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From: Berhane Habtemariam (Berhane.Habtemariam@gmx.de)
Date: Sat Jul 30 2011 - 05:29:19 EDT
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Security Council extends mandate of monitoring group for Somalia and Eritrea
Security Council
30 July 2011 -
The Security Council today extended the mandate of the United Nations panel
of experts monitoring compliance with sanctions related to the conflict in
Somalia for another year as it also agreed to expand the group's mandate to
better enforce the sanctions.
In a resolution adopted unanimously, the Council asked
<http://www.un.org/sg/> Secretary-General Ban Ki-moon to re-establish the
eight-member Monitoring Group on Eritrea and Somalia for a period of 12
months starting today.
The panel, which monitors compliance with the embargoes on the delivery of
weapons and military equipment to Somalia and Eritrea, is now also tasked
with investigating any seaport operations in Somalia that could generate
revenue for the Islamist militant group known as Al-Shabaab that controls
some Somali territory.
More broadly, the Monitoring Group must investigate all activities -
including in the financial and maritime sectors - which generate revenue
that is then used to break the Somalia and Eritrea arms embargoes.
It is also required to examine "any means of transport, routes, seaports,
airports and other facilities used in connection with violations" of the
embargoes.
The resolution calls on the Monitoring Group to compile a draft list of
individuals and entities that engage in activities inside and outside
Eritrea relating to the embargoes that could warrant further measures by the
Security Council.
It is also tasked with devising ways to boost overall compliance with the
embargoes and to identify areas where the capacities of countries in the
region can be strengthened so as to fully implement the embargoes.
The resolution was adopted a day after the Monitoring Group issued a report
which found that the Eritrean Government planned a massive attack on an
African Union summit being held in Addis Ababa, the capital of neighbouring
Ethiopia.
The report, which is over 400 pages, also points to Eritrea's continuing
relationship with Al-Shabaab, the Islamist militant group that controls some
parts of Somalia's territory and has been waging a fierce battle against the
Transitional Federal Government (TFG) there.
While the Eritrean Government acknowledges that it maintains relationships
with Somali armed opposition groups, including Al-Shabaab, it denies that it
provides any military, material or financial support and says its links are
limited to a political, and even humanitarian, nature.
However, evidence and testimony obtained by the Monitoring Group, including
records of financial payments, interviews with eyewitnesses and data
relating to maritime and aviation movements, all indicate that Eritrean
support for Somali armed opposition groups is not limited to the political
or humanitarian dimensions.
Security Council
SC/9888
_____
Department of Public Information . News and Media Division . New York
Security Council
6289th Meeting (PM)
30/07/2011
SECURITY COUNCIL EXTENDS MANDATE OF GROUP MONITORING WEAPONS BANS
IN SOMALIA, ERITREA, UNANIMOUSLY ADOPTING RESOLUTION 1916 (2009)
Condemning the continued flow of weapons that it said violated its arms
embargoes on Somalia and Eritrea, the Security Council this afternoon
extended for 12 months the mandate of the group monitoring those measures,
expanding its mandate and giving it three additional experts.
Unanimously adopting resolution 1916 (2010) under the Charter's Chapter VII,
the Council also condemned the misappropriation and politicization of
humanitarian assistance by armed groups in Somalia and called upon all
Member States and United Nations units to take all feasible steps to
mitigate such practices.
Through the resolution, in addition, the Council decided to ease some
restrictions and obligations under the sanctions regime to enable the
delivery of supplies and technical assistance by international, regional and
subregional organizations and to ensure the timely delivery of urgently
needed humanitarian assistance by the United Nations.
The expanded mandate of the Monitoring Group includes oversight of the arms
embargo on Eritrea and the designation of individuals subjected to a travel
ban and asset freeze for violations, as set out in December 2009 by
resolution 1907, which demanded that Eritrea cease its support for
destabilizing elements in the region.
The Council, by today's action, reiterated its intention to consider further
specific action to improve the implementation of the arms embargo, which was
first imposed by resolution 733 in 1992 on arms destined for Somalia. The
country has been without a functioning Government and beset by factional
fighting since 1991.
The meeting opened at 3:36 p.m. and closed at 3:41 p.m.
The full text of resolution 1916 (2010) reads as follows:
"The Security Council,
"Reaffirming its previous resolutions and the statements of its President
concerning the situation in Somalia, and concerning Eritrea, in particular
resolution 733 (1992), which established an embargo on all delivery of
weapons and military equipment to Somalia (hereinafter referred to as the
"Somalia arms embargo"), resolution 1519 (2003), resolution 1558 (2004),
resolution 1587 (2005), resolution 1630 (2005), resolution 1676 (2006),
resolution 1724 (2006), resolution 1744 (2007), resolution 1766 (2007),
resolution 1772 (2007), resolution 1801 (2008), resolution 1811 (2008),
resolution 1844 (2008), resolution 1853 (2008), resolution 1862 (2009,) and
resolution 1907 (2009),
"Recalling that, as set out in its resolutions 1744 (2007) and 1772 (2007),
the arms embargo on Somalia does not apply to (a) weapons and military
equipment, technical training and assistance intended solely for support of
or use by the African Union Mission in Somalia (AMISOM), and (b) supplies
and technical assistance by States intended solely for the purpose of
helping develop security sector institutions, consistent with the political
process set out in those resolutions and in the absence of a negative
decision by the Committee established pursuant to resolution 751 (1992), the
mandate of which was expanded pursuant to resolution 1907 (2009)
(hereinafter referred to as "the Committee"), within five working days of
receiving an advance notification of such supplies or assistance on a
case-by-case basis,
"Reaffirming its respect for the sovereignty, territorial integrity,
political independence and unity of Somalia, Djibouti and Eritrea
respectively,
"Reaffirming that the Djibouti Peace Agreement and the Peace Process
represent the basis for a resolution of the conflict in Somalia, and
reiterating its commitment to a comprehensive and lasting settlement of the
situation in Somalia based on the Transitional Federal Charter (TFC), and
reiterating the urgent need for all Somali leaders to take tangible steps to
continue political dialogue,
"Commending the work of the Special Representative of the Secretary-General,
Mr. Ahmedou Ould-Abdallah, and reaffirming its strong support for his
efforts,
"Taking note of the report of the Monitoring Group dated 12 March 2010
(S/2010/91) submitted pursuant to paragraph 3 (j) of resolution 1853 (2008)
and the observations and recommendations contained therein,
"Expressing concern at acts of intimidation against the Monitoring Group and
interference with the Monitoring Group's work,
"Condemning flows of weapons and ammunition supplies to and through Somalia
and Eritrea in violation of the Somalia arms embargo and the Eritrea arms
embargo established pursuant to resolution 1907 (2009) (hereinafter referred
to as the "Eritrea arms embargo"), as a serious threat to peace and
stability in the region,
"Calling upon all Member States, in particular those in the region, to
refrain from any action in contravention of the Somalia and Eritrea arms
embargoes, and to take all necessary steps to hold violators accountable,
"Affirming the importance of enhancing the monitoring of the Somalia and
Eritrea arms embargoes through persistent and vigilant investigation into
the violations, bearing in mind that strict enforcement of the arms
embargoes will improve the overall security situation in the region,
"Determining that the situation in Somalia, Eritrea's actions undermining
peace and reconciliation in Somalia, as well as the dispute between Djibouti
and Eritrea continue to constitute a threat to international peace and
security in the region,
"Acting under Chapter VII of the Charter of the United Nations,
"1. Stresses the obligation of all States to comply fully with the
measures imposed by resolution 733 (1992) as elaborated and amended by
subsequent relevant resolutions, as well as resolution 1844 (2008) and
resolution 1907 (2009);
"2. Reiterates its intention to consider specific action to improve
implementation of and compliance with measures imposed by resolution 733
(1992), resolution 1844 (2008) and resolution 1907 (2009);
"3. Decides that paragraphs 11 (b) and 12 of resolution 1772 (2007) also
apply to supplies and technical assistance by international, regional and
subregional organizations;
"4. Underscores the importance of humanitarian aid operations, condemns
politicization, misuse, and misappropriation of humanitarian assistance by
armed groups and calls upon Member States and the United Nations to take all
feasible steps to mitigate these aforementioned practices in Somalia;
"5. Decides that for a period of twelve months from the date of this
resolution, and without prejudice to humanitarian assistance programmes
conducted elsewhere, the obligations imposed on Member States in paragraph 3
of resolution 1844 (2008) shall not apply to the payment of funds, other
financial assets or economic resources necessary to ensure the timely
delivery of urgently needed humanitarian assistance in Somalia, by the
United Nations, its specialized agencies or programmes, humanitarian
organizations having observer status with the United Nations General
Assembly that provide humanitarian assistance, or their implementing
partners, and decides to review the effects of this paragraph every 120 days
based on all available information, including the report of the Humanitarian
Aid Coordinator submitted under paragraph 11 below;
"6. Decides to extend the mandate of the Monitoring Group referred to in
paragraph 3 of resolution 1558 (2004), and requests the Secretary-General to
take the necessary administrative measures as expeditiously as possible to
re-establish the Monitoring Group for a period of 12 months, drawing, as
appropriate, on the expertise of the members of the Monitoring Group
established pursuant to resolution 1853 (2008), and consistent with
resolution 1907 (2009), with the addition of three experts, in order to
fulfil its expanded mandate, this mandate being as follows:
(a) to continue the tasks outlined in paragraphs 3 (a) to (c) of
resolution 1587 (2005) and paragraphs 23 (a) to (c) of resolution 1844
(2008);
(b) to carry out additionally the tasks outlined in paragraphs 19 (a) to
(d) of resolution 1907 (2009);
(c) to investigate, in coordination with relevant international agencies,
all activities, including in the financial, maritime and other sectors,
which generate revenues used to commit violations of the Somalia and Eritrea
arms embargoes;
(d) to investigate any means of transport, routes, seaports, airports and
other facilities used in connection with violations of the Somalia and
Eritrea arms embargoes;
(e) to continue refining and updating information on the draft list of
those individuals and entities that engage in acts described in paragraphs 8
(a) to (c) of resolution 1844 (2008), inside and outside Somalia, and their
active supporters, for possible future measures by the Council, and to
present such information to the Committee as and when the Committee deems
appropriate;
(f) to compile a draft list of those individuals and entities that engage
in acts described in paragraphs 15 (a)-(e) of resolution 1907 (2009) inside
and outside Eritrea, and their active supporters, for possible future
measures by the Council, and to present such information to the Committee as
and when the Committee deems appropriate;
(g) to continue making recommendations based on its investigations, on the
previous reports of the Panel of Experts (S/2003/223 and S/2003/1035)
appointed pursuant to resolutions 1425 (2002) and 1474 (2003), and on the
previous reports of the Monitoring Group (S/2004/604, S/2005/153,
S/2005/625, S/2006/229, S/2006/913, S/2007/436, S/2008/274, S/2008/769 and
S/2010/91) appointed pursuant to resolutions 1519 (2003), 1558 (2004), 1587
(2005), 1630 (2005), 1676 (2006), 1724 (2006), 1766 (2007), 1811 (2008) and
1853 (2008);
(h) to work closely with the Committee on specific recommendations for
additional measures to improve overall compliance with the Somalia and
Eritrea arms embargoes, as well as the measures imposed in paragraphs 1, 3
and 7 of resolution 1844 (2008) and paragraphs 5, 6, 8, 10, 12 and 13 of
resolution 1907 (2009) concerning Eritrea;
(i) to assist in identifying areas where the capacities of States in the
region can be strengthened to facilitate the implementation of the arms
embargo, as well as the measures imposed in paragraphs 1, 3 and 7 of
resolution 1844 (2008) and paragraphs 5, 6, 8, 10, 12 and 13 of resolution
1907 (2009) concerning Eritrea;
(j) to provide to the Council, through the Committee, a midterm briefing
within six months of its establishment, and to submit progress reports to
the Committee on a monthly basis;
(k) to submit, for the Security Council's consideration, through the
Committee, a final report covering all the tasks set out above, no later
than 15 days prior to the termination of the Monitoring Group's mandate;
"7. Further requests the Secretary-General to make the necessary financial
arrangements to support the work of the Monitoring Group;
"8. Reaffirms paragraphs 4, 5, 7, 8 and 10 of resolution 1519 (2003);
"9. Requests the Committee, in accordance with its mandate and in
consultation with the Monitoring Group and other relevant United Nations
entities, to consider the recommendations in the reports of the Monitoring
Group dated 5 April 2006, 16 October 2006, 17 July 2007, 24 April 2008, 10
December 2008 and 12 March 2010 and recommend to the Council ways to improve
implementation of and compliance with the arms embargoes as well as
implementation of the measures imposed in paragraphs 1, 3 and 7 of
resolution 1844 (2008) and paragraphs 5, 6, 8, 10, 12 and 13 of resolution
1907 (2009) concerning Eritrea, in response to continuing violations;
"10. Requests that all States, including Eritrea, other States in the
region, and the Transitional Federal Government ensure cooperation with the
Monitoring Group by individuals and entities within their jurisdiction or
under their control;
"11. Requests the United Nations Humanitarian Aid Coordinator for Somalia
to report every 120 days to the Security Council on the implementation of
paragraphs 4 and 5 above and on any impediments to the delivery of
humanitarian assistance in Somalia, and requests relevant United Nations
agencies and humanitarian organizations having observer status with the
United Nations General Assembly that provide humanitarian assistance to
assist the United Nations Humanitarian Aid Coordinator for Somalia in the
preparation of such report by providing information relevant to paragraphs 4
and 5 above;
"12. Urges that all parties and all States, particularly those in the
region, including international, regional and subregional organizations,
cooperate fully with the work of the Monitoring Group and ensure the safety
of its members, and unhindered access, in particular to persons, documents
and sites the Monitoring Group deems relevant to the execution of its
mandate;
"Decides to remain actively seized of the matter."
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