UN secretary general's 3rd report on the implementation of Security Council Resolution 1701
I. Introduction
1. The present report is submitted in response to the request of the Security Council, in its Statement by the President of 12 December 2006 (S/PRST/2006/52), "to report on a quarterly basis on the implementation of resolution 1701 (2006), notably on further progress made towards the achievement of a permanent ceasefire and a long-term solution" This is the third report of the Secretary-General on the implementation of Security Council resolution 1701(2006). It follows the letter of 1 December 2006, which was a factual update on the implementation of Security Council resolution 1701 (2006) (S/2006/270), in particular on UNIFIL's operations and other relevant UN activities. The present report provides a comprehensive assessment of the steps taken to implement resolution 1701 (2006),
2. I am pleased to report that the overall commitment by the Governments of Israel and
II. Implementation of Security Council resolution 1701 (2006)
A. Respect for the Blue Line
3. Since the letter to the President of the Security Council, dated 1 December 2006, the military and security situation in the UNIFIL area of operations has been generally stable. However, the cessation of hostilities was breached by a serious incident that occurred along the Blue Line on 7 February 2007.
4. On 7 February, the [Israeli military] informed UNIFIL of its intention to cross the Israeli technical fence that night, near the Lebanese
5. Despite the Force Commander's appeals, the [Israeli military] proceeded with the operation during the night. The LAF at first fired warning shots after the [Israeli military] made an opening in the fence, and then intensified fire, breaching the cessation of hostilities agreement, towards the [Israeli military] bulldozer, which had passed through the fence but was still on the Israeli side of the Blue Line. The [Israeli military] responded by firing a round. While the UNIFIL Force Commander, through his contacts with the parties, was able to negotiate a ceasefire, subsequently the [Israeli military] bulldozer and accompanying excavator violated the Blue Line when carrying out earthworks to clear the suspected mines.
6. The Force Commander convened a tripartite meeting with senior representatives of the [Israeli military] and LAF on 12 February and presented them with UNIFIL's report of the incident. The report's findings concluded that both parties had violated resolution 1701 (2006) through their actions that night. He recommended that the Blue Line be visibly marked in sensitive areas, that the agreed coordination and liaison arrangements be brought into force, and called on the parties to make use of the tripartite coordination mechanism in order to avoid similar incidents in the future.
7. This serious violation of resolution 1701 (2006) came only two days after the [Israeli military] had taken unilateral action to destroy other suspected improvised explosive devices detected near the Blue Line at the same location. On this occasion, the [Israeli military] informed UNIFIL of the devices but, before UNIFIL and LAF patrols could arrive at the scene, opened fire, detonating one and causing two others to burn out. Subsequently, a UNIFIL team established that the devices were located some meters north of the Blue Line and that [Israeli military] rounds had therefore violated the line and impacted inside Lebanese territory. As a result of this action, evidence was destroyed and it was not possible to determine if these devices were new.
8. Subsequent to the two incidents described above, UNIFIL has reported an increased level of tension along the Blue Line. There have been several reports that [Israeli military] and LAF soldiers on either side of the line have aimed weapons at each other in the area of Fatima Gate. Most recently, on 2 March, a Lebanese youth approached the Blue Line next to UN position 8-33, and despite warnings from UNIFIL, started digging in the ground on the Lebanese side adjacent to the Blue Line. After warning the boy several times, the [Israeli military] fired one warning shot and forced the boy at gunpoint to cross the Blue Line into Israel, in violation of resolution 1701 (2006), where he was taken into custody. He was released to UNIFIL personnel later in the day.
9. I am concerned by all violations of the Blue Line, which also constitute violations of resolution 1701 (2006). Throughout the period under review, UNIFIL continued to report Israeli air violations of the Blue Line, through [Israeli military] jet and unmanned aerial vehicle over-flights. The incursions into Lebanese airspace continue on an almost daily basis. UNIFIL reported a significant increase in Israeli air violations during the month of February and the beginning of March, which on some days exceeded ten Israeli over-flights in its area of operations. The Government of Lebanon continues to protest the over-flights as a serious violation of Lebanese sovereignty and a violation of resolution 1701 (2006), while the Government of Israel continues to maintain that the over-flights are a necessary security measure that will continue until the two abducted Israeli soldiers are released and respect for the full arms embargo, established in paragraphs 14 and 15 of resolution 1701 (2006), is implemented. On 21 February, UNIFIL reported ten Israeli over-flights in its area of operations. On the same day the LAF opened anti-aircraft fire near
10. UNIFIL also reported, on a number of occasions hunters, with rifles as well as a number of minor ground violations of the Blue Line from the Lebanese side, mainly by local shepherds. I would remind the parties that any crossing of the Blue Line, whether planned or inadvertent, endangers the fragile calm that prevails in southern
11. I am pleased to report that both parties have now agreed to UNIFIL's proposal to visibly mark the Blue Line in sensitive areas, particularly in locations where there is a significant distance between the line and the Israeli technical fence. UNIFIL is engaged with the LAF and [Israeli military] to initiate the process of erecting markers at selected points, in close coordination with both parties, in order to prevent inadvertent violations. Regular LAF patrols along the Blue Line have also contributed to providing better security and preventing violations by civilians on a number of occasions. The LAF has also enhanced control of Lebanese territorial waters south of Naqoura to prevent violations of the buoy-line by local fishermen.
B. Security arrangements
12. The [Israeli military] continue to maintain a presence north of the Blue Line inside Lebanese territory, through its control of the northern part of Ghajar village. UNIFIL has been engaged with the [Israeli military] and LAF in order to finalize temporary security arrangements for northern Ghajar. which would facilitate [Israeli military] withdrawal from this area. While the arrangements have been approved by the Government of Israel, the government of
13. There have been no significant changes in LAF deployment within the UNIFIL area of operations since the 1 December letter to the President of the Security Council. There are three LAF brigades (two light infantry and one heavy infantry) deployed along the Blue Line, and another brigade in the area of
14. UNIFIL continues to assist the LAF in ensuring that the area between the Blue Line and the
15. However, in public pronouncements, Hizbollah has claimed that it is strengthening its capacity and rebuilding its armed presence. On 16 February 2007, the organization's Secretary General, Sayyed Nasrallah, declared that Hizbollah fighters are present in southern
17. UNIFIL's liaison and coordination mechanism with both the LAF and the [Israeli military] has been generally effective in addressing all military and security issues. The Force Commander holds regular tripartite meetings with senior representatives of both parties. As witnessed following the incident of 7 February, this forum has become instrumental in addressing critical security matters and is now a key element in Mission efforts to foster stability in southern
18. The LAF, which are estimated to number some 55,000 military personnel in total, have a significant number of essential tasks to carry out, according to resolution 1701(2006), including to maintain peace and security in southern Lebanon in cooperation with UNIFIL, and to help secure the country's land and maritime borders. However, the country's ongoing political crisis has also required the LAF to deploy in
19. It has become clear in recent weeks that the LAF is facing considerable capacity problems, which have impacted upon its ability to respond quickly to some of UNIFIL's requests, including coordinated search operations. UNIFIL has received a number of requests for equipment from the LAF, including, for example, night vision goggles, which the
20. While acknowledging the LAF's problems of capacity, I have also noted that there have been some recent occasions when LAF units have shown a certain reluctance to respond to requests from UNIFIL, including when conducting some coordinated search operations. In each of these cases, however, UNIFIL and the LAF were able to agree on a tactical approach that allowed joint operations to go forward. The Prime Minister, the Minister of Defense and the LAF Commander has reassured UNIFIL's Force Commander that his forces are determined to work closely with UNIFIL, and, given the good cooperation that the Mission has received since 2006, I am confident that the LAF is committed to carrying out its obligations under resolution 1701 (2006).
21. I should also note that there have been a number of incidents when UNIFIL patrols have faced stone throwing, mainly by local youths. The LAF has taken action to prevent these isolated incidents and in some cases detained the perpetrators. Municipal authorities in a small number of towns and villages raised concerns about some UNIFIL activities in their areas, in particular patrolling with heavy vehicles. However, in general, local authorities and residents have been well disposed to the
22. While coordination and liaison between UNIFIL and the [Israeli military] has been generally good, the UNIFIL Force Commander was unable to establish direct contact with senior [Israeli military] representatives for much of the time during the Blue Line incidents in February 2007, contravening agreed arrangements. It is of critical importance that the [Israeli military] ensure that an officer, of appropriate rank and authority, can be contacted at all times by UNIFIL's Force Commander, so that any future incidents that may arise along the Blue Line could be quickly resolved before they are allowed to escalate.
C. Disarming armed groups
23. Given the considerable military presence of the LAF and the United Nations force south of the Litani River, senior commanders of both forces believe it would be very difficult for unauthorized armed personnel to establish any new military capacity in that area, At the same time, unarmed personnel, suspected of being affiliated to Hizbollah, have been observed monitoring UNIFIL's activities at various points throughout its area of operations, at times taking photographs and filming.
24. There have, however, been a number of reports of activities conducted by armed elements north of the
25. However, the stated position of the LAF Commander is that his forces apply the same rules in adjacent areas north of the
26. I will provide a further update on the status of Lebanese and non-Lebanese militias in my fifth semi-annual report on the implementation of Security Council resolution 1559 (2004) due in April 2007. It should be noted that in reference to paragraph 10 of resolution 1701 (2006) and the issue of disarmament, I have already proposed in my report of 12 September 2006 (5/2006/730) on the implementation of resolution 1701 (2006) "that the disarming of Hizbollah and other militia should take place through a political process that will lead to the full authority of the Government of Lebanon so that there will be no weapons or authority than its own." I still await the Government of Lebanon, further to its decision to adopt the seven-point plan, to define such a political process.
D. Arms embargo
27. Over the last few weeks the Government of Israel has provided a series of detailed intelligence briefings to senior UN representatives, which indicate serious breaches of the arms embargo across the Lebanese-Syrian border. The briefings included a specific example of a reported arms shipment to Hizbollah in early January across the Lebanese-Syrian border. The date, exact times and names of places in which this reported incident took place were shared with UN officials.
28.
29. With regard to Israeli charges of smuggling of weapons across the Lebanese- Syrian border, Lebanese authorities have requested that evidence be provided to allow experts to assess the veracity of the allegations. Some senior Lebanese officials have denied the Israeli allegations.
30. While the Lebanese authorities workplan to control all of
31. The Syrian Arab Republic has indicated, most recently in the letter of its Permanent Representative dated 1 March, that it has taken all measures required on its borders to prevent smuggling between its territory and Lebanon. Its Permanent Representative has also informed senior UN representatives that since the commitment to deploy an additional battalion and other measures made by President Assad to the Secretary-General in September 2006,
32. Further to the request contained in the Statement of the President of the Security Council dated 12 December 2006 (S/PRST/2006/52) inviting me to pursue further technical and independent assessment of the situation along the Lebanon-Syria border, a team of border police experts made a second visit to Lebanon late in the reporting period. The United Nations team sought feedback from relevant Lebanese authorities on the report provided to the Government concerning the findings of the first assessment mission, and to evaluate progress made since the visit took place in September 2006.
33. The team was encouraged by the commitment of representatives of the relevant border security agencies to fully implement its findings. There has been some effort to improve cooperation and coordination between headquarters and field levels in all four agencies concerned. However, the lack of critical equipment and basic training for customs and other officials continues to hamper serious efforts to properly secure
34. The Lebanese authorities informed the team that they accepted the report's findings, as to equipment, methods, capacity and training. The next phase is for the border security agencies to fully implement the enhancements, while seeking the necessary bilateral assistance. Bilateral assistance to the Lebanese Government to help enhance these capabilities will continue to be critical. In this connection, I welcome and am encouraged by the work of a team from Germany that has been working closely with relevant Lebanese officials to launch a pilot project on the northern part of the Lebanon- Syria border, as well as devising training programs and delivering equipment I would like to thank the Governments of Germany, the United Arab Emirates and other donor countries for their ongoing crucial assistance in this regard.
35. The team has suggested another follow-up mission in four to six months to allow the Government adequate time to implement the improvements.
E. Land mines and cluster bombs
36. The extent of contamination from unexploded ordnance (UXO), namely from cluster bomblets and sub-munitions, has become clearer since the last letter to the President of the Security Council. The UN Mine Action Coordination Center, in conjunction with the Lebanese National Demining Office has identified an additional 32 individual cluster strike locations. As of 27 February 2007, a total of 854 cluster bomblet strike locations have been recorded. This contamination covers more than 34 million square meters, some of which had been cleared from mines and UXO prior to the 2006 conflict.
37. Each strike location contains hundreds of individual bomblets or sub-munitions. As of 22 February, the humanitarian impact of these explosive remnants of war on civilians had resulted in 22 deaths and 159 injuries. During the last two months, UNIFIL battalions experienced five accidents in which four BELUBATT and one CHINBATT explosive ordnance device team members were injured in a series of unfortunate demining and cluster bomb incidents.
38. While the numbers above remain alarming, there has been a decrease in the number of victims per day. This can be attributed to the joint effort of the LAF, UNIFIL, UN contracted and bilaterally funded clearance capacities. By 25 January 2007, approximately 10% of the contaminated area had been cleared, through the location and destruction of 103,010 unexploded cluster munitions. In addition to cluster munitions, unexploded bombs, rockets, mortars and other ordnance also litter the south and areas to the north and east of
39. Despite repeated United Nations efforts to receive detailed information from the [Israeli military] regarding the exact location, quantity and type of cluster munitions utilized during the conflict, I regret that
F. Captured soldiers and prisoners
40. The return of the two Israeli soldiers abducted by Hizbollah on 12 July 2006, as well as a solution of the question of Lebanese citizens detained in
41. Hizbollah publicly rejected the concept of an immediate and unconditional release of the two Israeli soldiers at an early stage insisting instead on major releases of detainees in Israel beyond the framework of resolution 1701 (2006). This lead also to prohibitive demands concerning a proof of life for the two Israeli soldiers.
42. On the Israeli side, I note that Lebanese citizens captured by the [Israeli military] in last summer's conflict have all been granted ICRC access and the ability to write letters to their families. I note also the readiness to solve the very few Lebanese cases, on condition that Hizbollah honors its obligations.
43. More recently a conceptual framework has been developed which should lead the way to an agreement on an exchange of information and several gestures of humanitarian relevance. Against that background, I hope Hizbollah will allow the Facilitator to see the two abducted Israeli soldiers very soon.
44. During his contacts with Hizbollah, the Facilitator has been emphasizing my firm expectation that a solution for the two soldiers' release be found soon, based on strict restraint in demands, moderation and compassion with the victims of the recent conflict. Not least in view of Lebanon's international standing, I have urged Hizbollah's leadership to avoid disproportionate demands and protracted bargaining which cannot be considered adequate in face of the humanitarian urgency of the cases and the clear message of resolution 1701 (2006).
45. I will immediately inform the Security Council in the light of any major developments on this issue.
G. Delineation of borders
46. A permanent solution of this issue remains contingent upon the delineation of the border between the
47. Last December, I noted in my letter to the President of the Council that a senior cartographer has been engaged to examine the geographical definition of the Sheb'a Farms area. During the past months the cartographer has been reviewing all available material.
48.
49. In our attempts to define the Shab'a Farms area, I should note here that many of these documents, including the above mentioned diplomatic correspondence, were not previously available.
50. The cartographer is in the process of classifying and analyzing the documentation. He is verifying and recompiling those facts that may be deemed as evidence of a boundary in the Shab'a Farms area. While good progress has been made, some papers are still to be translated. Also, further amplification was requested from
III. Deployment of the United Nations Interim Force in
51. In response to the Security Council's decision in resolution 1701(2006) to supplement and enhance the numbers, equipment, mandate and scope of operations of UNIFIL, the
52. The
53. The office of Political Affairs, which now comprises Civil Affairs, Public information, and an office for joint planning and coordination, has also been augmented during the period under review. Civil Affairs teams have been deployed in both UNIFIL's sectors - the Sector East team co-located with the Civil Military Cooperation (CIMIC) cell in Marjayoun, while the Sector West team currently operates from UNIFIL headquarters in Naqoura. Civil Affairs is working closely with the
54. On 2 February 2007, Major-General Claudio Graziano (
IV. Observations
55. I note and welcome the continued commitment by the governments of both
56. In
57. The Prime Minister o
58. The LAF have made significant and commendable strides toward fulfilling its obligations under resolution 1701 (2006), and I have been strongly encouraged by the cooperation and assistance provided by the LAF's top leadership. In this connection, and recognizing that the armed forces face considerable problems of capacity and shortages of manpower and equipment, I call on the international community to provide relevant, timely and necessary bilateral assistance to the Government of Lebanon, to support the LAF working with UNIFIL to carry out its mandated tasks. I should note, in this regard, that the LAF is the peacekeeping partner of UNIFIL, and the success of UNIFIL is tied to the capacities and capabilities of the LAF.
59. While the Government of Lebanon and its armed forces have provided crucial support to UNIFIL, and the Government of Israel and its armed forces have helped to facilitate UNIFIL's new mandated tasks, both parties can do more to ensure the successful implementation of this aspect of resolution 1701 (2006). I urge both parties to commit themselves fully to furthering close liaison and coordination arrangements with UNIFIL, especially through fill participation and information-sharing at tripartite meetings.
60. I welcome the efforts made by the Government of Lebanon to extend its authority over its territory through its own legitimate armed forces, and encourage the LAF to continue to provide full and timely assistance to UNIFIL. In order to facilitate the swift withdrawal of remaining [Israeli military] personnel from Lebanese territory, I call on both parties to approve the temporary security arrangements for northern Ghajar.
61. The incidents which occurred along the Blue Line in early February were regrettable and could have been avoided. In the atmosphere of fragile peace that exists today, both parties have a responsibility to avoid provocative actions likely to escalate tensions along the Blue Line. In the same manner, I am concerned by the reported activities of unauthorized armed elements outside of UNIFIL's area of operations. I recall that the successful implementation of resolution 1701(2006) depends upon honoring the full implementation of the relevant provisions of the Taif Accords, and of resolutions 1559 (2004) and 1680 (2006) that require the disarmament of all armed groups in
62. The information provided by [Israeli military] sources to senior UN representatives on alleged breaches of the arms embargo across the Lebanese-Syrian border was more detailed than that previously shown to the United Nations. While the information was substantial, its authentication would require independent military assessment.
63. Confidence building measures that would strengthen the Lebanese-Syrian border regime are highly recommended and urgently needed. The on-going work of the bilateral assistance provided by the Federal Government of Germany is a welcome step in providing assistance to the Government of Lebanon to enhance its border security capacities. Technical assistance, training and equipment to improve Lebanese border security, other than that provided by
64. I am encouraged that Lebanese authorities continue to commit themselves to full cooperation with the United Nations' team of border police experts, as well as to bilateral assistance programs. It will clearly take some time for this initiative to progress. I call upon
65. I would also strongly urge all Member States, in particular Syria, other regional states and Iran to do all they can to ensure the provisions of resolution 1701 (2006) are fully respected. In this regard, I have noted the measures, in August 2006, which the
66. The Shab'a Farms remains a key issue in the implementation of resolution 1701. There is no alternative but to move forward on this issue, albeit with due diligence. The full cooperation of
67. I am concerned by a growing threat from extremist Islamist groups, who have reportedly found safe haven in Palestinian refugee camps, to the presence of the United Nations in
<< Home