Whatsinblue.org: Resolution on Somalia-Eritrea Sanctions and AU Mission in Somalia

From: Berhane Habtemariam <Berhane.Habtemariam_at_gmx.de_at_dehai.org>
Date: Fri, 24 Oct 2014 13:53:56 +0200

 
<http://www.whatsinblue.org/2014/10/adoption-of-resolution-on-somalia-eritre
a-sanctions-and-au-mission-in-somalia.php> Resolution on Somalia-Eritrea
Sanctions and AU Mission in Somalia


Posted on THU 23 OCT 2014 6:34 PM


Tomorrow (24 October), the Council is set to vote on a resolution on
Somalia-Eritrea sanctions and the AU Mission in Somalia (AMISOM). A draft
text was first circulated last Friday, followed by three expert-level
meetings this week. At press time the draft resolution was expected to be
put into blue this evening.

In relation to sanctions, the draft resolution authorises for 12 months the
interdiction of vessels believed to be carrying charcoal from Somalia in
violation of the charcoal export ban or transporting weapons in violation of
the arms embargo, and decides to review these measures within six months. It
also renews the partial lifting of the arms embargo for the security forces
of the Federal Government of Somalia (FGS) until 30 October 2015, and
requests the FGS to report to the Council twice, by 30 March 2015 and then
by 30 September 2015. In addition it renews the mandate of the Somalia and
Eritrea Monitoring Group (SEMG) until 30 November 2015 and requests
submission of final reports on Somalia and Eritrea sanctions by 30 September
2015. It also renews the humanitarian exemption until 30 October 2015 and
requests the Emergency Relief Coordinator to report to the Council by 1
October 2015. With regard to AMISOM, the draft resolution renews the
mission's authorisation until 30 November 2015, and requests the
Secretary-General to incorporate humanitarian access issues related to
AMISOM operations into regular reporting on the UN Assistance Mission in
Somalia.

The innovative provisions regarding the interdiction at sea of illicit
charcoal exports and illicit arms imports were the most difficult for
Council members to negotiate, perhaps due to their technical nature and the
relative lack of precedents to draw upon. The impetus for their inclusion
came from a letter dated 8 October, in which Somali President Hassan Sheikh
Mohamud specifically asked the Council to authorise maritime forces to
prevent charcoal exports and arms imports by Al-Shabaab. In order to allay
the concerns of some Council members, there are numerous safeguards built
into the text including: a notification procedure involving the FGS and the
Secretary-General regarding which naval forces are authorised to carry out
interdiction, a "reasonable grounds" threshold for naval forces to take
action, provisions regarding compliance with international human rights and
humanitarian law, reporting requirements to the 751/1907 committee for any
member state that undertakes inspection at sea as well as within 30 days
after the destruction or disposal of arms or charcoal, and a Council review
within six months.

While the partial lifting of the arms embargo in Somalia had been
controversial in previous negotiations, particularly when first authorised
in March 2013 with resolution 2093, it has become increasingly less
contentious over time. It appears that there was little dissent over this
issue during the negotiations. However, in its final report on Somalia, the
SEMG found that while the reporting of the FGS has improved, given
"anomalies, inaccuracies or lack of notification",the FSG has not been in
full compliance with its obligations when importing weapons (S/2014/726).
The SEMG also determined that the import of arms and ammunition to date
(13,000 weapons and 5.5 million rounds of ammunition) exceed the
requirements of the security forces, and there continue to be problems with
the diversion of arms and ammunition to markets in Mogadishu. The SEMG
accordingly recommended an annual quantitative limit on future FGS arms
imports, which was not incorporated in the current resolution. As outlined
in its presidential statement of 22 May 2014 (S/PRST/2014/9), the Council's
approach has been to focus on capacity building for the FGS to better
regulate arms and ammunition. The draft resolution reiterates the Council's
request to the FGS to establish a joint verification team with international
partners to conduct routine investigations and therefore mitigate the
diversion of arms and ammunition.

The Council has praised the success of the joint AMISOM and Somali National
Army (SNA) military offensive, while at the same time expressing concern
over human rights and humanitarian issues. Significantly, the draft text
requests AMISOM and the SNA to give top priority to securing supply routes
for humanitarian actors (at the initiative of Chile, the Council was briefed
in consultations yesterday on the deteriorating humanitarian situation is
Somalia by Under-Secretary-General for Humanitarian Affairs Valerie Amos).

Overall, the language on human rights has been strengthened and includes new
elements. In this regard, it welcomes the AU's investigation and
investigations by troop-contributing countries into reports of sexual
exploitation and abuse, underlining the importance of accountability and
transparency, while requesting that the outcome of the investigations be
made public. The draft text further includes language on the need for
civilian casualty tracking, the importance of pre-deployment training and
human rights accountability mechanisms, strengthening institutional
structures to prevent sexual and gender based violence, and condemns human
rights violations against children.

The draft resolution also addresses economic factors, particularly the need
for accountability in public financial management and the petroleum sector.
The draft text expresses concern that corruption may be undermining security
and statebuilding, it urges greater transparency regarding assets recovered
abroad and port revenues, urges the FGS to tighten financial governance
procedures and welcomes the establishment of the Financial Governance
Committee (which includes membership by the World Bank, African Development
Bank and an observer from the International Monetary Fund). More systematic
transparency is also encouraged on the part of international donors.
Regarding the oil sector, a preambular paragraph stresses the need to
resolve issues of resource management and ownership within the context of
broader discussions regarding federalism. A recommendation by the SEMG to
impose a moratorium on oil licensing was not incorporated. At least one
member of the Council, Russia, voiced strong objections on the basis of
national sovereignty.

Regarding Eritrea, the draft resolution welcomes meetings held in Paris and
Cairo and via teleconference between the SEMG and the government of Eritrea,
while underlining the Council's expectation that the depth of cooperation
will increase during the next SEMG mandate, including through regular visits
to Eritrea by the SEMG. During the most recent reporting cycle, the SEMG was
once again denied access to conduct investigations within Eritrea
(S/2014/727). During negotiations, there was some disagreement among Council
members regarding the wording of a reference to linkages between Eritrea and
Somalia within the context of an Article 39 determination of a threat to
international peace and security. Two permanent members objected to language
regarding Eritrea's "role" in Somalia because the SEMG had not documented a
direct link between Eritrea and Al-Shabaab, It appears a compromise was
reached with a reference to Eritrea's "influence" in Somalia.

 

 
Received on Fri Oct 24 2014 - 07:53:55 EDT

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