Resolution 2249, drafted by France, on combating Daesh/ ISIS

A wide view of the Security Council meeting as Members observe a moment of silence for the victims of the terrorist attacks in Beirut on 12 November and in various locations in Paris on 13 November. 16 November 2015          

 The Security Council,

           Reaffirming its resolutions 1267 (1999), 1368 (2001), 1373 (2001), 1618 (2005), 1624 (2005), 2083 (2012), 2129 (2013), 2133 (2014), 2161 (2014), 2170 (2014), 2178 (2014), 2195 (2014), 2199 (2015), 2214 (2015) and its relevant presidential statements,

           Reaffirming the principles and purposes of the Charter of the United Nations,

           Reaffirming its respect for the sovereignty, territorial integrity, independence and unity of all States in accordance with purposes and principles of the United Nations Charter,

           Reaffirming that terrorism in all 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, whenever and by whomsoever committed,

           Determining that, by its violent extremist ideology, its terrorist acts, its continued gross systematic and widespread attacks directed against civilians, abuses of human rights and violations of international humanitarian law, including those driven on religious or ethnic ground, its eradication of cultural heritage and trafficking of cultural property, but also its control over significant parts and natural resources across Iraq and Syria and its recruitment and training of foreign terrorist fighters whose threat affects all regions and Member States, even those far from conflict zones, the Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), constitutes a global and unprecedented threat to international peace and security,

           Recalling that the Al-Nusrah Front (ANF) and all other individuals, groups, undertakings and entities associated with Al-Qaida also constitute a threat to international peace and security,

           Determined to combat by all means this unprecedented threat to international peace and security,

           Noting the letters dated 25 June 2014 and 20 September 2014 from the Iraqi authorities which state that Da’esh has established a safe haven outside Iraq’s borders that is a direct threat to the security of the Iraqi people and territory,

           Reaffirming that Member States must ensure that any measures taken to combat terrorism comply with all their obligations under international law, in particular international human rights, refugee and humanitarian law;

           Reiterating that the situation will continue to deteriorate further in the absence of a political solution to the Syria conflict and emphasizing the need to implement the Geneva Communiqué of 30 June 2012 endorsed as Annex II of its resolution 2118 (2013) and the Statement of the International Syria Support Group (ISSG) of 14 November 2015,

           1.       Unequivocally condemns in the strongest terms the horrifying terrorist attacks perpetrated by ISIL also known as Da’esh which took place on 26 June 2015 in Sousse, on 10 October 2015 in Ankara, on 31 October 2015 over Sinaï, on 12 November 2015 in Beirut and on 13 November 2015 in Paris, and all other attacks perpetrated by ISIL also known as Da’esh, including hostage-taking and killing, and notes it has the capability and intention to carry out further attacks and regards all such acts of terrorism as a threat to  peace and security;

           2.       Expresses its deepest sympathy and condolences to the victims and their families and to the people and Governments of Tunisia, Turkey, Russian Federation, Lebanon and France, and to all Governments whose citizens were targeted in the above mentioned attacks and all other victims of terrorism;

           3.       Condemns also in the strongest terms the continued gross, systematic and widespread abuses of human rights and violations of humanitarian law, as well as barbaric acts of destruction and looting of cultural heritage carried out by ISIL also known as Da’esh;

           4.       Reaffirms that those responsible for committing or otherwise responsible for terrorist acts, violations of international humanitarian law or violations or abuses of human rights must be held accountable;

           5.       Calls upon Member States that have the capacity to do so to take all necessary measures, in compliance with international law, in particular with the United Nations Charter, as well as international human rights, refugee and humanitarian law, on the territory under the control of ISIL also known as Da’esh, in Syria and Iraq, to redouble and coordinate their efforts to prevent and suppress terrorist acts committed specifically by ISIL also known as Da’esh as well as ANF, and all other individuals, groups, undertakings, and entities associated with Al Qaeda, and other terrorist groups, as designated by the United Nations Security Council, and as may further be agreed by the International Syria Support Group (ISSG) and endorsed by the UN Security Council, pursuant the Vienna Communique of 14 November, and to eradicate the safe haven they have established over significant parts of Iraq and Syria;

           6.       Urges Member States to intensify their efforts to stem the flow of foreign terrorist fighters to Iraq and Syria and to prevent and suppress the financing of terrorism, and urges all Members states to continue to fully implement the above-mentioned resolutions;

           7.       Expresses its intention to swiftly update the 1267 committee sanctions list in order to better reflect the threat posed by ISIL also known as Da’esh;

           8.       Decides to remain seized of the matter.

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Security Council calls Lebanese politicians, again, to elect a president

UNSC Press statement – Situation in Lebanon

18 November 2015

The members of the Security Council were briefed on 18 November 2015 by the Special Coordinator for Lebanon of the Secretary-General Sigrid Kaag on the implementation of UN Security Council Resolution 1701 (2006). 

The members of the Security Council reiterated their condemnation in the strongest terms of the terrorist attack carried out by ISIL, also known as Da’esh, on 12 November 2015 in Beirut, killing at least 43 and injuring more than 200 people.  

The members of the Security Council underlined the need to bring the perpetrators of these terrorist attacks to justice.  

The members of the Security Council reiterated in these challenging circumstances their strong support for Lebanon’s state institutions, including the Lebanese Armed Forces and security services, in their efforts to safeguard the security and stability of the country.  

The members of the Security Council expressed their continuing concern at the negative impact of the Syrian crisis on Lebanon’s stability and the immediate threat to its security. The members of the Security Council reiterated the importance of Lebanon’s policy of disassociation and called on all Lebanese parties to cease any involvement in the Syrian crisis, consistent with their commitment in the Ministerial declaration of the current Government and in the Baabda Declaration of 12 June 2012.  

The members of the Security Council expressed deep concern over the 18-month vacancy in the Presidency of the Republic, which seriously impairs Lebanon’s ability to address the security, economic, social, and humanitarian challenges facing the country.  The members of the Security Council called on all Lebanese leaders to adhere to Lebanon's Constitution and to the Taef Agreement and National Pact, to put Lebanon's stability and national interests ahead of partisan politics, and act responsibly and with leadership and flexibility to urgently convene a parliamentary session and proceed to the election of a President. 

The members of the Security Council noted with concern the deep socio-economic impact of the refugee crisis on Lebanon and urged Members States to increase assistance to Lebanon.  

The members of the Security Council reiterated its full support for UNIFIL and renewed its call on all parties to abide scrupulously by their obligation to respect the safety of UNIFIL and other United Nations personnel.

The members of the Security Council expressed appreciation for the outcome of the latest ministerial meeting of the International Support Group for Lebanon (ISG) convened by the Secretary-General on September 30, 2015 and urged the ISG to continue its work in coordination with the Special Coordinator to seek opportunities to help address rising challenges to Lebanon’s security and stability.  

The members of the Security Council recalled all of the Council’s previous resolutions and the statements of its President on the situation in Lebanon, and they reaffirmed their strong support for the territorial integrity, sovereignty, and political independence of Lebanon.

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Russian draft resolution on Counterterrorism (September 2015)

Russia presented this draft resolution last September in the Security Council. 

The new Russian draft that was circulated today is based on this text with some new amendments and elements that include Article 51 and references to Paris and Sinai attacks. 

Draft (September 2015)

The Security Council,

Reaffirming its commitment to sovereignty, territorial integrity and political independence of all States in accordance with the Charter of the United Nations, 

Expressing grave concern over the risks posed by the increasing terrorist threat to the territorial integrity and existence of some States in the Middle East and North Africa, as well as over the serious humanitarian consequences of the growing terrorist activity in the region, including the large-scale increase in number of refugees and internally displaced persons and the expansion of illegal migration flows,

Noting that the lack of solution to some conflicts in the Middle East and North Africa is one of the factors contributing to the expansion of the terrorist ideology in the region, 

Reiterating its concern that foreign terrorist fighters increase the intensity, duration and intractability of conflicts, and also may pose a serious threat to their States of origin, the States they transit and the States to which they travel, as well as States, neighbouring to zones of armed conflict, in which foreign terrorist fighters are active and that are affected by serious security burdens, (based on pp10, 2178)

Noting that the threat of foreign terrorist fighters may affect all regions and Member States, even those far from conflict zones, (based on pp10, 2178)

Expressing grave concern that foreign terrorist fighters are using their extremist ideology to promote terrorism, (based on pp10, 2178)

Recognizing that terrorism poses a threat to peace and stability in the Middle East and North Africa, and that countering this threat requires collective efforts on national, regional and international levels on the basis of respect for the principles and norms of international law, 

Underlining that international cooperation and any measures taken by Member States to prevent and combat terrorism must comply fully with the Charter of the United Nations, (common CT language)

Noting in this regard the central role the United Nations and its Security Council play in leading and coordinating these efforts, 

1. Reiterates its condemnation of terrorism in all forms and manifestations and calls upon all Member States to counter this threat in accordance with their obligations under international law; 

2. Condemns unconditionally such organizations as the Islamic State in Iraq and the Levant (ISIL), Al-Qaida and all other groups, undertakings and entities associated with Al-Qaida, in particular Al-Nusrah Front (ANF), for continued and multiple terrorist acts; 

3. Reaffirms that those responsible for committing terrorist acts, including those driven by ethnic, religious or sectarian grounds, must be held accountable;

4. Welcomes the efforts of Member States, including States of the Middle East and North Africa, which contribute to countering the terrorist threat in the region, including fighting the organizations mentioned in paragraph 2 above, in accordance with the norms of international law and purposes and principles of the UN Charter, and calls upon all States to participate to the extent possible in these efforts and to coordinate their activities with the consent of the States, in the territories of which such activities are conducted, on the basis of the UN Charter and in accordance with the principles of sovereignty and territorial integrity of Member States;

5. Requests Member States participating in the activities mentioned in paragraph 4 above to submit to the Security Council periodic reports in this regard;

6. Emphasizes the need to prevent and suppress the financing of terrorist acts, and in this regard notes in particular that States are required to ensure that their nationals and persons in their territory not make available, directly or indirectly, any funds, other financial assets or economic resources, including oil, oil products, modular refineries and related material and other natural resources that are identified as directed to, collected for, or otherwise for the benefit of ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, as well as any funds or negotiable benefit arising from such economic resources; (op.9, 2199)

7. Reiterates its call on all Member State, in accordance with their obligations under international law, to cooperate in efforts to address the threat of terrorism, including the threat posed by foreign terrorist fighters, and to establish in particular an effective exchange of relevant information; (based on op.4, 2178)

8. Encourages more active submission to the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) listing requests of individuals supporting ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida and directs the 1267/1989 Al-Qaida Sanctions Committee to immediately consider, in accordance with its resolution 2199 (2015), designations of individuals and entities engaged in oil trade related activities with ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida; (based on op.13, 2199)

9. Requests the Analytical Support and Sanctions Monitoring Team to submit to the Committee in 60 days recommendations on measures to strengthen the monitoring of implementation of resolution 2199 (2015); 

10. Reaffirms the crucial role of the Counter Terrorism Committee (CTC) and its Executive Directorate (CTED) in ensuring the full implementation of resolutions 1373 (2001) and 1624 (2005), notes the ongoing work on supplementing the global surveys of resolutions 1373 (2001) and 1624 (2005), endorses the thematic and regional approach of CTED aimed at addressing the counter-terrorism needs of each Member State and region, and directs CTED to present in 9 months a report to the CTC on regional aspects of implementation of resolutions 1373 (2001) and 1624 (2005) by the States of the Middle East and North Africa taking into account the emerging issues, trends and developments related to these resolutions that, in paragraph 5 of resolution 2129 (2013), the Security Council directed CTED to identify and requests the Executive Director of CTED to brief the Council on the findings of this report; (based on 2129 and 2178)

11. Requests the Analytical Support and Sanctions Monitoring Team in close cooperation with other United Nations counter-terrorism bodies to gather from States, relevant United Nations bodies, other international and regional organizations and other interested parties information concerning designation of individuals and entities, associated with Al-Qaida, and its cells, affiliates, splinter groups and derivatives, such as ISIL, ANF, Ansar Al Charia, who may be engaging in activities falling under resolution 2199 and to provide the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) with this information in a form of updates on each of the following subjects: oil trade; trade in cultural property; external donations; direct or indirect supply, sale or transfer of arms and related material of all type, as part of the impact assessment, pursuant to paragraph 30 of resolution 2199 (2015), that the Team will include in its regular reports to the Committee; 

12. Reiterates the need to enhance cooperation and coordination among the committees with counter-terrorism mandates established pursuant to resolutions 1267 (1999) and 1989 (2011), 1373 (2001) and 1540 (2004) and their respective groups of experts, and notes the importance of the committees' interaction and dialogue with all Member States in the Middle East and North Africa for their effective cooperation and encourages the committees to hold in 2016 a joint meeting with participation of Member States, inviting representatives of the Organization of Islamic Cooperation and the League of Arab States, to discuss further steps to be taken with regards to counterterrorism efforts in the Middle East and North Africa taking into account the emerging regional issues, trends and developments related to resolutions 1267 (1999) and 1989 (2011), 1373 (2001) and 1540 (2004); (based on S/PRST/2014/23)

13. Underscores the important role of the Counter Terrorism Implementation Task Force (CTITF) in technical assistance delivery and strongly recommends that the CTITF Office, in close consultation with CTED and based on its CTC-approved analyses and reports, and using the information provided by the Analytical Support and Sanctions Monitoring Team and the Group of Experts established pursuant to resolution 1540, set out a prioritized list of capacity building and technical assistance programs to be implemented by CTITF entities and the UN Counter-Terrorism Centre (UNCCT) with respect to the Middle East and North Africa; (based on S/PRST/2015/11)

14. Notes the study conducted by the Financial Action Task Force (FATF) on illicit financial flows, associated with ISIL, and calls upon FATF to continue its efforts to identify States, individuals and entities, involved in trade and transactions with ISIL, aimed at the efficient disruption of terrorism financing channels; 

15. Supports the efforts to resolve conflicts in the Middle East and North Africa undertaken under the aegis of the UN in agreed inclusive formats; 

16. Requests the Secretary-General to report regularly on the implementation of this resolution and to submit the first report in three months upon its adoption and every six months thereafter; 

17. Decides to remain actively seized of the matter.

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Vienna 2 - Statement of the International Syria Support Group: Ceasefire, Parallel Political Process

Statement of the International Syria Support Group

Vienna, November 14, 2015

Meeting in Vienna on November 14, 2015 as the International Syria Support Group (ISSG), the Arab League, China, Egypt, the EU, France, Germany, Iran, Iraq, Italy, Jordan, Lebanon, Oman, Qatar, Russia, Saudi Arabia, Turkey, United Arab Emirates, the United Kingdom, the United Nations, and the United States to discuss how to accelerate an end to the Syrian conflict.  The participants began with a moment of silence for the victims of the heinous terrorist attacks of November 13 in Paris and the recent attacks in Beirut, Iraq, Ankara, and Egypt.  The members unanimously condemned in the strongest terms these brutal attacks against innocent civilians and stood with the people of France.

Subsequently, the participants engaged in a constructive dialogue to build upon the progress made in the October 30 gathering. The members of the ISSG expressed a unanimous sense of urgency to end the suffering of the Syrian people, the physical destruction of Syria, the destabilization of the region, and the resulting increase in terrorists drawn to the fighting in Syria.

The ISSG acknowledged the close linkage between a ceasefire and a parallel political process pursuant to the 2012 Geneva Communique, and that both initiatives should move ahead expeditiously.  They stated their commitment to ensure a Syrian-led and Syrian-owned political transition based on the Geneva Communique in its entirety.  The group reached a common understanding on several key issues.

The group agreed to support and work to implement a nationwide ceasefire in Syria to come into effect as soon as the representatives of the Syrian government and the opposition have begun initial steps towards the transition under UN auspices on the basis of the Geneva Communique.  The five Permanent Members of the UN Security Council pledged to support a UNSC resolution to empower a UN-endorsed ceasefire monitoring mission in those parts of the country where monitors would not come under threat of attacks from terrorists, and to support a political transition process in accordance with the Geneva Communique.    

All members of the ISSG also pledged as individual countries and supporters of various belligerents to take all possible steps to require adherence to the ceasefire by these groups or individuals they support, supply or influence.  The ceasefire would not apply to offensive or defensive actions against Da’esh or Nusra or any other group the ISSG agrees to deem terrorist.

The participants welcomed UN Secretary General Ban’s statement that he has ordered the UN to accelerate planning for supporting the implementation of a nationwide ceasefire.  The group agreed that the UN should lead the effort, in consultation with interested parties, to determine the requirements and modalities of a ceasefire.   

The ISSG expressed willingness to take immediate steps to encourage confidence-building measures that would contribute to the viability of the political process and to pave the way for the nationwide ceasefire.  In this context, and pursuant to clause 5 of the Vienna Communique, the ISSG discussed the need to take steps to ensure expeditious humanitarian access throughout the territory of Syria pursuant to UNSCR 2165 and called for the granting of the UN’s pending requests for humanitarian deliveries.   The ISSG expressed concern for the plight of refugees and internally displaced persons and the imperative of building conditions for their safe return in accordance with the norms of international humanitarian law and taking into account the interests of host countries.  The resolution of the refugee issue is important to the final settlement of the Syrian conflict.  The ISSG also reaffirmed the devastating effects of the use of indiscriminate weapons on the civilian population and humanitarian access, as stated in UNSCR 2139.  The ISSG agreed to press the parties to end immediately any use of such indiscriminate weapons.

The ISSG reaffirmed the importance of abiding by all relevant UN Security Council resolutions, including UNSCR 2199 on stopping the illegal trade in oil, antiquities and hostages, from which terrorists benefit.

Pursuant to the 2012 Geneva Communique, incorporated by reference in the Vienna statement of October 30, and in U.N. Security Council Resolution 2118, the ISSG agreed on the need to convene Syrian government and opposition representatives in formal negotiations under UN auspices, as soon as possible, with a target date of January 1.  The group welcomed efforts, working with United Nations Special Envoy for Syria Staffan de Mistura and others, to bring together the broadest possible spectrum of the opposition, chosen by Syrians, who will decide their negotiating representatives and define their negotiating positions, so as to enable the political process to begin.  All the parties to the political process should adhere to the guiding principles identified at the October 30 meeting, including a commitment to Syria’s unity, independence, territorial integrity, and non-sectarian character; to ensuring that State institutions remain intact; and to protecting the rights of all Syrians, regardless of ethnicity or religious denomination.   ISSG members agreed that these principles are fundamental.

The ISSG members reaffirmed their support for the transition process contained in the 2012 Geneva Communique.  In this respect they affirmed their support for a ceasefire as described above and for a Syrian-led process that will, within a target of six months, establish credible, inclusive and non-sectarian governance, and set a schedule and process for drafting a new constitution.  Free and fair elections would be held pursuant to the new constitution within 18 months. These elections must be administered under UN supervision to the satisfaction of the governance and to the highest international standards of transparency and accountability, with all Syrians, including the diaspora, eligible to participate.    

Regarding the fight against terrorism, and pursuant to clause 6 of the Vienna Communique, the ISSG reiterated that Da’esh, Nusra, and other terrorist groups, as designated by the UN Security Council, and further, as agreed by the participants and endorsed by the UN Security Council, must be defeated.  The Hashemite Kingdom of Jordan agreed to help develop among intelligence and military community representatives a common understanding of groups and individuals for possible determination as terrorists, with a target of completion by the beginning of the political process under UN auspices. 

The participants expect to meet in approximately one month in order to review progress towards implementation of a ceasefire and the beginning of the political process.  

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Statement - Security Council calls Yemeni parties to attend talks

Press Statement on Yemen

        The members of the Security Council welcomed the announcement by the United Nations and the Special Envoy of the Secretary-General for Yemen on the upcoming talks. The members of the Security Council commended the decision by the Government of Yemen to participate in these peace talks along with other parties.  The members of the Security Council expressed their appreciation and reiterated their full support for the efforts of the United Nations and the Special Envoy of the Secretary-General for Yemen.  

        The members of the Security Council recalled Security Council resolutions 2014 (2011), 2051 (2012), 2140 (2014), 2201 (2015) and 2216 (2015), emphasizing the need for a peaceful, orderly, inclusive and Yemeni-led transition process. The members of the Security Council reiterated their demand for the full implementation of relevant Security Council resolutions, and reiterated their call from resolution 2216 (2015) on all Yemeni parties to resume and accelerate United Nations-brokered inclusive political consultations.

        The members of the Security Council reaffirmed their call on Yemeni parties to attend the announced talks and any such future talks and engage without preconditions and in good faith, including by resolving their differences through dialogue and consultations, rejecting acts of violence to achieve political goals, and refraining from provocation and all unilateral actions to undermine the political transition. The members of the Security Council strongly condemned all violence, attempts or threats to use violence to intimidate those participating in United Nations-brokered consultations and emphasized that such action is unacceptable. The members of the Security Council emphasized that the United Nations-brokered inclusive political dialogue must be a Yemeni-led process, with the intention of brokering 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 and relevant Security Council resolutions.

        The members of the Security Council called on all parties to engage in a flexible and constructive manner in the preparation and conduct of the talks to allow Yemen to move towards a sustainable peace.

        Recalling Security Council resolution 2216 (2015), the members of the Security Council underlined the importance of the talks leading to the implementation of concrete measures to prevent any further suffering for the Yemeni people, such as a cessation of violence and unhindered humanitarian access and commercial imports into the country and distribution throughout.

        The members of the Security Council expressed their support and appreciation for the efforts of the Secretary-General’s Special Envoy for Yemen, who will continue to engage with all Yemeni stakeholders to take steps towards a durable ceasefire and a mechanism for the withdrawal of forces, release of political prisoners and the resumption of an inclusive political transition process in accordance with Security Council resolution 2216 (2015). The members of the Council recognized the importance of UN ceasefire monitoring capacity to support the process.

        The members of the Security Council expressed deep concern about the deteriorating humanitarian situation in Yemen, including the food insecurity already facing millions of Yemenis across the country and the increasing risk of famine.

        They welcomed the United Nations revised humanitarian appeal which requested $1.6 billion, but which was currently only around 47 per cent funded. They encouraged the international community to contribute to the appeal. The members of the Security Council urged all parties to take immediate steps to facilitate the urgent delivery of humanitarian assistance and fuel for civilian purposes to all parts of Yemen, as well as measures to ensure rapid, safe and unhindered access for humanitarian actors to reach people in need of humanitarian assistance, including through all of Yemen’s ports, recalling the need for all sides to comply with the relevant provisions of international humanitarian law and respect the United Nations guiding principles of humanitarian assistance. The members of the Security Council called upon all sides to comply with international humanitarian law, including to take all feasible precautions to minimize harm to civilians and civilian objects, and to end the recruitment and use of children in violation of applicable international law, and to urgently work with the United Nations and humanitarian aid organizations to bring assistance to those in need throughout the country. They also stressed the urgent need for commercially-shipped food, medicine, fuel and other vital supplies to enter Yemen through all of Yemen’s ports without further delays as a humanitarian imperative because of the heavy dependence of Yemen and its people on imported food and fuel. 

23 October 2015

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Ban's letter to Hadi of Yemen: New round of talks "based firmly" on 2216

This letter was sent from the UNSG Ban Ki Moon to the Yemeni President Hadi on October 15, diplomats said. 

15 October 2015

Excellency,

I would like to express my sincere gratitude for your assurances of support to the United Nations when we met on the margins of the General Debate on 30 September 2015 in New York and as outlined in your letter of 7 October 2015. I particularly appreciate your determination to reach a peaceful settlement of the conflict in Yemen and your intention to continue working to that end with my Special Envoy, Mr. Ismail Ould Cheikh Ahmed. 

I recall that you have noted the importance of a clear commitment by the Houthis and their allies to the implementation of United Nations Security Council resolution 2216 (2015) before peace talks could commence. My Special Envoy has actively encouraged the Houthis and their allies to provide a clear statement of their acceptance of Security Council resolution 2216 (2015). Indeed, the consultations that the Special Envoy intends to convene are based firmly on Security Council resolution 2216 (2015) and seek agreements based on this and other relevant Security Council resolutions, the Gulf Cooperation Council Initiative and the Outcomes of the Comprehensive National Dialogue Conference. 

I have been assured by the Special Envoy that the Houthis have conveyed their clear acceptance of Security Council resolution 2216 (2015) in their recent discussions with him. Their recent letter addressed to me also confirms this acceptance. 

Based on this commitment, I trust that you will now be in a position to authorize the participation of your Government in a new round of consultations with the Houthis and their allies. To this end, I am requesting my Special Envoy to travel to the region immediately to consult with all parties on the venue and timing of the consultations. 

I sincerely hope that a rapid end to the fighting and the return of the country to a peaceful and orderly transition could be found through this new round of consultations. Only in this way, can we ensure that the growing loss of innocent lives is stopped and Yemenis are no longer subjected to the terrible suffering which they have faced in recent months and years.

The National Dialogue Conference, which Your Excellency presided over in 2013 and 2014, produced a vision for a new Yemen characterized by inclusive governance, respect for human rights and the rule of law. I very much hope that through these consultations, the country will start on its path out of violence and back to this inspiring vision. 

Please accept, Excellency, the assurances of my highest consideration.

BAN Ki-moon

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Resolution 2240 on European operation in the Mediterranean/ Migration

United Kingdom of Great Britain and Northern Ireland: draft resolution

           The Security Council,

           Recalling its press statement of 21 April on the maritime tragedy in the Mediterranean Sea,

           Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

           Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean,

           Reaffirming also the United Nations Convention against Transnational Organized Crime (UNTOC Convention) and its Protocol against the Smuggling of Migrants by Land, Air and Sea, as the primary international legal instruments to combat the smuggling of migrants and related conduct, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UNTOC Convention, as the primary international legal instruments to combat trafficking in persons,

           Underlining that, although the crime of smuggling of migrants may share, in some cases, some common features with the crime of trafficking in persons, Member States need to recognise that they are distinct crimes, as defined by the UNTOC Convention and its Protocols, requiring differing legal, operational, and policy responses,

           Deploring the continuing maritime tragedies in the Mediterranean Sea that have resulted in hundreds of casualties, and noting with concern that such casualties were, in some cases, the result of exploitation and misinformation by transnational criminal organisations which facilitated the illegal smuggling of migrants via dangerous methods for personal gain and with callous disregard for human life,

           Expressing grave concern at the recent proliferation of, and endangerment of lives by, the smuggling of migrants in the Mediterranean Sea, in particular off the coast of Libya and recognizing that among these migrants may be persons who meet the definition of a refugee under the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto,

           Emphasizing in this respect that migrants, including asylum-seekers and regardless of their migration status, should be treated with humanity and dignity and that their rights should be fully respected, and urging all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable, stressing also the obligation of States, where applicable, to protect the human rights of migrants regardless of their migration status, including when implementing their specific migration and border security policies,

           Reaffirming in this respect the need to promote and protect effectively the human rights and fundamental freedoms of all migrants, regardless of their migration status, especially those of women and children, and to address international migration through international, regional or bilateral cooperation and dialogue and through a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit and destination in promoting and protecting the human rights of all migrants, and avoiding approaches that might aggravate their vulnerability,

           Further recalling the International Convention for the Safety of Life at Sea and the International Convention on Maritime Search and Rescue,

           Expressing further concern that the situation in Libya is exacerbated by the smuggling of migrants and human trafficking into, through and from the Libyan territory, which could provide support to other organised crime and terrorist networks in Libya,

           Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,

           Underlining the primary responsibility of the Libyan Government to take appropriate action to prevent the recent proliferation of, and endangerment of lives by, the smuggling of migrants and human trafficking through the territory of Libya and its territorial sea,

           Mindful of the need to support further efforts to strengthen Libyan border management, considering the difficulties of the Libyan Government to manage effectively the migratory flows in transit through Libyan territory, and noting its concern for the repercussions of this phenomenon on the stability of Libya and of the Mediterranean region,

           Welcoming support already provided by the most concerned Member States, including Member States of the European Union (EU), taking into account inter alia the role of FRONTEX and the specific mandate of EUBAM Libya in support of the Libyan Government, and by neighbouring States,

           Acknowledging the European Council statement of 23 April 2015 and the press statement of the African Union Peace and Security Council of 27 April, which underlined the need for effective international action to address both the immediate and long-term aspects of human trafficking towards Europe,

           Taking note of the Decision of the Council of the European Union of 18 May 2015 setting up ‘EUNAVFOR Med’ which underlined the need for effective international action to address both the immediate and long-term aspects of migrant smuggling and human trafficking towards Europe,

           Taking further note of the ongoing discussions between the EU and the Libyan Government on migration related issues,

           Expressing also strong support to the States in the region affected by the smuggling of migrants and human trafficking, and emphasizing the need to step up coordination of efforts in order to strengthen an effective multidimensional response to these common challenges in the spirit of international solidarity and shared responsibility, to tackle their root causes and to prevent people from being exploited by migrant smugglers and human traffickers,

           Acknowledging the need to assist States in the region, upon request, in the development of comprehensive and integrated regional and national strategies, legal frameworks, and institutions to counter terrorism, transnational organised crime, migrant smuggling, and human trafficking, including mechanisms to implement them within the framework of States’ obligations under applicable international law,

           Stressing that addressing both migrant smuggling and human trafficking, including dismantling smuggling and trafficking networks in the region and prosecuting migrant smugglers, and human traffickers requires a coordinated, multidimensional approach with States of origin, of transit, and of destination, and further acknowledging the need to develop effective strategies to deter migrant smuggling and human trafficking in States of origin and transit,

           Emphasizing that migrants should be treated with humanity and dignity and that their rights should be fully respected, and urging all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable,

           Bearing in mind the obligations of States under applicable international law to exercise due diligence to prevent and combat migrant smuggling and human trafficking, to investigate and punish perpetrators, to identify and provide effective assistance to victims of trafficking and migrants and to cooperate to the fullest extent possible to prevent and suppress migrant smuggling and human trafficking,

           Affirming the necessity to put an end to the recent proliferation of, and endangerment of lives by, the smuggling of migrants and trafficking of persons in the Mediterranean Sea off the coast of Libya, and, for these specific purposes, acting under Chapter VII of the Charter of the United Nations,

           1.       Condemns all acts of migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya, which undermine further the process of stabilisation of Libya and endanger the lives of thousands of people;

           2.       Calls on Member States acting nationally or through regional organisations, including the EU, to assist Libya, upon request, in building needed capacity including to secure its borders and to prevent, investigate and prosecute acts of smuggling of migrants and human trafficking through its territory and in its territorial sea; in order to prevent the further proliferation of, and endangerment of lives by, the smuggling of migrants and human trafficking into, through and from the territory of Libya and off its coast;

           3.       Urges Member States and regional organisations, in the spirit of international solidarity and shared responsibility, to cooperate with the Libyan Government, and with each other, including by sharing information about acts of migrant smuggling and human trafficking in Libya’s territorial sea and on the high seas off the coast of Libya, and rendering assistance to migrants and victims of human trafficking recovered at sea, in accordance with international law;

           4.       Urges States and regional organisations whose naval vessels and aircraft operate on the high seas and airspace off the coast of Libya, to be vigilant for acts of migrant smuggling and human trafficking, and in this context, encourages States and regional organisations to increase and coordinate their efforts to deter acts of migrant smuggling and human trafficking, in cooperation with Libya;

           5.       Calls upon Member States acting nationally or through regional organisations that are engaged in the fight against migrant smuggling and human trafficking to inspect, as permitted under international law, on the high seas off the coast of Libya, any unflagged vessels that they have reasonable grounds to believe have been, are being, or imminently will be used by organised criminal enterprises for migrant smuggling or human trafficking from Libya, including inflatable boats, rafts and dinghies;

           6.       Further calls upon such Member States to inspect, with the consent of the flag State, on the high seas off the coast of Libya, vessels that they have reasonable grounds to believe have been, are being, or imminently will be used by organised criminal enterprises for migrant smuggling or human trafficking from Libya;

           7.       Decides, with a view to saving the threatened lives of migrants or of victims of human trafficking on board such vessels as mentioned above, to authorise, in these exceptional and specific circumstances, for a period of one year from the date of the adoption of this resolution, Member States, acting nationally or through regional organisations that are engaged in the fight against migrant smuggling and human trafficking, to inspect on the high seas off the coast of Libya vessels that they have reasonable grounds to suspect are being used for migrant smuggling or human trafficking from Libya, provided that such Member States and regional organisations make good faith efforts to obtain the consent of the vessel’s flag State prior to using the authority outlined in this paragraph;

           8.       Decides to authorise for a period of one year from the date of the adoption of this resolution, Member States acting nationally or through regional organisations to seize vessels inspected under the authority of paragraph 7 that are confirmed as being used for migrant smuggling or human trafficking from Libya, and underscores that further action with regard to such vessels inspected under the authority of paragraph 7, including disposal, will be taken in accordance with applicable international law with due consideration of the interests of any third parties who have acted in good faith;

           9.       Calls upon all flag States involved to cooperate with respect to efforts under paragraphs 7 and 8, and decides that Member States acting nationally or through regional organisations under the authority of those paragraphs shall keep flag States informed of actions taken with respect to their vessels, and calls upon flag States that receive such requests to review and respond to them in a rapid and timely manner;

           10.     Decides to authorise Member States acting nationally or through regional organisations to use all measures commensurate to the specific circumstances in confronting migrant smugglers or human traffickers in carrying out activities under paragraphs 7 and 8 and in full compliance with international human rights law, as applicable, underscores that the authorizations in paragraph 7 and 8 do not apply with respect to vessels entitled to sovereign immunity under international law, and calls upon Member States and regional organisations carrying out activities under paragraphs 7, 8 and this paragraph, to provide for the safety of persons on board as an utmost priority and to avoid causing harm to the marine environment or to the safety of navigation;

           11.     Affirms that the authorisations provided in paragraphs 7 and 8 apply only with respect to the situation of migrant smuggling and human trafficking on the high seas off the coast of Libya and shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations under UNCLOS, including the general principle of exclusive jurisdiction of a flag State over its vessels on the high seas, with respect to any other situation, and further affirms that the authorisation provided in paragraph 10 applies only in confronting migrant smugglers and human traffickers on the high seas off the coast of Libya;

           12.     Underscores that this resolution is intended to disrupt the organised criminal enterprises engaged in migrant smuggling and human trafficking and prevent loss of life and is not intended to undermine the human rights of individuals or prevent them from seeking protection under international human rights law and international refugee law;

           13.     Emphasises that all migrants, including asylum-seekers, should be treated with humanity and dignity and that their rights should be fully respected, and urges all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable;

           14.     Urges Member States and regional organisations acting under the authority of this resolution to have due regard for the livelihoods of those engaged in fishing or other legitimate activities;

           15.     Calls upon all States, with relevant jurisdiction under international law and national legislation, to investigate and prosecute persons responsible for acts of migrant smuggling and human trafficking at sea, consistent with States’ obligations under international law, including international human rights law and international refugee law, as applicable;

           16.     Calls for Member States to consider ratifying or acceding to, and for States Parties to effectively implement the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, and as well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;

           17.     Requests States utilising the authority of this resolution to inform the Security Council within three months of the date of adoption of this resolution and every three months thereafter on the progress of actions undertaken in exercise of the authority provided in paragraphs 7 to 10 above;

           18.     Requests the Secretary-General to report to the Security Council eleven months after the adoption of this resolution on its implementation, in particular with regards to the implementation of paragraphs 7 to 10 above;

           19.     Expresses its intention to review the situation and consider, as appropriate, renewing the authority provided in this resolution for additional periods;

           20.     Decides to remain seized of the matter.

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