Addressing Somalia and its Arms Embargo - S/RES/2002 (2011)

S/RES/2002 addresses questions related to the arms embargo that is established in Somalia and Eritrea and the terms of cooperation that are to be set among the institutions that act on the issues. The core of the resolution deals with the mandate of the Monitoring Group  that ought to work for the implementation of the resolution and its arms embargo, there is also an expansion of the individuals and entities that might be included in the the embargo. There is the usual concerns on the different protections for minorities and evocations of the different resolutions that aim to defend them.



Preamble

The resolution initiates by reaffirming the Council’s previous resolutions and Presidential statements regarding the situation in Somalia and Eritrea specially related to the arms embargo and the delivery of weapons and military equipment to Somalia. It also recalls that the arms embargo should not apply to weapons for training, supplies and technical assistance by the States for the purpose of developing developing the security sector institutions and it also recalls the resolutions related to the protection of children, women and civilians in situations of armed conflicts. There is also a reaffirmation of its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, Djibouti and Eritrea and also reaffirms the Djiboutii Peace Agreement as representing the basis for resolution of the conflict in Somalia.

The document takes note of the report of the Monitoring Group from July 2011 and condemns the flows of weapons and ammunition supplies to and through Somalia and Eritrea in violations of the Somalia and Eritrea arms embargoes. It also calls upon all Member States to refrain from any action in contravention of the arms embargoes and reaffirms the importance of enhancing the monitoring of the embargoes and it also expresses concern at the acts of intimidation against the Monitoring group. It also reiterates serious concerns on the worsening humanitarian situation and all acts of violence, abuses and violations committed against civilians. It also reaffirms the need of the federal Somali institutions and donors to be mutually accountable and transparent in the allocation of financial resources and to end the misappropriation of financial funds. It also determines that the situation is still a threat to international peace and security and it acts under Chapter VII of the Charter.

Operative Clause

The resolution decides that the measures determined for the arms embargo shall also apply to five different actions, such as engaging in or providing support for acts that threaten the peace, security or stability of Somalia; having acted in violation of the general and complete arms embargo; obstructing the delivery of humanitarian assistance; being political or military leader recruiting children; and being responsible for violations of applicable international law. It also considers that the misappropriation of financial resources can be a criteria to be included under the measures of sanctions and arms embargo. It further considers that all non-local commerce via Al-Shabaab controlled ports that constitutes financial support for them might serve as criteria for being under sanctions. There is a clause that calls upon consideration for the banning of all trade by large merchant vessels with Al-Shabaab controlled ports.

The resolution still demands that all parties ensure full, safe and unhindered access for the timely delivery of humanitarian aid and expresses the possibility of applying targeted sanctions on them. The document also decides to extend the mandate of the Monitoring Group for a period of 12 months, with a mandate that is discussed in the resolution. The mandate includes assisting the Committee in monitoring the implementation of the measures; assist in compiling the narrative summaries; investigate seaport operations that may generate revenue for Al-Shabaab; continue the tasks outlined beforehand; investigate activities related to generating revenues to commit violations of the arms embargoes; investigate any means of transport used in connection with embargoes violations; refining and updating information on the draft list; compile the draft list; continue making recommendations on the reports of the Panel of Experts; work closely with the Committee on specific recommendations; assist in identifying areas where the capacities of the States can be increased; provide midterm briefing within six months and progress report on a monthly basis; and submit two final reports, one on Somalia and one on Eritrea.

The resolution further requests the Secretary-General to make the necessary financial arrangements to support the work of the Monitoring Group and requests it to consider the recommendations in the reports of the Group. It also decides that for a year the measures of the resolution shall not apply to the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia. It also urges all parties and all States to ensure cooperation with the Monitoring Group and it also decides to remain seized of the matter.