النص الرسمي لمشروع القرار باللغة العربية - أنقر هنا.
SCR on Yemen (25 February 2014)
Pp1
Recalling its resolution
2014 (2011), 2051 (2012) and presidential statement of 15 February 2013,
Pp2
Reaffirming its
strong commitment to the unity, sovereignty, independence and territorial
integrity of Yemen,
Pp3 Welcoming
the outcomes
of the comprehensive National Dialogue Conference, signed by all political
parties, and whose decisions provide a road map for a continued Yemeni led democratic
transition underpinned by a
commitment to democracy, good governance, rule of law, national reconciliation,
and respect for the human rights and fundamental freedoms of all the people of
Yemen,
Pp4 Commending
those who
have facilitated the outcome of the comprehensive National Dialogue Conference
through their constructive participation, in particular the leadership of
President Abed Rabbo Mansour Hadi,
Pp5
Expressing concern at
the ongoing political, security, economic and humanitarian challenges in Yemen,
including the ongoing violence,
Pp6 Condemning all terrorist activities,
attacks against civilians, oil, gas and electricity infrastructure and against
the legitimate authorities, including those aimed at undermining the political
process in Yemen,
Pp7 Further
condemning attacks against military
and security facilities, in
particular the attack on the Ministry of Defence on 5 December 2013 and the 13
February attack of the Ministry of Interior Prison, stressing the need for the Yemeni Government to efficiently
continue reforms of the Armed Forces and in the security sector,
Pp8 Reaffirming its resolution 2133 and calling upon all member states to
prevent terrorists from benefiting directly or indirectly from ransom payments
or from political concessions and to secure the safe release of hostages,
Pp9 Noting the formidable economic, security
and social challenges confronting Yemen, which have left many Yemenis in acute
need of humanitarian assistance, reaffirming
its support to the Yemeni government to safeguard security, promote social
and economic development, and put forward political, economic, and security
reforms, and welcoming the work of the Mutual Accountability Framework Executive
Bureau, the World Bank, and the International Monetary Fund (IMF) in their
support to the Government of Yemen on economic reform
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 out in the Gulf Cooperation
Council (GCC) Initiative and Implementation Mechanism and the outcomes of the
comprehensive National Dialogue Conference,
Pp11 Recognising that the transition
process requires turning the page from the presidency of Ali Abdullah Saleh,
and welcoming the involvement and cooperation of all stakeholders in Yemen,
including groups that were not party to the GCC Initiative and its
Implementation Mechanism,
Pp12 Reiterating the need for comprehensive, independent and
impartial investigations consistent with international standards into alleged
human rights violations and abuses in line with the outcomes of the
comprehensive National Dialogue Conference, the GCC Initiative, and the
Implementation Mechanism, to ensure full accountability,
Pp13
Recognising the importance of governance reforms to the political
transition in Yemen, noting in this regard
the proposals in the National
Dialogue Conference’s Good Governance Working Group report, including, among
other things, prerequisites for
candidates for Yemeni leadership positions and the disclosure of their
financial assets,
Pp14 Emphasising the need for continued progress
in the implementation of the GCC Initiative and Implementation Mechanism to
avoid further deterioration of the humanitarian and security situation in Yemen.
Pp15 Determining
that the situation
in Yemen constitutes a threat to international peace and security in the region,
Pp16 Acting under Chapter VII of the Charter
of the United Nations.
Op1 Reaffirms the need for the full and timely
implementation of the political transition following the comprehensive National
Dialogue Conference, in line with the GCC Initiative and Implementation
Mechanism, and in accordance with resolution 2014 (2011) and 2051 (2012), and
with regard to the expectations of the Yemeni people;
Implementation
of Political Transition
op2 Welcomes
the recent progress made in the
political transition of Yemen and expresses strong support for completing the
next steps of the transition, in line with the Implementation Mechanism,
including:
(a)
drafting
a new constitution in Yemen;
(b) electoral reform including the
drafting and adoption of a new electoral law consistent with the new
Constitution;
(c)
the
holding of a referendum on the draft constitution, including suitable outreach;
(d)
state
structure reform to prepare Yemen for the transition from a unitary to a
federal state; and
(e)
timely
general elections, after which the
current term of President Hadi would end following the inauguration of the
President elected under the new Constitution;
op3 Encourages all constituencies in the country, including the youth
movements, women’s groups, in all regions in Yemen, to continue their active
and constructive engagement in the political transition and to continue the spirit of consensus to implement the subsequent
steps in the transition process and the recommendations of the National
Dialogue Conference, and calls upon the Hiraak Southern movement, the Houthi
movement and others to constructively partake and to reject the use of violence
to achieve political aims;
op4 Welcomes the Yemeni Government’s plan to introduce an Asset Recovery
Law, and supports international
cooperation on this, including through the Deauville initiative;
op5 Expresses concern over use of the media to incite violence and
frustrate the legitimate aspirations for peaceful change of the people of
Yemen;
op6 Looks forward to steps by the Government of
Yemen, towards the implementation of Republican Decree No. 140 of 2012,
which establishes a committee to investigate allegations of violations of human
rights in 2011 and which states that investigations shall be transparent and
independent and adhere to international standards, in accordance with Human
Rights Council resolution 19/29, and invites the Government of Yemen to provide
soon a time frame for the early appointment of members of that committee;
op7 Notes with concern that children
continue to be unlawfully recruited and used by armed groups and certain
elements of the military in Yemen, and calls
for continued national efforts to prevent the unlawful use and recruitment of child soldiers,
including through the signing and implementation of the concrete and time-bound
measures in the Government’s action plan;
op8 Also looks forward to the early adoption of a law on
transitional justice and national reconciliation that, while taking into
account the recommendations of the National Dialogue Conference, is in
accordance with the international obligations and commitments of Yemen
and following best practices as appropriate;
op9 Calls on all parties to comply with their
obligations under international law including international humanitarian law
and human rights law, as applicable;
Further Measures
op10 Emphasises
that the transition agreed upon by the parties to the GCC Initiative and
Implementation Mechanism Agreement has not yet been fully achieved and calls upon all Yemenis to fully
respect the implementation of the political transition and adhere to the values
of the Implementation Mechanism Agreement;
op 11Decides that all Member
States shall, for an initial period of one year from the date of the adoption
of this resolution, freeze without delay all funds, other financial assets and
economic resources which are on their territories, which are owned or
controlled, directly or indirectly, by the individuals or entities designated
by the Committee established pursuant to paragraph 19 below, or by individuals
or entities acting on their behalf or at their direction, or by entities owned
or controlled by them, and decides
further that all Member States shall ensure that any funds, financial
assets or economic resources are prevented from being made available by their
nationals or by any individuals or entities within their territories, to or for
the benefit of the individuals or entities designated by the Committee;
op12 Decides that the measures
imposed by paragraph 11 above do not apply to funds, other financial assets or
economic resources that have been determined by relevant Member States:
a) To be necessary for
basic expenses, including payment for foodstuffs, rent or mortgage, medicines
and medical treatment, taxes, insurance premiums, and public utility charges or
exclusively for payment of reasonable professional fees and reimbursement of
incurred expenses associated with the provision of legal services in accordance
with national laws, or fees or service charges, in accordance with national
laws, for routine holding or maintenance of frozen funds, other financial
assets and economic resources, after notification by the relevant State to the
Committee of the intention to authorize, where appropriate, access to such
funds, other financial assets or economic resources and in the absence of a
negative decision by the Committee within five working days of such notification;
b) To be necessary for
extraordinary expenses, provided that such determination has been notified by
the relevant State or Member States to the Committee and has been approved by
the Committee;
c) To be the subject of
a judicial, administrative or arbitral lien or judgment, in which case the
funds, other financial assets and economic resources may be used to satisfy
that lien or judgment provided that the lien or judgment was entered into prior
to the date of the present resolution, is not for the benefit of a person or
entity designated by the Committee, and has been notified by the relevant State
or Member States to the Committee;
Op13 Decides that Member States
may permit the addition to the accounts frozen pursuant to the provisions of
paragraph 11 above of interests or other earnings due on those accounts or
payments due under contracts, agreements or obligations that arose prior to the
date on which those accounts became subject to the provisions of this
resolution, provided that any such interest, other earnings and payments
continue to be subject to these provisions and are frozen;
Op14 Decides that the measures in
paragraph 11 above shall not prevent a designated person or entity from making
payment due under a contract entered into prior to the listing of such a person
or entity, provided that the relevant States have determined that the payment
is not directly or indirectly received by a person or entity designated
pursuant to paragraph 11 above, and after notification by the relevant States
to the Committee of the intention to make or receive such payments or to
authorize, where appropriate, the unfreezing of funds, other financial assets
or economic resources for this purpose, 10 working days prior to such
authorization;
Travel ban
Op15 Decides that, for an initial
period of one year from the date of the adoption of this resolution, all Member
States shall take the necessary measures to prevent the entry into or transit
through their territories of individuals designated by the Committee established
pursuant to paragraph 19 below, provided that nothing in this paragraph shall
oblige a State to refuse its own nationals entry into its territory
Op16 Decides that the measures
imposed by paragraph 15 above shall not apply:
a) Where the Committee
determines on a case-by-case basis that such travel is justified on the grounds
of humanitarian need, including religious obligation;
b) Where entry or
transit is necessary for the fulfillment of a judicial process;
c) Where the Committee
determines on a case-by-case basis that an exemption would further the
objectives of peace and national reconciliation in Yemen; and
d) Where a State
determines on a case-by-case basis that such entry or transit is required to
advance peace and stability in Yemen and the States subsequently notifies the
Committee within forty-eight hours after making such a determination;
Designation Criteria
Op17Decides that the provisions of
paragraphs 11 and 15 shall apply to individuals or entities designated by the
Committee as engaging in or providing support for acts that threaten the peace,
security or stability of Yemen;
Op18 Underscores that
such acts as described in paragraph 17 above may include, but are not limited
to:
a)
Obstructing or undermining the
successful completion of the political transition, as outlined in the GCC Initiative
and Implementation Mechanism Agreement;
b)
Impeding the implementation of the outcomes
of the final report of the comprehensive National Dialogue Conference through
violence, attacks on essential infrastructure, or acts of terrorism; or
c)
Planning, directing, or committing acts
that violate international human rights law or international humanitarian law,
as applicable, or acts that constitute human rights abuses, in Yemen;
Sanctions Committee
Op19 Decides to establish, in accordance
with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all
the members of the Council (herein “the Committee”), to undertake to following
tasks:
a)
To monitor implementation of the measures imposed in paragraph 11 and 15 above
with a view to strengthening, facilitating and improving implementation of
these measures by Member States;
b)
To seek and review information
regarding those individuals and entities who may be engaging in the acts
described in paragraph 17 and 18 above;
c)
To designate individuals and
entities to be subject to the measures imposed in paragraphs 11 and 15 above;
d)
To establish such guidelines as may
be necessary to facilitate the implementation of the measures imposed above;
e)
To report within 60 days to the
Security Council on its work and thereafter to report as deemed necessary by
the Committee;
f)
To encourage a dialogue between the
Committee and interested Member States, in particular those in the region,
including by inviting representatives of such States to meet with the Committee
to discuss implementation of the measures;
g)
To seek from all States whatever
information it may consider useful regarding the actions taken by them to
implement effectively the measures imposed;
h)
To examine and take appropriate
action on information regarding alleged violations or non-compliance with the
measures contained in paragraphs 11 and 15;
Reporting
Op20 Requests the
Secretary-General to create for an initial period of 12 months, in consultation
with the Committee, and to make the necessary financial and security
arrangements to support the work of the Panel, a group of up to three experts
(“Panel of Experts”), under the direction of the Committee to carry out the
following tasks:
a) Assist the
Committee in carrying out its mandate as specified in this resolution,
including through providing the Committee at any time with information relevant
to the potential designation at a later stage of individuals and entities who
may be engaging in the activities described in paragraph 17 and 18 above;
b) Gather, examine
and analyse information from States, relevant UN bodies, regional organisations
and other interested parties regarding the implementation of the measures
decided in this resolution, in particular incidents of undermining the
political transition;
c) Provide to the
Council, through the Committee, an update no later than 25 May 2014, an
interim report by 25 July 2014, and a final report no later than 25 January
2015; and,
d) To assist the
Committee in refining and updating information on the list of individuals subject
to measures imposed pursuant to paragraphs 11 and 15 of this resolution,
including through the provision of identifying information and additional
information for the publicly-available narrative summary of reasons for
listing;
Op21 Urges all parties
and all Member States, as well as international, regional and subregional
organizations to ensure cooperation with the Panel of experts and further urges
all Member States involved to ensure the safety of the members of the Panel of
experts and unhindered access, in particular to persons, documents and sites in
order for the Panel of experts to execute its mandate;
Commitment to Review
Op22 Affirms that it shall keep
the situation under continuous review and that it shall be prepared to review
the appropriateness of the measures contained in this resolution, including the
strengthening, modification, suspension or lifting of the measures, as may be needed
at any time in light of developments;
Economic
Reform and Development Assistance to Support the Transition
op23 Calls upon donors and regional
organisations to fully disburse the pledges made at the Riyadh Donor conference
in September 2012 to fund the priorities set out in the Mutual Accountability
Framework agreed in Riyadh; and encourages donors with undisbursed pledges to
work closely with the Executive Bureau to identify priority projects for
support, taking into account the security conditions on the ground;
op24 Emphasises the importance of Government of National Unity
taking action to implement the urgent policy reforms set out in the Mutual
Accountability Framework; and encourages donors to provide technical assistance
to help drive forward these reforms, including through the Executive Bureau;
op25 Expresses
its concern
over reported serious human rights abuses and violence against civilians in
both the Northern and Southern Governorates, including Al Dhale’e Governorate, urges
all parties involved to end the conflicts and comply with their
obligations under international humanitarian and human rights law, as
applicable, and stresses the need for
parties to take all required measures to avoid civilian casualties, respect and
protect the civilian population;
op26 Encourages the international community to continue
providing humanitarian assistance to Yemen and calls for the full
funding of the 2014 Strategic Response Plan for Yemen, and in this regard
requests all parties in Yemen to facilitate safe and unimpeded humanitarian
access to ensure the delivery of assistance to all populations in need and calls on all parties to take necessary
steps to ensure the safety and security of humanitarian personnel and of the
United Nations and its associated personnel and their assets;
op27 Condemns the growing number of attacks carried out or sponsored by Al-Qaida in
the Arabian Peninsula, and expresses 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, and in this
regard resolutions 1267, 1989, and the Committee pursuant to resolution 1373
and their respective expert groups to address this threat;
op28 Acknowledges the serious economic, political
and security obstacles facing refugees and internally displaced persons in
Yemen who wish to return to their homes after years of conflict, and supports the efforts of the Government
of Yemen and the international community to facilitate their return;
UN
involvement
op29 Requests
the
Secretary-General to continue his good offices role, notes with appreciation the work of his Special Adviser, Jamal Benomar, stresses the importance of their close co-ordination with
international partners, including the GCC, Group of Ambassadors, and other
actors, in order to contribute to the successful transition, and in this regard
further requests the Secretary-General to continue to coordinate assistance from
the international community in support of the transition;
op30 Requests
the
Secretary-General to continue to report on developments in Yemen, including on
the implementation of the outcome of the comprehensive National Dialogue
Conference every 60 days;
op31 Decides to remain actively
seized of the matter.
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