The Security Council adopted resolution on Wednesday, March 6th, diplomats said.
United Kingdom of Great Britain and Northern
Ireland:
draft resolution
The Security Council,
Recalling its previous
resolutions on the situation in Somalia, as well as other relevant Presidential
Statements on the situation in Somalia, in particular resolutions 733 (1992),
1425 (2002), 1772 (2007), 2036 (2012), and 2073 (2012),
Reiterating its full
support to the Secretary-General and his Special Representative, and for their
work with the African Union (AU), including the Chairperson of the AU Commission
and her Special Representative, as well as other international and regional
partners,
Reaffirming its respect
for the sovereignty, territorial integrity, political independence and unity of
Somalia, recognizing the significant
progress that has been made in Somalia over the past year, and reiterating its commitment to a
comprehensive and lasting settlement of the situation in Somalia,
Commending the
contribution of the African Union Mission to Somalia (AMISOM) to lasting peace
and stability in Somalia, noting its
critical role in improving the security situation in Mogadishu (particularly in
the military and policing roles) and other areas of south-central Somalia,
including Kismayo, expressing its
appreciation for the continued commitment of troops, police and equipment to
AMISOM by the Governments of Burundi, Djibouti, Kenya, Nigeria, Sierra Leone
and Uganda, and recognizing the
significant sacrifices made by AMISOM forces,
Calling on the Federal
Government of Somalia, with the support of AMISOM and international partners,
to consolidate security and establish the rule of law in areas secured by
AMISOM and the Security Forces of the Federal Government of Somalia, underlining the importance of building
sustainable, legitimate and representative local governance and security
structures in both Mogadishu and areas recovered from Al-Shabaab control, encouraging all relevant authorities to
uphold high standards in resource management, and reiterating the need for rapid and increased United Nations support
to the Federal Government of Somalia in these areas,
Underlining the importance
of capacity-building of the Security Forces of the Federal Government of
Somalia and in this regard, reaffirming
the importance of the re-establishment, training, equipping and retention of
Somali security forces, which is vital for the long-term stability and security
of Somalia, expressing support for
the ongoing European Union Training Mission and other capacity-building
programmes, and emphasizing the
importance of increased coordinated, timely and sustained support from the
international community,
Reiterating
its strong condemnation of all attacks on Somali institutions, AMISOM, United
Nations personnel and facilities, journalists, and the civilian population by
armed opposition groups, and foreign fighters, particularly Al-Shabaab, stressing that such groups, including
foreign fighters engaged in destabilizing Somalia, constitute a continuing
terrorist threat to Somalia, the region and the international community, stressing that there should be no place
for terrorism or violent extremism in Somalia, and reiterating its call to all opposition groups to lay down their
arms,
Expressing concern at the
ongoing humanitarian crisis in Somalia and its impact on the people of Somalia,
commending the efforts of the United
Nations humanitarian agencies and other humanitarian actors to deliver
life-saving assistance to vulnerable populations, condemning any misuse or obstruction of humanitarian assistance, underlining the importance of the full,
safe, independent, timely and unimpeded access of all humanitarian actors to
all those in need of assistance, and underlining
further the importance of proper accounting in international humanitarian
support,
Recalling its resolutions
1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006) and 1894 (2009) on the
protection of civilians in armed conflict, its resolutions 1325 (2000), 1820
(2008), 1888 (2009), 1889 (2009) and 1960 (2010) on women, peace and security,
its resolution 1738 (2006) on the protection of journalists in armed conflicts,
and its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068 (2012) on
children and armed conflict, and taking
note of the report of the Secretary-General on Children and Armed Conflict,
and its conclusions, as endorsed by the Security Council Working Group on
Children and Armed Conflict,
Welcoming the Strategic
Reviews of both the United Nations and the African Union on their presence and
engagement in Somalia, and the decisions taken by both organizations to enhance
collaboration on the basis of comparative advantage and a clear division of
labour, and underlining the
importance of both organizations improving their coordination with one another,
as well as with the Federal Government of Somalia, other regional organizations,
and Member States,
Welcoming the Federal
Government of Somalia’s development of a new national security strategy, calling on the Federal Government of
Somalia to accelerate its implementation in view of the remaining threat posed
by Al-Shabaab and other destabilizing actors, underlining the importance of further defining the composition of
Somalia’s national security forces, identifying capability gaps in order to
guide AMISOM and donors’ security sector assistance priorities and signalling
areas of cooperation with the international donor community, and noting the international community’s
intention to support the Federal Government of Somalia in security sector
reform,
Recognizing that the
Federal Government of Somalia has a responsibility to protect its citizens and
build its own national security forces, noting
that these forces should be inclusive and representative of Somalia and act in
full compliance with their obligations under international humanitarian law and
human rights law, and reaffirming the
intent of international partners to support the Federal Government of Somalia
in achieving this,
Recognizing that a more
stable Somalia is of vital importance to ensuring regional security,
Welcoming the Federal
Government of Somalia’s commitment to peace, stability and reconciliation
across Somalia, including at the regional level,
Welcoming the Federal
Government of Somalia’s commitment to improving human rights in Somalia, expressing its concern at the reports of
violations of human rights, including extrajudicial killings, violence against
women, children and journalists, arbitrary detention and pervasive sexual
violence in camps for internally displaced persons, and underscoring the need to end impunity, uphold human rights and to
hold accountable those who commit such crimes,
Expressing concern at
reports of continuous violations of the Somali and United Nations ban on
charcoal exports, welcoming the
President of Somalia’s task-force on this issue, and recognizing the need to assess urgently, and provide
recommendations on, resolving the charcoal issue,
Underlining its full
support for the Somalia and Eritrea Monitoring Group (SEMG), and recalling the importance of the SEMG
being given full support in carrying out its mandate by all Member States and
all appropriate United Nations bodies supporting the Group,
Determining that the
situation in Somalia continues to constitute a threat to international peace
and security,
Acting under Chapter VII
of the charter of the United Nations,
AMISOM
1. Decides to authorize the Member States of the African Union (AU) to
maintain the deployment of AMISOM until 28 February 2014, which shall be
authorised to take all necessary measures, in full compliance with its
obligations under international humanitarian law and human rights law, and in
full respect of the sovereignty, territorial integrity, political independence
and unity of Somalia, to carry out the following tasks:
(a) To maintain a presence in
the four sectors set out in the AMISOM Strategic Concept of 5 January 2012, and
in those sectors, in coordination with the Security Forces of the Federal
Government of Somalia, reduce the threat posed by Al-Shabaab and other armed
opposition groups, including receiving, on a transitory basis, defectors, as
appropriate, and in coordination with the United Nations, in order to establish
conditions for effective and legitimate governance across Somalia;
(b) To support dialogue and
reconciliation in Somalia by assisting with the free movement, safe passage and
protection of all those involved with the peace and reconciliation process in
Somalia;
(c) To provide, as appropriate,
protection to the Federal Government of Somalia to help them carry out their
functions of government, and security for key infrastructure;
(d) To assist, within its
capabilities, and in coordination with other parties, with implementation of
the Somali national security plans, through training and mentoring of the
Security Forces of the Federal Government of Somalia, including through joint
operations;
(e) To contribute, as may be
requested and within capabilities, to the creation of the necessary security
conditions for the provision of humanitarian assistance;
(f) To assist, within its
existing civilian capability, the Federal Government of Somalia, in
collaboration with the United Nations, to extend state authority in areas
recovered from Al-Shabaab;
(g) To protect its personnel,
facilities, installations, equipment and mission, and to ensure the security
and freedom of movement of its personnel, as well as of United Nations
personnel carrying out functions mandated by the Security Council;
2. Reiterates its request in paragraph 9 of resolution 2036 (2012) for
the establishment without any further delay of a guard force of an appropriate
size and within AMISOM’s mandated troop levels to provide security, escort and
protection services to personnel from the international community, including
the United Nations, and requests the
AU to provide details in its next report to the Security Council on progress
towards, and the timetable for, its establishment;
3. Requests the Secretary-General to continue to provide technical,
management and expert advice to the AU in the planning and deployment of
AMISOM, through the United Nations Office to the African Union, including on
the implementation of the AMISOM Strategic Concept and the AMISOM Concept of
Operations;
4. Requests the Secretary-General to continue to provide a logistical
support package for AMISOM, referred to in paragraphs 10, 11 and 12 of
resolution 2010 (2011), paragraphs 4 and 6 of resolution 2036 (2012) and
paragraph 2 of resolution 2073 (2012) for a maximum of 17,731 uniformed
personnel until 28 February 2014, ensuring the accountability and transparency of
expenditure of the United Nations funds as set out in paragraph 4 of resolution
1910 (2010), and consistent with the requirements of the Secretary-General’s
Human Rights Due Diligence Policy;
5. Reiterates paragraph 6 of resolution 2036 (2012) and paragraph 2 of
resolution 2073 (2012) regarding logistical support to AMISOM;
6. Recalls its request in paragraph 5 of resolution 2036 related to
transparency and proper accountability for resources provided to AMISOM, in
particular the number of troops, civilian personnel and equipment, and requests UNSOA, in cooperation with the
AU, to verify the number of troops, civilian personnel and equipment deployed
as part of AMISOM;
7. Calls upon new and existing donors to support AMISOM through the
provision of additional funding for troop stipends, equipment, technical
assistance, and uncaveated funding for AMISOM to the United Nations Trust Fund
for AMISOM, and calls upon the AU to
consider providing funding to AMISOM through its own assessed costs as it has
recently done for the African-led International Support Mission in Mali;
8. Requests the AU to keep the Security Council regularly informed on
the implementation of AMISOM’s mandate through the provision of written reports
to the Secretary-General every 90 days after the adoption of this resolution;
9. Welcomes the progress made by AMISOM in reducing civilian
casualties during its operations, and urges
AMISOM to enhance its efforts to prevent civilian casualties;
10. Encourages AMISOM to develop further an effective approach to the
protection of civilians, as requested by the AU Peace and Security Council;
11. Recalls AMISOM’s commitment to establish a Civilian Casualty
Tracking, Analysis and Response Cell (CCTARC), underlines the importance of its establishment, requests AMISOM to report on the
progress made in establishing the CCTARC and calls on international donors and partners to further support the
establishment of a CCTARC;
12. Requests AMISOM to ensure that any detainees in their custody are
treated in strict compliance with AMISOM’s obligations under international
humanitarian law and human rights law;
13. Requests AMISOM to strengthen child and women’s protection in its
activities and operations, including through the deployment of a child protection
adviser and a women’s protection adviser, within its existing civilian
component to mainstream child and women’s protection within AMISOM;
14. Requests AMISOM to take adequate measures to prevent sexual
violence, and sexual exploitation and abuse, by applying policies consistent
with the United Nations zero tolerance policy on sexual exploitation and abuse
in the context of peacekeeping;
15. Requests the AU to establish a system to address systematically
allegations of misconduct, which includes clear mechanisms for receiving and
tracking allegations, as well as for following up with troop-contributing
countries on the results of investigations and disciplinary actions taken as
applicable, and requests the United
Nations to advise and provide guidance to the AU in this endeavour;
16. Welcomes the development of the Government of Somalia’s National
Programme for Handling Disengaged Combatants in Somalia, notes the need for
appropriate human rights safeguards, and encourages
Member States to support the plan through the provision of funds;
United Nations Strategic Review
17. Welcomes the review by the Secretary-General of the United Nations’
presence and engagement in Somalia;
18. Agrees with the Secretary-General that UNPOS has fulfilled its
mandate and should now be dissolved, and further
agrees that UNPOS should be replaced by a new expanded Special Political
Mission as soon as possible;
19. Agrees with the Secretary-General that the conditions in Somalia
are not yet appropriate for the deployment of a United Nations Peacekeeping
Operation, and requests that he keeps
this under review, including through the setting of benchmarks for when it
might be appropriate to deploy a United Nations peacekeeping operation and looks forward to receiving this information
as part of his regular reporting to the Security Council;
20. Decides that UNSOA shall be integrated within the framework of the
new United Nations Mission, with the head of UNSOA continuing to report to the
Department of Field Support on the delivery of the AMISOM logistical support
package, and reporting to the Special Representative of the Secretary-General
on logistical support to the new United Nations Mission and on policy or
political questions arising from the functions of UNSOA relevant to the mandate
of the new United Nations Mission;
21. Requests that by 1st January 2014 the post of Deputy Special
Representative of the Secretary-General/Resident and Humanitarian Coordinator
(DSRSG/RC/HC) will have been established and structurally integrated into the
new United Nations Mission, which will operate alongside AMISOM, requests in the meantime that the
Secretary-General ensure that, with immediate effect, all appropriate
activities of the United Nations Country Team are fully coordinated with the
new United Nations Mission, including through joint teams and joint strategies,
while ensuring the humanity, impartiality, neutrality, and independence of
humanitarian assistance, and further
requests the Secretary-General to keep the Security Council regularly
informed about the steps he is taking to integrate the work of the United
Nations Country Team and the new United Nations Mission, through the provision
of written reports every 90 days;
22. Requests the Secretary-General to conduct a Technical Assessment
Mission on the implementation of the new United Nations mission, in full
cooperation with the Federal Government of Somalia, AU, regional bodies and
Member States, on the basis of the guiding principles as set out below:
(a) Empowering Somali ownership
of the statebuilding and peacebuilding agenda;
(b) Providing the traditional United
Nations good offices function and support to the government, including on
reconciliation, elections and the effective implementation of a federal system;
(c) Providing strategic and
policy advice on security, stabilisation, peacebuilding and state-building,
including through the mission having a substantially strengthened security and
rule of law capacity;
(d) Monitoring, reporting and
helping build capacity on human rights, including on sexual, gender-based and
conflict-related violence and on violations against children — supporting the
implementation of the two action plans on children and armed conflict signed by
the Federal Government of Somalia;
(e) Supporting the Federal
Government of Somalia’s efforts to manage and specifically coordinate
international assistance, particularly on security sector reform;
(f) Providing integrated policy
advice and support to the Federal Government of Somalia, in cooperation with
the United Nations Country Team, and in accordance with the arrangements set
out in paragraph 21;
23. Underlines that the new mission should be headquartered in
Mogadishu and should deploy further across Somalia as security conditions
allow, and requests advice from the
Secretary-General on how the Mission will be protected;
24. Requests the Secretary-General to report to the Council no later
than
19 April 2013 on the results of his Technical Assessment Mission, including on
the United Nations division of labour with the AU, after which the Council will
formally mandate a new Special Political Mission, and underlines that the new United Nations Mission should deploy by 3
June 2013;
Human Rights
and Protection of Civilians
25. Recalls its previous resolutions 1265 (1999), 1296 (2000), 1674
(2006), 1738 (2006), and 1894 (2009), as well as all its resolutions on Women,
Peace and Security, Children and Armed Conflict and peacekeeping, and all
relevant statements of its President;
26. Condemns all attacks against civilians in Somalia, calls for the immediate cessation of all
acts of violence, including sexual and gender based violence, or abuses
committed against civilians, including women and children, and humanitarian
personnel in violation of international humanitarian law and human rights law, stresses the responsibility of all
parties in Somalia to comply with their obligations to protect the civilian
population from the effects of hostilities, in particular by avoiding any
indiscriminate attacks or excessive use of force, and underscores the need to end impunity, uphold human rights and hold
those who commit crimes accountable;
27. Welcomes the commitment made by the President of Somalia to hold
the Somali National Security Forces accountable for allegations of sexual
violence, urges the Federal
Government of Somalia, in cooperation with the United Nations, to initiate its
Task Force on Sexual Violence, and to develop and implement a comprehensive
strategy to prevent and respond to sexual violence, and stresses the need for the Federal Government of Somalia to take all
appropriate measures to bring to justice any perpetrator of such acts;
28. Expresses concern at the security situation in camps for internally
displaced persons (IDPs) and settlements, condemns
all human rights violations and abuses, including sexual violence, committed
against IDPs by all parties, including armed groups and militias, and calls for the strengthening of
protection of IDP camps;
29. Recalls the relevant prohibition of the forced displacement of
civilians in armed conflict, and stresses
the importance of fully complying with international humanitarian law and other
applicable international law in this context;
30. Recalls the obligation of the Federal Government of Somalia with
respect to the protection of journalists, the prevention of violence against
them, and the fight against impunity for perpetrators of such acts;
31. Reaffirms the important role of women in the prevention and
resolution of conflicts and in peacebuilding, stresses the importance of their participation in all efforts for
the maintenance and promotion of peace and security, and urges the Federal Government of Somalia to continue to promote
increased representation of women at all decision-making levels in Somali
institutions;
32. Strongly condemns reports of grave violations against children, urges the Government of Somalia, as a
matter of priority, to implement the action plan signed on 6 August 2012 to
eliminate the killing and maiming of children, and the 3 July 2012 action plan
to end the recruitment and use of child soldiers, and stresses the need for the Federal Government of Somalia to take
appropriate measures to bring to justice any perpetrator of such acts;
Arms Embargo
33. Decides that for a period of twelve months from the date of this
resolution the measures imposed in paragraph 5 of resolution 733 (1992), and
further elaborated by paragraphs 1 and 2 of resolution 1425 (2002), shall not
apply to deliveries of weapons or military equipment or the provision of
advice, assistance or training, intended solely for the development of the
Security Forces of the Federal Government of Somalia, and to provide security
for the Somali people, except in relation to deliveries of the items set out in
the annex to this resolution;
34. Decides that weapons or military equipment sold or supplied solely
for the development of the Security Forces of the Federal Government of Somalia
may not be resold to, transferred to, or made available for use by, any
individual or entity not in the service of the Security Forces of the Federal
Government of Somalia;
35. Calls upon States to exercise vigilance over the direct or indirect
supply, sale or transfer to Somalia of items not subject to the measures imposed
in paragraph 5 of resolution 733 (1992) and further elaborated by paragraphs 1
and 2 of resolution 1425 (2002);
36. Decides that the measures imposed by paragraph 5 of resolution 733
(1992) and further elaborated by paragraphs 1 and 2 of resolution 1425 (2002)
shall not apply to deliveries of weapons or military equipment or the provision
of assistance intended solely for the support of, or use by, AMISOM’s strategic
partners, operating solely under the African Union Strategic Concept of 5
January 2012, and in cooperation and coordination with AMISOM;
37. Decides that the measures imposed by paragraph 5 of resolution 733
(1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425
(2002) shall not apply to supplies of weapons or military equipment or the
provision of assistance, intended solely for the support of or use by United
Nations personnel, including the United Nations Political Office for Somalia or
its successor mission;
38. Decides that the Federal Government of Somalia shall notify the
Committee established pursuant to resolutions 751 (1992) and 1907 (2009), for
its information, at least five days in advance, of any deliveries of weapons or
military equipment or the provision of assistance intended solely for the
Security Forces of the Federal Government of Somalia, as permitted in paragraph
33 of this resolution, providing details of such deliveries or assistance and
the specific place of delivery in Somalia, further
decides that the Member State delivering assistance may, in the
alternative, make this notification after informing the Federal Government of
Somalia that it intends to do so, and stresses
the importance that such notifications contain all relevant information,
including, where applicable, the type and quantity of weapons, ammunitions,
military equipment and materiel to be delivered, and the proposed date of
delivery;
39. Requests the Federal Government of Somalia to report to the
Security Council no later than one month after the adoption of this resolution,
and every six months thereafter, on:
(a) The structure of the
Security Forces of the Federal Government of Somalia;
(b) The infrastructure in place
to ensure the safe storage, registration, maintenance and distribution of
military equipment by the Security Forces of the Federal Government of Somalia;
(c) The procedures and codes of
conduct in place for the registration, distribution, use and storage of weapons
by the Security Forces of the Federal Government of Somalia, and on training
needs in this regard;
40. Calls upon States and regional organizations that have the capacity
to do so, to provide assistance to the Federal Government of Somalia to achieve
improvements in the areas set out in (b) and (c) of paragraph 39 of this
resolution, in full coordination with the Federal Government of Somalia;
41. Requests the SEMG to include, in its reporting to the Committee,
both an assessment of the progress made in the areas set out in (b) and (c) of
paragraph 39, and an assessment of any misappropriation or sale to other groups
including militias, in order to assist the Council in any review of the
appropriateness of the provisions outlined in paragraph 33 of this resolution,
which are for the purpose of building the capacity of the Security Forces of
the Federal Government of Somalia, and providing security for the people of
Somalia, and further requests the
Monitoring Group to report on its own ability to monitor delivery of weapons,
military equipment and assistance to Somalia;
42. Decides to review the effects of paragraphs 33 to 41 of this
resolution within twelve months of the date of this resolution;
43. Decides that the measures in paragraphs 1, 3, and 7 of resolution
1844 (2008) shall apply to individuals, and that the provisions of paragraphs 3
and 7 of that resolution shall apply to entities, designated by the Committee:
(a) as engaging in, or
providing support for, acts that threaten the peace, security or stability of
Somalia, including acts that threaten the peace and reconciliation process in Somalia,
or threaten the Federal Government of Somalia or AMISOM by force;
(b) as having acted in
violation of the arms embargo imposed by paragraph 5 of resolution 733 (1992),
further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002), and as
amended by paragraphs 33 to 38 of this resolution or as having acted in
violation of the arms resale and transfer restrictions set out in paragraph 34
of this resolution;
(c) as obstructing the delivery
of humanitarian assistance to Somalia, or access to, or distribution of,
humanitarian assistance in Somalia;
(d) as being political or
military leaders recruiting or using children in armed conflicts in Somalia in
violation of applicable international law;
(e) as being responsible for
violations of applicable international law in Somalia involving the targeting
of civilians including children and women in situations of armed conflict,
including killing and maiming, sexual and gender-based violence, attacks on
schools and hospitals and abduction and forced displacement;
44. Underlines its support for the President of Somalia’s task-force
charged with providing solutions on the issue of charcoal in Somalia, demands that all appropriate actors
cooperate in full with the task-force, and looks
forward to receiving recommendations and options from the Federal
Government of Somalia in this regard;
45. Decides to remain actively seized of the matter.
Annex
1. Surface to air
missiles, including Man-Portable Air-Defence Systems (MANPADS);
2. Guns, howitzers, and
cannons with a calibre greater than 12.7 mm, and ammunition and components
specially designed for these. (This does not include shoulder fired anti-tank
rocket launchers such as RPGs or LAWs, rifle grenades, or grenade launchers.);
3. Mortars with a calibre
greater than 82 mm;
4. Anti-tank guided
weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and
components specially designed for these items;
5. Charges and devices
intended for military use containing energetic materials; mines and related
materiel;
6. Weapon sights with a
night vision capability.
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