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Monday, June 4, 2012

Security Council draft resolution on Yemen: Sanctions under Chapter 7

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Diplomats say that the Security Council is likely to adopt this draft resolution on Tuesday, 12 June 2012. 
In this draft the Council "Demands the cessation of all actions aimed at undermining the Government of National Unity and the political transition, and expresses its readiness to consider further measures, including under Article 41 of the UN Charter if such actions continue". 

Draft SCR on Yemen

Pp1 Recalling its resolution 2014 (2011) and presidential statement of 29 March 2012,

Pp2 Expressing grave concern at the political, security, economic and humanitarian situation in Yemen,

Pp3 Reaffirming its strong commitment to the unity, sovereignty, political independence and territorial integrity of Yemen,

Pp4 Welcoming the Secretary-General’s statement of 21 May 2012 encouraging all sides to play a full and constructive role in implementing Yemen’s political Transition Agreement in accordance with Security Council Resolution 2014,

Pp5 Welcoming the co-chairs’ statement following the Friends of Yemen Ministerial meeting in Riyadh on 23 May 2012 and the support expressed for the political Transition Agreement in accordance with the GCC Initiative and Implementation Mechanism, including the proposal by the Kingdom of Saudi Arabia to host a donor meeting in late June 2012,

Pp6 Expressing grave concern at the security situation and continuing terrorist attacks, including by Al-Qaida in the Arabian Peninsula, within Yemen, and reaffirming that terrorism in all its forms and manifestations constitutes one of the most serious threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations; 

Pp7 Condemning all terrorist, and other, attacks against civilians, oil, gas and electricity infrastructure and against the legitimate authorities, including those aimed at undermining the political process in Yemen, including the attack in Sana’a on 21 May 2012,  

Pp8 Noting the formidable economic and social challenges confronting Yemen, which have left many Yemenis in acute need of humanitarian assistance,

Pp9 Welcomes the Government of National Unity’s focus on short term stabilisation of the economy through implementation of the IMF Rapid Credit Facility programme.

Pp10 Stressing that the best solution to the situation in Yemen is through a peaceful, inclusive, orderly and Yemeni-led political transition process that meets the legitimate demands and aspirations of the Yemeni people for peaceful change and meaningful political, economic and social reform, as set forth in the Gulf Cooperation Council (GCC) Initiative and Implementation Mechanism and in resolution 2014 (2011),

Pp11 Recalling that the transition process requires the involvement and cooperation of all sides in Yemen, including groups that were not party to the GCC Initiative and its Implementation Mechanism,

Pp12 Expressing concern at the recent deterioration of cooperation among some political actors and actions that could adversely affect or delay the political transition process, 

Pp13 Reiterating the need for comprehensive, independent and impartial investigations consistent with international standards into alleged human rights violations and abuses, to ensure full accountability,

Pp14 Welcoming the continuing engagement of the Secretary-General’s good offices including the visits to Yemen by his Special Adviser,

Pp15 Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations, and emphasizing the need for progress in the implementation of the GCC Initiative and Implementation Mechanism to avoid further deterioration of the humanitarian and security situation in Yemen that threatens peace and security in the region,

Operative paragraphs

Op1 Reaffirms the need for the full and timely implementation of the GCC Initiative and Implementation Mechanism in accordance with resolution 2014 (2011);

Op2 Calls upon all sides in Yemen immediately to reject the use of violence to achieve political goals;

Op3 Notes that in line with the Implementation Mechanism the second phase of the transition process should focus on:

(a)   convening  an all inclusive National Dialogue Conference,

(b)  restructuring of the security and armed forces under a unified professional national leadership structure and the ending of all armed conflicts,

(c)    steps to address transitional justice and to support national reconciliation

(d)  constitutional and electoral reform and the holding of general elections by February 2014; 

op4 Supports the efforts of President Abd Rabbuh Mansour Hadi and the Government of National Unity to move the transition process forward, including through security sector reform and changes in senior appointments in the security and armed forces, and the launch of the preparatory process for convening the National Dialogue Conference; 

op5 Emphasizes the importance of conducting a fully-inclusive, participatory, transparent and meaningful National Dialogue Conference including with the youth and women’s groups and calls upon all stakeholders in Yemen to participate actively and constructively in this process;

op6 - Demands the cessation of all actions aimed at undermining the Government of National Unity and the political transition, including continued attacks on oil, gas and electricity infrastructure, and interference with decisions relating to the restructuring of the armed and security forces, and obstructing the implementation of the Presidential Decrees of 6 April 2012 concerning military and civilian appointments, and expresses its readiness to consider further measures, including under Article 41 of the UN Charter if such actions continue;

op7 Stresses that all those responsible for human rights violations and abuses must be held accountable, and underlining the need for a comprehensive, independent and impartial investigation consistent with international standards into alleged human rights abuses and violations, to challenge impunity and ensure full accountability;

op8 Notes with concern that children continue to be recruited and used by armed groups and certain elements of the military, and calls for continued national efforts to discourage the use and recruitment of child soldiers;

op9 Reminds the Yemeni Government and other actors of the need to release immediately those protesters unlawfully detained during the crisis;

op10 Urges the Yemeni Government to pass legislation on transitional justice to support reconciliation without further delay;

op11 Calls on all parties to comply with applicable international law including international humanitarian law and human rights law;

op12 Calls for the international community, including the UN and GCC, in particular through the Friends of Yemen, to provide active and increasing  support to help the Yemeni government meet the forthcoming political, security, economic and humanitarian challenges;

op13 Encourages the international community to provide humanitarian assistance to Yemen and calls for the full funding of the 2012 Humanitarian Response Plan, and in this regard requests all parties in Yemen to facilitate safe and unimpeded humanitarian access to ensure the delivery of assistance to populations in need;

op14 Emphasises the importance of Government of National Unity finalising and agreeing their two year development plan to set out priority policy areas and funding modalities, as well as to identify key areas for reform, and requests all donors to support the development plan through established funding modalities and to contribute to the forthcoming donor conference;

op15 Expresses its concern over the growing number of attacks carried out or sponsored by Al-Qaida in the Arabian Peninsula, and its determination to address this threat in accordance with the Charter of the United Nations and international law including applicable human rights, refugee and humanitarian law;

op16 Requests the Secretary-General to continue his good offices role, including through the efforts of his Special Adviser, stresses the importance of their close co-ordination with international partners in order to contribute to the successful transition in Yemen, and in this regard welcomes the political engagement of the United Nations through a small presence in Yemen consisting of a team of experts to support the implementation of the transition process, and to provide advice to the parties in conjunction with the government of Yemen, in particular in support of the National Dialogue process; 

op17 Requests the Secretary-General to continue to report on developments in Yemen every 60 days; 

op18 Decides to remain actively seized of the matter."

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