation of the Resolution no 1,572, of November 15, 2004, of the Security Council of the United Nations, by means of the Decree No 5,368 of February 4, 2005, which, among other arrangements, established an arms embargo on Côte d' Ivoire (operative paragraphs 7th and 8º), travel restrictions on certain individuals (paragraphs operatives 9th and 10o), as well as freezing of funds, financial assets and economic resources belonging to certain individuals and entities (operating paragraphs 11th and 12th);

DECRETA:

Art. 1º Ficam the Brazilian authorities obliged, in the framework of their respective assignments, to the fulfillment of the provisions of the Resolution in 1,643 (2005), adopted by the United Nations Security Council on December 15, 2005, appends to this Decree.

Art. 2º This Decree comes in vigour on the date of its publication.

Brasília, February 7, 2006; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

"The Security Council,

Recalling your resolutions and your President's previous statements in relation to the situation on the Coast of the Ivory,

reaffirming its strong commitment to sovereignty, independence, territorial integrity and unity of Côte d' Ivoire, and remembering the importance of the principles of good neighborliness, non-interference and regional cooperation,

Recalling support for the Agreement signed by the Marfinian political forces in Lina-Marcoussis, on January 24, 2003 (S/2003/99) ("Lina-Marcoussis Agreement"), approved by the Conference of Heads of State on Côte d' Ivoire, held in Paris on 25 and January 26, 2003, the Agreement signed in Accra on July 30, 2004 ("Agreement of Accra III"), and the Agreement signed in Pretoria, on April 6, 2005 ("Pretoria Agreement"), as well as the decision of the African Union's Security and Peace Council on the situation of Côte d' Ivoire adopted at its 40ª meeting of heads of state and government, held on October 6, 2005, in Addis Ababa (S/2005/639),

Praising the initiatives of the Secretary-General, of the African Union, in particular from the President of Nigeria, Olusegun Obasanjo, Chairperson of the African Union, and the President of South Africa, Thabo Mbeki, mediator of the African Union, of the President of Niger, Mamadou Tandja, President of the Economic Community of States of the West Africa (ECOWAS), and the leaders of the region, with a view to promoting peace and stability in Côte d' Ivoire, and reiterating the full support for such initiatives,

Recalling the final communique of the International Working Group of November 8, 2005, according to which the fundamental basis for peace and the reconciliation process National in Côte d' Ivoire is Resolution 1,633 (2005), and also recalling the final communiah of December 6, 2005,

Recalling in an emphatic manner the obligations of all the Ivorian parties, the government of Côte d' Ivoire, as well as of the Forces Nouvelles, to refrain from any violence, in particular against civilians, including foreigners, and of cooperating fully with the activities of the United Nations Operation in Côte d' Ivoire (UNOCI),

Expressing its deep concern about the continuity of the crisis in Côte d' Ivoire and the obstacles to peace and the national reconciliation process presented by all parties,

Reiterating your firm condemnation of all violations to rights human rights and international humanitarian law, including the use of child soldiers, in Côte d' Ivoire,

Taking note of the final statement of the Plenary Session of the Kimberley Process held in Moscow, from 15 a to November 17, 2005, and the Resolution adopted by the participants of the Kimberley Process, which sets out concrete measures to prevent the inclusion of diamonds from Côte d' Ivoire in the legitimate trade of diamonds, and recognizing the relationship between illegal exploitation of natural resources, like diamonds, illicit trade in these resources and the proliferation and trafficking of weapons, and the recruitment and use of mercenaries as one of the sources that feed and aggravate the conflicts in West Africa,

Taking note of the report of the United Nations Expert Group on Côte d' Ivoire, from 7 of november 2005 (S/2005/699),

Determining that the situation in Côte d' Ivoire continues to constitute a threat to international peace and security in the region,

Upcoming on the basis of Chapter VII of the Charter of the United Nations,

1. Decides to renew, until December 15, 2006, the provisions of paragraphs 7º to 12 of Resolution 1,572 (2004);

2. Reasserts paragraphs 4º and 6º of resolution 1,572 (2004), paragraph 5º of resolution 1,584 (2005), and paragraphs 3º, 9º, 14, 15, 17, 18, 19, 19 and 21 of the Resolution 1,633 (2005), it also reaffirms paragraph 8º of resolution 1,584 (2005), and in that respect, requires the Forces Nouvelles to establish, without delay, comprehensive list of the armaments in their possession, in accordance with their obligations;

3. It reaffirms its determination to impose the individual measures set out by paragraphs 9º and 11 of resolution 1,572 (2004), including against every person designated by the Committee established by virtue of paragraph 14 of Resolution 1,572 preventing the implementation of the peace process in accordance with resolution 1,633 (2005) and the final communique of the International Working Group, which is responsible for serious violations of human rights and international humanitarian law committed in the Ivory Coast since September 19, 2002, which incentivies hatred and violence, and against every person who has violated the arms embargo;

4. Decides that any serious obstacle to the freedom of movement of UNOCI and the French forces providing support, or any attack or obstruction to the action of UNOCI, of the French forces, of the High Representative for the elections and the Working Group International constitutes threat to the peace and process of national reconciliation for the purposes of paragraphs 9º and 11 of Resolution 1,572 (2004);

5. Calls on the Secretary-General and the French government to inform him immediately, by means of the Security Council Committee, established by paragraph 14 of resolution 1,572 (2004) (the "Committee"), regarding any serious obstacle to freedom of circulating UNOCI and French forces providing support, including the names of those responsible, and also asks the High Representative for the elections and the International Working Group to inform him immediately, by means of the Committee, to respect of any attack or obstruction to the actions of these.

6. Decides that all States should take the necessary measures with a view to preventing the import of diamonds in raw state from Côte d' Ivoire and destined for their territories, welcomes the measures agreed by the participants of the Kimberley Process Certification System to that effect and urges the states of the region not participating in the Kimberley Process to intensify their efforts with views to join the Kimberley Process to increase the efficacy of the monitoring of the import of diamonds from Côte d' Ivoire;

7. Calls on all interested States, in particular those in the region, to inform the Committee, within ninety days from the date of adoption of this Resolution, on the actions they have undertaken with views to implement the measures set out by paragraphs 7th, 9th and 11 of resolution 1,572 (2004) and by paragraphs 4th and 6th, above, and authorizes the Committee to request any other information that it considers necessary;

8. Decides that, at the end of the period mentioned in paragraph 1º above, the Security Council should review the measures set out by paragraphs 7th, 9th and 11 of resolution 1,572 (2004) and paragraphs 4th and 6th, above, in light of the progress achieved in the peace and national reconciliation process in Côte d' Ivoire, and express its willingness to consider the modification or termination of these measures prior to the aforementioned period only if the provisions of Resolution 1,633 (2005) have been fully performed;

9. Requests the Secretary-General, after prior consultation with the Committee, to reinstate, within thirty days of the date of adoption of this Resolution and for a period of six months, a group of experts composed of no more than five members (the "Expert Group"), with the necessary expertise, in particular on weapons, diamonds, finance, customs, civil aviation and any other specific skill, with a view to performing the following functions:

(a) exchange information with the UNOCI and French forces in the context of their planned supervisory mandates in paragraphs 2nd and 12 of Resolution 1,609 (2005),

(b) collect and analyze all the relevant information in Côte d' Ivoire and other localities, in cooperation with the governments of those countries, on flows of arms and correlated materials, on provision of assistance, consulting or training related to activities military, on networks that operate in violation of the measures set out by paragraph 1,572 of resolution 1,572 (2004), as well as on sources of funding, including those concerning the exploitation of natural resources in Côte d' Ivoire, for purchase of weapons and materials and correlated activities.

(c) analyze and recommend, when appropriate, means to improve the conditions of states, in particular those of the region, to implement in an effective manner the measures set out by paragraph 1,572 of resolution 1,572 (2004) and by the paragraph 6th, above,

(d) seek more information regarding the actions taken by states with the intention to implement in a manner effective the measures set out by the paragraph 6th, above,

(e) inform the Security Council, in writing, within ninety days from the date of the establishment of the Expert Group, by means of the Committee, on the implementation of the measures set forth by paragraph 1,572 of resolution 1,572 (2004) and the para. 6th, above, presenting recommendations in this direction,

(f) inform periodically to the Committee on its activities,

(g) present to the Committee, in its reports, evidence of any violations of the measures set out by paragraph 1,572 of resolution 1,572 (2004) and the paragraph 6th, above,

(h) cooperate with other groups of interested experts, in particular the one established in Liberia by Resolutions 1,521, of December 22, 2003, and 1579, of December 21, 2004,

(i) follow up the implementation of the individual measures established by paragraphs 9º and 11 of Resolution 1,572 (2004);

10. Requests the Secretary-General to communicate, where appropriate, to the Security Council by means of the Committee, information obtained by UNOCI, when possible reviewed by the Expert Group, on the supply of arms and correlated materials for Côte d' Ivoire and on the illicit production and export of diamonds;

11. It also called on the French government to communicate, when appropriate, to the Security Council, by means of the Committee, information obtained by the French forces, when possible reviewed by the Expert Group, on production and export illicit of diamonds;

12. It also requests the Kimberley Process to communicate, where appropriate, to the Security Council by means of the Committee, information, when possible reviewed by the Expert Group, on the illicit production and export of diamonds;

13. Calls on all States, relevant bodies of the United Nations and other organizations and stakeholders, including the Kimberley Process, to cooperate fully with the Committee, Expert Group, UNOCI and the French forces, in particular by means of the provision of any information that they have on possible violations of the measures set out by paragraphs 7th, 9th and 11 of Resolution 1,572 (2004) and the paragraphs 4th and 6th, above;

14. Decides to continue to actively occupy the issue.