Letter dated 19 January 2018 from the Secretary-General addressed to the President of the Security Council - International Commission of Inquiry (S/2018/57)

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I am pleased to inform the members of the Security Council that, in response to a request made by the Government of Mali on 5 April 2016, and taking into consideration article 46 of the Agreement on Peace and Reconciliation in Mali, I have decided to establish an International Commission of Inquiry to investigate allegations of abuses and serious violations of international human rights law and international humanitarian law, including allegations of conflict-related sexual violence, committed in the territory of Mali from 1 January 2012 to the date of the establishment of the Commission.

This decision is also consistent with and in furtherance of Security Council resolution 2364 (2017), paragraph 20 (a) (iii), in which the Council decided that one of the priority tasks of the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), under its mandate, would be to support the implementation of the reconciliation and justice measures of the Agreement, including with respect to the establishment and operations of an international commission of inquiry.

The International Commission of Inquiry will be composed of three members with established reputations for their probity and impartiality: Lena Sundh (Sweden), Chair; Simon Munzu (Cameroon); and Vinod Boolell (Mauritius). The work of the members of the Commission will be supported by a secretariat composed of United Nations personnel, for which temporary positions will be established by MINUSMA.

I also wish to take this opportunity to advise the Council that, within the framework of the Agreement Monitoring Committee, the signatory parties to the Agreement have determined that the Truth, Justice and Reconciliation Commission, also envisioned in the provisions of article 46, will examine alleged human rights violations that occurred between 1960 and 2013, while the International Commission of Inquiry will consider those events that occurred from 1 January 2012 to the date of its establishment.

I expect the findings of the Commission to complement and help advance ongoing efforts to fight impunity by competent Malian authorities and the International Criminal Court.

I would be grateful if you could bring the present letter and its annex, consisting of the terms of reference of the International Commission of Inquiry, to the attention of the members of the Security Council.

(Signed) António Guterres