Text of Resolution 2023 (2011) as Adopted by the Security
Council
UN Security Council Adopts Resolution 2023(2011) on Eritrea with 13
to 0 vote while Russia and China abstaining
Recalling its previous resolutions and statements of its President
concerning the situation in Somalia and the border dispute between
Djibouti and Eritrea, in particular its resolutions 751 (1992), 1844
(2008), 1862 (2009), 1907 (2009), 1916 (2009), 1998 (2011), and 2002
(2011), and its statements of 18 May 2009 (S/PRST/2009/15), 9 July
2009 (S/PRST/2009/19), 12 June 2008 (S/PRST/2008/20),
Reaffirming its respect for the sovereignty, territorial integrity,
and political independence and unity of Somalia, Djiboutiand Eritrea,
respectively, as well as that of all other States of the region,
Reiterating its full support for the Djibouti Peace Process and the
Transitional Federal Charter which provide the framework for reaching
a lasting political solution in Somalia, and welcoming the Kampala
Accord of 9 June 2011 and the roadmap agreed on 6 September 2011,
Calling upon all States in the region to peacefully resolve their
disputes and normalize their relations in order to lay the foundation
for durable peace and lasting security in the Horn of Africa, and
encouraging these States to provide the necessary cooperation to the
African Union in its efforts to resolve these disputes,
Reiterating its grave concern about the border dispute between
Eritrea and Djibouti and the importance of resolving it, calling upon
Eritrea to pursue with Djibouti, in good faith, the scrupulous
implementation of the 6 June 2010 Agreement, concluded under the
auspices of Qatar, in order to resolve their border dispute and
consolidate the normalization of their relations, and welcoming the
mediation efforts of Qatar, the continued engagement of regional
actors, the African Union, the United Nations,
Noting the letter of the Permanent Representative of Djibouti to the
United Nations of 6 October 2011 (S/2011/617) which informs the
Secretary General of the escape of two Djiboutian prisoners of war
from an Eritrean prison, while noting that the Government of Eritrea
has to this date denied detaining any Djiboutian prisoners of war,
Expressing grave concern at the findings of the Somalia/Eritrea
Monitoring Group report of 18 July 2011 (S/2011/433), that Eritrea
has continued to providing political, financial, training and
logistical support to armed opposition groups, including Al-Shabaab,
engaged in undermining peace, security and stability in Somaliaand
the region,
Condemning the planned terrorist attack of January 2011 to disrupt
the African Union summit in Addis Ababa, as expressed by the findings
of the Somalia/Eritrea Monitoring Group report,
Taking note of the Decision of the African Union Assembly of Heads of
State and Government held in January 2010 and the Communiqué of the
AU Peace and Security Council held on 8 January 2010, welcoming the
adoption, by the United Nations (UN) Security Council on 23 December
2009, of resolution 1907 (2009), which imposes sanctions on Eritrea,
for, among other things, providing political, financial, and
logistical support to armed groups engaged in undermining peace and
reconciliation in Somalia and regional stability; stressing the need
to pursue vigorously the effective implementation of Resolution 1907
(2009), and expressing its intention to apply targeted sanctions
against individuals and entities if they meet the listing criteria
set out in paragraph 15 of resolution 1907 (2009) and paragraph 8 of
resolution 1844 (2008),
Noting the decision by the 18th Extraordinary Session of the Assembly
of the Heads of State and Government of the Intergovernmental
Authority on Development (IGAD), calling on the Security Council to
take measures to ensure that Eritreadesists from its destabilization
activities in the Horn of Africa,
Noting the letter from Eritrea(S/2011/652), containing a document
responding to the report of Somali/Eritrea monitoring group,
Strongly condemning any acts by Eritrea that undermine peace,
security and stability in the region and calling on all Member State
to comply fully with the terms of the arms embargo imposed by
paragraph 5 of resolution 733 (1992), as elaborated and amended by
subsequent resolutions,
Determining that Eritrea’s failure to fully comply with resolutions
1844 (2008), 1862 (2009), 1907 (2009) and its actions undermining
peace and reconciliation in Somalia and the Horn of Africa region as
well as the dispute between Djibouti and Eritrea constitute a threat
to international peace and security,
Mindful of its primary responsibility under the Charter of the United
Nations for the maintenance of international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the violations by Eritrea of Security Council
resolutions 1907 (2009), 1862 (2009) and 1844 (2008) by providing
continued support to armed opposition groups, including Al-Shabaab,
engaged in undermining peace and reconciliation in Somalia and the
region;
2. Supports the call by the African Union for Eritrea to
resolve its border disputes with its neighbours and calls on the
parties to peacefully resolve their disputes, normalize their
relations and to promote durable peace and lasting security in the
Horn of Africa, and encourages the parties to provide the necessary
cooperation to the African Union in its efforts to resolve these
disputes;
3. Reiterates that all member States, including Eritrea, shall
comply fully with the terms of the arms embargo imposed by paragraph
5 of resolution 733 (1992), as elaborated and amended by subsequent
resolutions;
4. Reiterates that Eritrea shall fully comply with resolution
1907 (2009) without any further delay and stresses the obligation of
all States to comply with the measures imposed by resolution 1907
(2009);
5. Notes Eritrea’s withdrawal of its forces following the
stationing of Qatari observers in the disputed areas along the border
with Djibouti, calls upon Eritrea to engage constructively with
Djibouti to resolve the border dispute, and reaffirms its intention
to take further targeted measures against those who obstruct
implementation of resolution 1862 (2009);
6. Demands that Eritrea shall make available information
pertaining to Djiboutian combatants missing in action since the
clashes of 10 to 12 June, 2008 so that those concerned may ascertain
the presence and condition of Djiboutian prisoners of war;
7. Demands Eritrea to cease all direct or indirect efforts to
destabilize States, including through financial, military,
intelligence and non-military assistance, such as the provision of
training centres, camps and other similar facilities for armed
groups, passports, living expenses, or travel facilitation;
8. Calls upon all States, in particular States of the region,
in order to ensure strict implementation of the arms embargo
established by paragraphs 5 and 6 of resolution 1907 (2009), to
inspect in their territory, including seaports and airports, in
accordance with the National authorities and legislation and
consistent with international law, all cargo bound to or from
Eritrea, if the State concerned has information that provides
reasonable grounds to believe that the cargo contains items the
supply, sale, transfer or export of which is prohibited by paragraphs
5 or 6 of resolution 1907 (2009), and recalls the obligations
contained in paragraphs 8 and 9 of resolution 1907 (2009) with
respect to the discovery of items prohibited by paragraphs 5 or 6 of
resolution 1907 (2009) and paragraph 5 of resolution 733 (1992) as
elaborated and amended by subsequent resolutions;
9. Expresses its intention to apply targeted sanctions against
individuals and entities if they meet the listing criteria set out in
paragraph 15 of resolution 1907 (2009) and paragraph 1 of resolution
2002 (2011) and requests the Committee to review, as a matter of
urgency, listing proposals from Member States;
10. Condemns the use of the ‘Diaspora tax’ on Eritrean
diaspora by the Eritrean Government to destabilize the Horn of Africa
region or violate relevant resolutions, including 1844 (2008), 1862
(2009) and 1907 (2009), including for purposes such as procuring arms
and related materiel for transfer to armed opposition groups or
providing any services or financial transfers provided directly or
indirectly to such groups, as outlined in the findings of the Somalia/
Eritrea Monitoring Group in its 18 July 2011 report (S/2011/433), and
decides that Eritrea shall cease these practices;
11. Decides that Eritrea shall cease using extortion, threats of
violence, fraud and other illicit means to collect taxes outside of
Eritrea from its nationals or other individuals of Eritrean descent,
decidesfurther that States shall undertake appropriate measures to
hold accountable, consistent with international law, those
individuals on their territory who are acting, officially or
unofficially, on behalf of the Eritrean government or the PFDJ
contrary to the prohibitions imposed in this paragraph and the laws
of the States concerned, and calls uponStates to take such action as
may be appropriate consistent with their domestic law and
international relevant instruments, including the 1961 Vienna
Convention on Diplomatic Relations and the 1963 Vienna Convention on
Consular Relations, to prevent such individuals from facilitating
further violations;
12. Expresses concern at the potential use of the Eritrean
mining sector as a financial source to destabilize the Horn of Africa
region, as outlined in the Final Report of the Monitoring Group (S/
2011/433), and calls on Eritrea to show transparency in its public
finances, including through cooperation with the Monitoring Group, in
order to demonstrate that the proceeds of these mining activities are
not being used to violate relevant resolutions, including 1844
(2008), 1862 (2009), 1907 (2009) and this resolution;
13. Decides that States, in order to prevent funds derived from
the mining sector of Eritrea contributing to violations of
resolutions 1844 (2008), 1862 (2009), 1907 (2009) or this resolution,
shall undertake appropriate measures to promote the exercise of
vigilance by their nationals, persons subject to their jurisdiction
and firms incorporated in their territory or subject to their
jurisdiction that are doing business in this sector in Eritrea
including through the issuance of due diligence guidelines, and
requests in this regard the Committee, with the assistance of the
Monitoring Group, to draft guidelines for the optional use of Member
States;
14. Urges all States to introduce due diligence guidelines to
prevent the provision of financial services, including insurance or
re-insurance, or the transfer to, through, or from their territory,
or to or by their nationals or entities organized under their laws
(including branches abroad), or persons or financial institutions in
their territory, of any financial or other assets or resources if
such services, assets or resources, including new investment in the
extractives sector, would contribute to Eritrea’s violation of
relevant resolutions, including 1844 (2008), 1862 (2009), 1907 (2009)
and this resolution;
15. Calls upon all States to report to the Security Council
within 120 days on steps taken to implement the provisions of this
resolution;
16. Decides to further expand the mandate of the Monitoring
Group re‑established by resolution 2002 (2011) to monitor and report
on implementation of the measures imposed in this resolution and
undertake the tasks outlined below:
(a) Assist the Committee in monitoring the implementation of the
measures imposed in paragraphs 10, 11, 12, 13 and 14 above, including
by reporting any information on violations;
(b) Consider any information relevant to paragraph 6 above that
should be brought to the attention of the Committee;
17. Urges all States, relevant United Nations bodies and other
interested parties, to cooperate fully with the Committee and the
Monitoring Group, including by supplying any information at their
disposal on the implementation of the measures decided in resolution
1844 (2008), resolution 1907 (2009) and this resolution, in
particular incidents of non-compliance;
18. Affirms that it shall keep Eritrea’s actions under
continuous review and that it shall be prepared to adjust the
measures, including through their strengthening, modification or
lifting, in light of Eritrea’s compliance with the provisions of
resolutions 1844 (2008), 1862 (2009), 1907 (2009) and this resolution;
19. Requests the Secretary-General to report within 180 days on
Eritrea’s compliance with the provisions of resolutions 1844 (2008),
1862 (2009), 1907 (2009) and this resolution;
20. Decides to remain seized of the matter.
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Received on Tue Dec 06 2011 - 00:17:31 EST