From: Berhane Habtemariam (Berhane.Habtemariam@gmx.de)
Date: Sat Mar 13 2010 - 07:52:39 EST
Somalia - Expected Council Action
March 2010
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In March the Council is expected to focus primarily on the Somalia sanctions
regime. The Sanctions Monitoring Group is due to report to the Sanctions
Committee before its current mandate expires on 20 March. It may also
provide information and recommendations regarding the sanctions imposed by
the Council on Eritrea in December 2009. Proposals of additional names for
targeted sanctions are also possible. The Committee has still not designated
any individuals or entities for targeted sanctions despite the fact that it
is now 15 months since it was given the power to do so.
The Council is expected to adopt a resolution extending the Monitoring Group
mandate and consolidating its tasks. A request to the Secretary-General to
expand its capacity with additional experts is also likely.
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Key Recent Developments
On 23 December 2009 the Council adopted
<http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/665/58/PDF/N0966558.pdf?Open
Element> resolution 1907, imposing an arms embargo on Eritrea. The
resolution also established targeted sanctions (travel ban and assets
freeze) on individuals or entities that violate the arms embargo, provide
support from Eritrea to armed groups seeking to destabilise the region or
obstruct implementation of
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Erit%20Djibou%20S%20RES%201862.pdf> resolution 1862 concerning
Djibouti. It called on states to inspect, in their territory, suspicious
cargo to and from Somalia and Eritrea. (This type of Council request is
rare.) Instead of creating a separate sanctions committee for Eritrea, the
resolution expanded the mandates of the existing Committee and Monitoring
Group for Somalia. (It is the first time that one committee has been put in
charge of two separate sanctions regimes.) China abstained and Libya voted
against the resolution despite the AU’s leading role in supporting the
resolution.
Eritrea wrote
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%202009%20666.pdf> a letter to the Council on the
day of the adoption calling the resolution “shameful” and maintaining that
accusations concerning its involvement in Somalia had never been
“substantiated or verified”. In February Eritreans held protests in
Australia, Switzerland and the US demanding an end to the sanctions.
On 14 January the Council heard
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%20PV%206259.pdf> a briefing on the
Secretary-General’s latest
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S2009%20684.pdf> report by the Special
Representative of the Secretary-General for Somalia, Ahmedou Ould-Abdallah.
Ould-Abdallah outlined two main challenges for the international community
in Somalia: the absence of “concrete commitment and determined international
policy” towards Somalia and the lack of material assistance despite pledges
made and apparent strong international support for the Transitional Federal
Government (TFG). To overcome these challenges, he called for better
international coordination, including cooperation with subregional
organisations, enhanced “moral, diplomatic and financial” assistance for the
government, vigorous action against spoilers and a more integrated UN
presence, as well as early relocation to Mogadishu by the international
community. Somali Ambassador Elmi Ahmed Duale, who also spoke at the
meeting, said the current UN strategy was “inadequate” and called for a
“much heavier UN footprint.”
On 28 January the Council adopted
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%20RES%201910.pdf> resolution 1910 , renewing the
authorisation of the AU Mission in Somalia (AMISOM) until 31 January 2011.
(The AU Peace and Security Council renewed AMISOM’s mandate for another 12
months
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20AUPSC%20Communique%208%20January%202010.pdf> on 8
January.)
Violence in Somalia escalated sharply in January according to a 2 February
statement by the UN High Commissioner for Refugees (UNHCR). Two hundred and
fifty-eight civilians were killed and 253 were wounded in January, making it
the deadliest month since August 2009. UNHCR also estimated that 80,000
Somalis had been displaced since the beginning of the year.
On 28 February Al Shabaab ordered the World Food Programme (WFP) to halt all
operations in Somalia and leave the country. It accused the WFP of handing
out expired food and also said its food distribution had negatively impacted
local farmers.
While the standoff between the TFG and the insurgent groups Al-Shabaab and
Hizbul Islam continued with daily clashes, TFG representatives repeatedly
said a government offensive was imminent. According to media reports the
insurgents responded by sending additional troops to Mogadishu while
residents fled in anticipation of a major confrontation. There were also
reports of renewed fighting between Al-Shabaab and Hizbul Islam in the
south.
In a 29 January statement Al-Shabaab confirmed officially for the first time
that it had joined Al Qaida’s “international jihad”.
In February there were reports that representatives of the TFG and Ahlu Suna
Wal Jamma (ASWJ), a pro-government Islamist group that controls parts of
central Somalia, were holding talks in Addis Ababa to further strengthen
cooperation, possibly through inclusion of ASWJ in the Somali government.
Human Rights-Related Developments
Following his fourth monitoring mission to the Horn of Africa, the UN
Independent Expert on the situation of human rights in Somalia, Dr. Shamsul
Bari, issued a strong warning on the security, human rights and humanitarian
situation in the country. In a statement on 28 January, Dr. Bari said
civilians in South and Central Somalia continued to bear the brunt of the
fighting between TFG forces and insurgents. He urged the international
community and the UN to strengthen international engagement and support to
Somalia, including to Puntland and Somaliland. “This increased support is
required”, he said, “particularly for the implementation of the three
pillars of the Djibouti process— political, security and recovery—which all
include crosscutting human rights issues”.
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Key Issues
A technical issue for the Council in March is renewal of the Monitoring
Group’s mandate. A related issue is merging the two mandates currently
defined by resolutions
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%20RES%201853.pdf> 1853 and
<http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/665/58/PDF/N0966558.pdf?Open
Element> 1907 on Somalia and Eritrea respectively.
A second issue is whether additional experts are needed as a result of the
Monitoring Group’s added responsibilities and whether it should be based
elsewhere than Nairobi in light of recent threats received there by its
members.
Another issue is the need to update the guidelines of the Sanctions
Committee as requested by resolution 1907.
A wider issue is moving to effective implementation of the targeted
sanctions in resolutions
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%20RES%201844.pdf> 1844 and
<http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/665/58/PDF/N0966558.pdf?Open
Element> 1907. The Sanctions Committee has yet to make any designations
under resolution 1844 well over a year after its adoption. Related issues
are the impact any designations may have on the government’s reconciliation
efforts and whether the Council will take action against those obstructing
humanitarian access. (This sanctions criterion, which is found only in the
Somalia and Democratic Republic of the Congo sanctions regimes, has never
been applied.)
A final issue is whether the Council should now focus on the situation in
Somalia also in the context of the 1267 sanctions regime against Al
Qaida/Taliban which authorises targeted measures against groups or
individuals associated with Al Qaida. (So far only a few designations of
individuals relating to the Horn of Africa have been made under this
regime.)
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Options
Options for the Council include:
* requesting the Secretary-General to reestablish the Monitoring Group
for another 12 months within a specified time frame (in order to avoid any
delay in its reestablishment, as was the case after the last mandate
renewal) with an expanded mandate and adding further experts;
* requesting the Committee to heighten focus on monitoring and
implementation;
* sending a small mission to the region led by the chair of the
Sanctions Committee, to signal its support to the work of the Monitoring
Group (such a mission was originally planned to take place last November,
but was postponed);
* designating, in the Sanctions Committee, individuals and entities
for targeted sanctions, or if the Committee fails to progress on
designations, bringing the issue to the Council for a decision; and
* increasing its focus on the Horn of Africa through the 1267
Committee.
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Council Dynamics
It seems that Council members are having difficulties with designations of
individuals and entities for targeted measures. Some members supporting
implementation of the regime often explain the delay as resulting from the
lengthy domestic procedures involved in producing designation proposals.
There appears to be general support among Council members for designations
if there is sufficient evidence. However, positions are likely to remain
vague until there are concrete proposals on the table.
It seems that attempts to designate Eritrean nationals could be
controversial. Libya, which voted against resolution 1907, has left the
Council, but several other members only reluctantly supported the targeted
measures against Eritrea and China abstained. New members like Brazil and
Lebanon seem to be generally cautious on sanctions and prefer a more
balanced approach.
On the wider issues related to Somalia, most Council members appear to
believe the Council is already doing as much as it can and that the main
challenge now lies in implementation of what is already in place.
The UK is the lead country on Somalia in the Council.
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Selected UN Documents
Selected Council Resolutions
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%20RES%201910.pdf> S/RES/1910 (28 January 2010)
renewed authorisation of AMISOM until 31 January 2011.
*
<http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/665/58/PDF/N0966558.pdf?Open
Element> S/RES/1907 (23 December 2009) imposed an arms embargo and targeted
sanctions against Eritrea.
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Erit%20Djibou%20S%20RES%201862.pdf> S/RES/1862 (14 January 2009)
demanded that Eritrea withdraw its forces within five weeks to the positions
of the status quo ante in its border dispute with Djibouti and engage in
dialogue to resolve the dispute.
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%20RES%201853.pdf> S/RES/1853 (19 December 2008)
extended the mandate of the Somalia Monitoring Group and requested the
Secretary-General to reestablish it for a period of 12 months. (It was
re-established in March 2009.)
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%20RES%201844.pdf> S/RES/1844 (20 November 2008)
imposed targeted sanctions relating to the situation in Somalia.
Latest Secretary-General's Report
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S2009%20684.pdf> S/2009/684 (31 December 2009)
included an assessment of progress in implementing the three-phased approach
to Somalia endorsed by the Council in May 2009.
Selected Meeting Records
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%20PV%206259.pdf> S/PV.6259(14 January 2010) was the
last briefing by the Secretary-General’s Special Representative.
*
<http://daccess-dds-ny.un.org/doc/UNDOC/PRO/N09/664/54/PDF/N0966454.pdf?Open
Element> S/PV.6254 (23 December 2009) was the adoption of the Eritrea
sanctions resolution with explanations of vote.
Other
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%202010%2069.pdf> S/2010/69 (4 February 2010) was a
letter from Eritrea denouncing a 1 February communiqué from the
Intergovernmental Authority on Development welcoming resolution 1907.
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%202010%2059.pdf> S/2010/59 (28 January 2010) was a
letter from Eritrea criticising US policy in the Horn of Africa region.
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%202010%2014.pdf> S/2010/14 (7 January 2010) was a
letter from the chairman of the Somalia Sanctions Committee transmitting its
2009 report to the Council President.
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S%202009%20666.pdf> S/2009/666 (23 December 2009) was
a letter from Eritrea protesting the Council’s decision to impose sanctions
on it.
*
<http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E
4FF96FF9%7D/Somalia%20S2008%20769.pdf> S/2008/769 (10 December 2008) was the
last report of the Somalia Monitoring Group.
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Other Relevant Facts
Special Representative of the Secretary-General
Ahmedou Ould-Abdallah (Mauritania)
Chairman of the Somalia Sanctions Committee
Claude Heller (Mexico)
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