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Wednesday, April 8, 2015

GCC draft resolution on Yemen

The Security Council,
Recalling its resolutions 2014 (2011), 2051 (2012), 2140 (2014), 2201 (2015), and 2204 (2015) and presidential statements of 15 February 2013, 29 August 2014, and 22 March 2015,
Noting the letter dated 24 March 2015 from the Permanent Representative of Yemen to the United Nations, transmitting a letter from the President of Yemen, in which he informed the President of the Security Council that he has requested from the Cooperation Council for the Arab States of the Gulf and the League of Arab States to immediately provide support, by all necessary means and measures, including military intervention, to protect Yemen and its people from the continuing aggression by the Houthisand noting the letter dated 26 March 2015 fromthe Permanent Representative of the State of Qatar, transmitting a letter from the Representatives of the Kingdom of Bahrain, the State of Kuwait, the State of Qatar, the Kingdom of Saudi Arabia and the United Arab Emirates,
Recalling the resolution of Summit XXVI of the League of Arab States on the developments in Yemen, stressing inter alia the necessity to resume Yemen’s political transition process with the participation of all Yemeni parties in accordance with the Gulf Cooperation Council Initiative and its Implementation Mechanism and the outcomes of the comprehensive National Dialogue conference,
Reaffirming its strong commitment to the unity, sovereignty, independence and territorial integrity of Yemen, and its commitment to stand by the people of Yemen, [S/PRST/2015/8]
Condemning the growing number of and scale of the attacks by Al-Qaida in the Arabian Peninsula (AQAP),
Expressing concern at the ability of Al-Qaida in the Arabian Peninsula to benefit from the deterioration of the political and security situation in Yemen, mindful that any acts of terrorism are criminal and unjustifiable regardless of their motivation, whenever, wherever and by whomsoever committed, [PP14 UNSCR 2201]
Reiterating its support for the efforts of the Gulf Cooperation Council and commending its engagement in assisting the political transition in Yemen, [S/PRST/2015/8]
Reaffirming its support for the legitimacy of the President of Yemen, AbeRabbo Mansour Hadi, and reiterating its call toall parties and Member States to refrain from taking any actions that undermine the unity, sovereignty, independence and territorial integrity of Yemen, and the legitimacy of the President of Yemen, [S/PRST/2015/8]
Emphasizing the need for the return to the implementation of the Gulf Cooperation Council Initiative and its Implementation Mechanism and the outcomes of the comprehensive National Dialogue conference, including drafting a new constitution, electoral reform, the holding of a referendum on the draft constitution and timely general elections, to avoid further deterioration of the humanitarian and security situation in Yemen, [PP10 UNSCR 2201]
Reaffirming its full support for, and commitment to, the efforts of the Special Advisor of the Secretary-General on Yemen, Mr. Jamal Benomar, and to the UN-brokered negotiations, [S/PRST/2015/8]
Alarmed at the military escalation by the Houthis in many parts of Yemen including in the Governorates of Ta’izMaribAlJaufAlbaydatheir advance towards Aden, and their seizure of armsincluding missile systems, from Yemens military and security institutions,
Condemning in the strongest terms the ongoing unilateral actions taken by the Houthis, and their failure to implement thedemands in resolution 2201 (2015) to immediately and unconditionally withdraw their forces from government institutions, including in the capital Sana’a, normalize the security situation in the capital and other provinces, relinquish government and security institutions, and safely release all individuals under house arrest or arbitrarily detained, and reiterating its call on all non-state actors to withdraw from government institutions across Yemen and to refrain from any attempts to take over such institutions, [based on S/PRST/2015/8]
Deploring any attempt by the Houthis to take actions that are exclusively within the authority of the legitimate Government of Yemen, and noting that such actions are unacceptable,
Expressing alarm that such actions taken by the Houthis undermine the political transition process in Yemen, and jeopardize the security, stability, sovereignty and unity of Yemen, [based on S/PRST/2015/8]
Noting with concern the destabilizing actions taken by the former President of Yemen, Ali Abdullah Saleh, including supporting the Houthis’ actions, which continue to undermine the peace, security and stability in Yemen,
Welcoming the intention of the Gulf Cooperation Council to convene a conference in Riyadh, upon the request of the President of Yemen, with the participation of all Yemeni parties to further support the political transition in Yemen, and to complement and support the UN-brokered negotiations,
Recognizing that the continuing deterioration of the security situation and escalation of violence in Yemen poses an increasing and serious threat to neighbouring states and reaffirming its determination that the situation in Yemen constitutes a threat to international peace and security, [based UNSCR 2140 PP20]
Acting under Chapter VII of the Charter of the United Nations,
1. Demands that the Houthis fully implement resolution 2201 (2015), refrain from further unilateral actions that could undermine the political transition in Yemen, and further demands that the Houthis immediately and unconditionally: 
a. end the use of violence,
b. withdraw their forces from areas they have seizedsince the Fall of 2013including the capital Sanaa,
c. relinquish all additional arms seized from military and security institutions, including missile systems,
d. cease all actions that are exclusively within the authority of the legitimate Government of Yemen,
e. refrain from any provocation or threats to neighbouring states, including through acquiring surface-surface missiles, and stockpiling weapons in any bordering territory of a neighbouring state,
f. safely release Major-General Mahmoud al-Subaihithe Minister of Defense of Yemen, all political prisoners, and all individuals under house arrest or arbitrarily detained;
2. Requests the Secretary-General to report on the implementation of this resolution and resolution 2201 (2015), in particular operative paragraph of this resolution, in 10 days, and in case of further non-implementation, expresses its intent to consider designating additional individuals and entities who are engaged in or providing support for acts that threaten the peace, security or stability of Yemen, to be subject to the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014);
3. Decides that the individuals listed in Annex I of this resolution shall be subject to the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014);
4. Reiterates the importance of the implementation of all measures imposed by resolution 2140 (2014), as extended in resolution 2204 (2015);
5. Calls upon all parties, in particular the Houthis, to abide by the Gulf Cooperation Council Initiative and its Implementation Mechanism, the outcomes of the comprehensive National Dialogue conference, and the Peace and National Partnership Agreement and its security annex and the relevant Security Council resolutions and to accelerate inclusive United Nations-brokered negotiations, including on issues relating to governance, to continue the political transition in order to reach a consensus solution and stresses the importance of full implementation of agreements reached and commitments made towards that goal;
6. Demands that all parties in Yemen adhere to resolving their differences through dialogue and consultation, reject acts of violence to achieve political goals, and refrain from provocation and all unilateral actions to undermine the political transition and stresses that all parties should take concrete steps to agree and implement a consensus-based political solution to Yemen’s crisis in accordance with the Gulf Cooperation Council Initiative and its Implementation Mechanism, the outcomes of the comprehensive National Dialogue conference; [based on S/PRST/2015/8]
7. Urges all Yemeni parties to respond positively to the request of the President of Yemen to attend a conference in Riyadh, under the auspices of the Gulf Cooperation Council, to further support the political transition in Yemen, and to complement and support the UN-brokered negotiations;
8. Urges all parties to facilitate the delivery of humanitarian assistance, as well as safe and unhindered access for humanitarian actors to reach people in need of humanitarian assistance;
9. Reaffirms the need for all parties to ensure the safety of civilians, including those receiving assistance as well as the need to ensure the security of humanitarian personnel and United Nations and its associated personnel;[S/PRST/2015/8]
10. Calls on all parties to facilitate the evacuation by concerned States and international organizations of their civilians and personnel from Yemen;
11. Calls on all parties to comply with their obligations under international law, including applicable international humanitarian law and human rights law; [based on S/PRST/2015/8]
12. Recalls the principle of the inviolability of diplomatic and consular premises and the obligations of host Governments, including under the 1961 Vienna Convention on Diplomatic Relations and under the 1963 Vienna Convention on Consular Relations, to take all appropriate steps to protect diplomatic and consular premises against any intrusion or damage, and to prevent any disturbance of the peace of these missions or impairment of their dignity; 
13. Requests the Secretary-General to intensify his good offices role in order to facilitate the delivery of humanitarian assistance and evacuation and to enable a resumption of a peaceful, inclusive, orderly and Yemeni-led political transition process that meets the legitimate demands and aspirations of the Yemeni people, including women, for peaceful change and meaningful political, economic and social reform, as set out in the GCC Initiative and Implementation Mechanism and the outcomes of the comprehensive National Dialogue Conference, and stresses the importance of the United Nations close coordination with international partners, including the Gulf Cooperation Council, Group of Ambassadors in Sana’a, and other actors, in order to contribute to successful transition; [based on PP12 and OP11 UNSCR 2201]
Arms embargo
14. Decides that all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to, or for the benefit of Ali Abdullah Saleh, Abdullah Yahya Al Hakim, Abd Al-Khaliq Al-Huthi, and the individuals and entities designated by the Committee pursuant to paragraph -------(d) of this resolution, the individuals and entities listed in Annex I of this resolution, and those acting  on their behalf or at their direction in Yemen, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories;
15. Calls upon Member States, in particular States neighbouring Yemen, to inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to Yemen, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, or transfer of which is prohibited by paragraph(s) ------- of this resolution for the purpose of ensuring strict implementation of those provisions; 
16. Decides to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph(s) ----------- of this resolution, seize and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) of such items the supply, sale, or transfer of which is prohibited by paragraph(s) ----------- of this resolution and decides further that all Member States shall cooperate in such efforts;
17. Requires any Member State when it undertakes an inspection pursuant to paragraph --------- above, to submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided, and, if prohibited items for supply, sale, or transfer are found, further requires such Member States to submit to the Committee within 30 days a subsequent written report containing relevant details on the inspection, seizure, and disposal, and relevant details of the transfer, including a description of the items, their origin and intended destination, if this information is not in the initial report;
Additional designation criteria
18. Reaffirms the designation criteria set out  in paragraph 17 of resolution 2140 (2014), the measures imposed by paragraph 11 and 15 of the same and stresses the importance of the full implementation;

19. Reaffirms that the provisions of paragraphs 11 and 15 of resolution 2140 (2014) shall apply to individuals, and that the provisions of paragraph 11 of that resolution shall apply to entities, designated by the Committee as engaging in or providing support for acts that threaten the peace, security or stability of Yemen such as violating the arms embargo imposed by paragraph [….} or obstructing the delivery of humanitarian assistance to Yemen or access to, or distribution of, humanitarian assistance in Yemen;
Mandate of the Sanctions Committee
20. Decides that the mandate of the Committee established pursuant to resolution 2140 (2014) shall include:
(a) monitoring implementation of the measures imposed in paragraph ----------,
(b) seeking from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed by paragraph ------- above,
(c) examining and taking appropriate action on information regarding alleged non-compliance with the measures contained in this resolution,
(d) designating as may be necessary additional individuals and entities subject to the measures imposed by paragraph ---------- [the arms embargo];
Mandate of the Panel of Experts
21. Decides that the mandate of the Panel of Experts established pursuant to resolution 2140 (2014) shall include:
(a) monitoring implementation of the measures imposed in paragraphs ----------;
22. Requests the Secretary-General, having due regard for the increased mandate of the Panel of Experts, increase the Panel to five members, and make the necessary financial and security arrangements to support the work of the Panel;
23. Calls upon the Panel of Experts to cooperate actively with other Panels or Groups of Experts established by the Security Council, including the 1267  Monitoring Team, as relevant to the implementation of their mandate; 
Commitment to review
24. Deplores the failure to implement the demands made in its previous resolutions on Yemen, and in this context expresses its readiness to consider the imposition of further measures with the aim of achieving the full implementation of this resolution and the relevant resolutions;
25. Decides to remain actively seized of the matter.


Annex I
1. Abdulmalik al-Houthi
2. Ahmed Ali Abdullah Saleh

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