Security Council Resolution 2182 (2014) [on Renewal of the Provisions of Para. 2 of Security Council Resolution 2142 (2014) Concerning the Arms Embargo on Somalia and Extension of the Mandate of the African Union Mission in Somalia (Amisom) Until 30 Nov. 2015]

S/RES/2182 (2014)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 84 The situation in Somalia, published in 2014.

What subjects does this mandate have?

9 subjects

Arms Embargo Arms Transfers Charcoal Financial Management Humanitarian Assistance Political Conditions Public Administration Somalia Somalia Situation

What’s in this document?

60 operative paragraphs

Somalia

Eritrea

AMISOM

Somalia and Eritrea Monitoring Group

Arms embargo

Reaffirms the arms embargo on Somalia, imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon in paragraphs 1 and 2 of resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 (2013) and paragraphs 4 to 17 of resolution 2111 (2013), paragraph 14 of resolution 2125 (2013), and paragraph 2 of resolution 2142 (2013) (hereafter referred to as “the arms embargo on Somalia”);

Notes with concern that some deliveries of weapons and military equipment have not been notified to the Committee in accordance with the relevant Security Council resolutions, underlines the fundamental importance of timely and detailed notifications to the Committee as set out in paragraphs 3 to 7 of resolution 2142, notes with concern reports of diversion of arms and ammunition, and encourages supplying Member States to assist the FGS in improving its notifications to the Committee;

Decides to renew the provisions set out in paragraph 2 of resolution 2142 (2014) until 30 October 2015, and in that context reiterates that the arms embargo on Somalia shall not apply to deliveries of weapons, ammunition 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, to provide security for the Somali people, except in relation to deliveries of the items set out in the annex of resolution 2111 (2013);

Welcomes the steps taken by the Federal Government of Somalia to establish effective mechanisms in managing its weapons and military equipment, including the Arms and Ammunition Steering Committee, and notes with regret that these structures are not functioning with the required level of efficiency nor at all levels of government;

Expresses its disappointment that a weapons marking and registration process has not yet commenced, despite the Security Council’s appeal in its Presidential Statement of 22 May 2014 and urges the FGS to implement this process without further delay;

Requests the SNA and AMISOM to document and register all military equipment captured as part of offensive operations or in the course of carrying out their mandates, including recording the type and serial number of the weapon and/or ammunition, photographing all items and relevant markings and facilitating inspection by the SEMG of all military items before their redistribution or destruction;

Reiterates its request to the FGS, with the support of international partners to establish a joint verification team which would conduct routine inspections of government security forces’ stockpiles, inventory records and the supply chain of weapons, and requests that any such group provide its findings to the Committee, for the purposes of mitigating the diversion of arms and ammunition to entities outside of the security services of the FGS;

Reiterates 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;

Urges the FGS to implement fully all its requirements as set out in this and other relevant Security Council resolutions, and requests the FGS to report to the Security Council by 30 March 2015, and then by 30 September 2015 on:

The current structure of the Security Forces of the Federal Government of Somalia;

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;

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;

Takes note of the SEMG’s recommendation that weapons on board vessels engaged in commercial activity in Somali ports are granted an exemption to the arms embargo, expresses its willingness to take such a proposal forward, in close consultation with the FGS, and requests the FGS and SEMG to work together and formulate a proposal which should be communicated to the Security Council by 27 February 2015;

Maritime interdiction of charcoal and arms

Reaffirms the ban on the import and export of Somali charcoal, as set out in paragraph 22 of resolution 2036 (2012) (“the charcoal ban”), and reiterates that the Somali authorities shall take the necessary measures to prevent the export of charcoal from Somalia and reiterates its requests in paragraph 18 of resolution 2111 (2013), that AMISOM support and assist the Somali authorities in doing so, as part of AMISOM’s implementation of its mandate set out in paragraph 1 of resolution 2093;

Condemns the ongoing export of charcoal from Somalia, in violation of the total ban on the export of charcoal from Somalia reaffirmed above;

Urges all Member States, including those contributing AMISOM police and troop contingents, to respect and implement their obligations to prevent the direct or indirect import of charcoal from Somalia, whether or not such charcoal originated in Somalia, as set out in paragraph 22 of resolution 2036 (2002), and affirms this includes taking the necessary measures to prevent the use of their flag vessels for such importing;

Condemns the flow of weapons and military equipment to Al-Shabaab and other armed groups which are not part of the security forces of the Federal Government of Somalia, and expresses serious concern at the destabilizing impact of such weapons;

Authorizes for a period of 12 months from the date of this resolution Member States, acting nationally or through voluntary multinational naval partnerships, such as “Combined Maritime Forces”, in cooperation with the FGS and which the FGS has notified to the Secretary-General and which the Secretary-General has subsequently notified to all Member States, in order to ensure strict implementation of the arms embargo on Somalia and the charcoal ban, to inspect, without undue delay, in Somali territorial waters and on the high seas off the coast of Somalia extending to and including the Arabian sea and Persian Gulf, vessels bound to or from Somalia which they have reasonable grounds to believe are:

Carrying charcoal from Somalia in violation of the charcoal ban;

carrying weapons or military equipment to Somalia, directly or indirectly, in violation of the arms embargo on Somalia;

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carrying weapons or military equipment to individuals or entities designated by the Committee established pursuant to resolution 751 (1992) and 1907 (2009);

Calls upon all Flag States of such vessels to cooperate with such inspections, requests Member States to make good-faith efforts to first seek the consent of the vessel’s Flag State prior to any inspections pursuant to paragraph 15, authorizes Member States conducting inspections pursuant to paragraph 15 to use all necessary measures commensurate with the circumstances to carry out such inspections and in full compliance with international humanitarian law and international human rights law, as may be applicable, and urges Member States conducting such inspections to do so without causing undue delay to or undue interference with the exercise of the right of innocent passage or freedom of navigation;

Authorizes Member States to seize and dispose of (such as through destruction, rendering inoperable or unusable, storage, or transferring to a State other than the originating or destination States for disposal) any items identified in inspections pursuant to paragraph 15, the delivery, import or export of which is prohibited by the arms embargo on Somalia or the charcoal ban, authorizes Member States to collect evidence directly related to the carriage of such items in the course of such inspections, and decides that charcoal seized in accordance with this paragraph may be disposed of through resale which shall be monitored by the SEMG;

Emphasizes the importance of all Member States, including Somalia, taking the necessary measures to ensure that no claim shall lie at the instance of Somalia, or of any person or entity in Somalia, or of persons or entities designated for measures set out in resolutions 1844 (2008), 2002 (2011), or 2093 (2013), or any person claiming through or for the benefit of any such person or entity, in connection with any contract or other transaction where its performance was prevented by reason of the measures imposed by this resolution or previous resolutions;

Requests Member States to dispose of any charcoal, weapons or military equipment seized pursuant to paragraph 17, in an environmentally responsible manner, taking into account the United Nations Environment Programme’s 4 September 2013 letter to the Chair of the Committee, and the Committee’s 7 May 2014 “Implementation Assistance Notice”, calls upon all Member States in the region to cooperate in the disposal of such charcoal, weapons or military equipment, affirms that the authorization provided for in paragraph 15 includes the authority to divert vessels and their crews, to a suitable port to facilitate such disposal, with the consent of the port State, affirms that the authorization in paragraph 15 includes the authority to use all necessary measures to seize items pursuant to paragraph 17 in the course of inspections and decides that any Member State cooperating in the disposal of items identified in inspections pursuant to paragraph 15, the delivery, import or export of which is prohibited by the arms embargo on Somalia or the charcoal ban, shall provide a written report to the Committee no later than 30 days after such items enter its territory on the steps taken to dispose or destroy them;

Decides that any Member State that undertakes an inspection pursuant to paragraph 15, shall promptly notify the Committee and submit a report on the inspection containing all relevant details, including an explanation of the grounds for and the results of the inspection and where possible including the flag of the vessel, the name of the vessel, the name and identifying information of the master of the vessel, the owner of the vessel, and the original seller of the cargo, and efforts made to seek the consent of the vessel’s Flag State, requests the Committee to notify the Flag State of the inspected vessel that an inspection has been undertaken, notes the prerogative of any Member State to write to the Committee concerning the implementation of any aspect of this resolution, and further encourages the SEMG to share relevant information with Member States operating under the authorization set out in this resolution;

Affirms that the authorizations provided in this resolution apply only with respect to the situation in Somalia 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, underscores in particular that this resolution shall not be considered as establishing customary international law, and notes further that such authorizations have been provided only following the receipt of the 8 October 2014 letter conveying the request of the President of the Federal Republic of Somalia;

Decides to review after six months from the date of this resolution, the provisions set out in paragraphs 11 to 21 above;

AMISOM

Decides to authorize the Member States of the African Union to maintain the deployment of AMISOM, as set out in paragraph 1 of resolution 2093 (2013) until 30 November 2015, in line with the Security Council’s request to the African Union for a maximum level of 22,126 troops, which shall be authorized to take all necessary measures, in full compliance with its Member States’ 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 its mandate;

Recalls the benchmarks for the deployment of a United Nations peacekeeping operation as set out in both the African Union Commission Chairperson’s 11 October 2013 letter and the Secretary-General’s subsequent 14 October 2013 letter to the President of the Security Council, requests that the Secretary-General keep these benchmarks under continuous review in close consultation with the AU, and further requests the Secretary-General and African Union to review jointly the impact of the temporary surge authorized in resolution 2124 (2013) and to set out recommendations on next steps in the military campaign by 30 May 2015, taking into due consideration the political situation in Somalia;

Recalls that, in line with the Joint United Nations-African Union Review of AMISOM, the increases in the force strength decided in resolution 2124 (2013) are to provide a short-term enhancement of AMISOM’s military capacity, for a period of 18 to 24 months and as part of an overall exit strategy for AMISOM, after which a decrease in AMISOM’s force strength will be considered;

Reiterates paragraphs 4 and 14 of resolution 2124 (2013) and paragraphs 4 and 5 of resolution 2093 (2013) with regard to the logistical support package for AMISOM;

Requests the Secretary-General to continue to work closely with and provide technical expertise and to the African Union as set out in paragraph 9 of resolution 2124 (2013) in particular by improving the efficiency in planning and strategic management of AMISOM, including strengthening command and control structures and improving the coordination between troop contingents, sectors and joint operations with the SNA;

Welcomes the recent joint AMISOM and SNA offensive operations, which have had a significant impact in reducing territory held by Al-Shabaab, underlines the importance of such operations continuing, further underlines that it is essential that military operations are followed immediately by national efforts to establish or improve governance structures in recovered areas and by the delivery of basic services, including security, and in that regard encourages the timely delivery of Quick Impact Projects in support of FGS stabilization efforts;

Underlines the imperative of securing key supply routes to areas recovered from Al-Shabaab in view of the deteriorating humanitarian situation Somalia, requests AMISOM and the Somali National Army to ensure they give the utmost priority to securing key supply routes essential to improve the humanitarian situation in the most affected areas, and requests the Secretary-General to report, in consultation with the FGS and AMISOM, on progress in this regard in his written reports to the Security Council as set out in paragraph 15 of resolution 2158 (2014);

Strongly urges Member States to provide helicopters to AMISOM for the authorized aviation component of up to 12 military helicopters, provided for in paragraph 6 of resolution 2036 (2012) as well as providing the enablers and force multipliers which were identified as necessary in the 2013 joint United Nations-African Union benchmarking assessment;

Reiterates its request and that of the African Union Peace and Security Council for AMISOM to develop further an effective approach to the protection of civilians, notes with concern that AMISOM has not yet established a Civilian Casualty Tracking, Analysis and Response cell (CCTARC), as requested in resolutions 2093 (2013) and 2124 (2013), and requests the African Union to conclude the deployment of this cell without any further delay;

Looks forward to the results of both the African Union’s investigation and investigations by troop-contributing countries concerning acts of sexual exploitation and abuse allegedly perpetrated by some AMISOM soldiers, underlines the importance of accountability and transparency in this regard, requests the African Union to review and endorse the draft African Union policy on prevention and response to sexual exploitation and abuse, and requests the African Union and the Secretary-General to make public the outcomes of these investigations;

Underlines the need for AMISOM troops to continue to receive appropriate information and predeployment training in relation to human rights principles, including gender equality and sexual violence, and for AMISOM personnel to be properly informed of the accountability mechanisms in place should any abuse be committed;

Encourages AMISOM to strengthen the mechanisms to prevent and respond to sexual violence and sexual exploitation and abuse, such as introducing a centralized database for the efficient and independent receipt, preliminary assessment and tracking of investigations into allegations of sexual and gender-based violence and sexual exploitation and abuse, including through the institution of protective measure for complainants in order to prevent the redeployment of any individual who has been involved in serious violations of international humanitarian and international human rights law, including those related to sexual violence;

Condemns all violations and abuses committed against children by all parties in Somalia, calls for the immediate cessation of such violations and abuses and for those responsible to be held to account, and requests the FGS and AMISOM to protect and treat as victims those children who have been released or otherwise separated from armed forces and armed groups, including through the full implementation of standard operating procedures for the protection and handover of these children;

Reiterates the need for AMISOM to ensure that any detainees in their custody, including disengaged combatants, are treated in strict compliance with applicable obligations under international humanitarian law and human rights law, including ensuring their humane treatment, and further reiterates its request for AMISOM to allow appropriate access to detainees by a neutral body;

Reiterates its call for new 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, calls upon the African Union to consider how to provide sustainable funding for AMISOM, such as through its own assessed costs as it did for the African-led International Support Mission in Mali, and underlines the African Union’s call for its Member States to provide financial support to AMISOM;

Public financial management in Somalia

Expresses its concern that corruption continues to undermine both security in the country and the FGS’ efforts to rebuild Somalia’s institutions, and urges the FGS to fight corruption and tighten financial governance procedures in order to improve transparency and accountability of public financial management, and urges the FGS to ensure that assets recovered from overseas and revenue raised including through the ports are documented transparently and channelled through the national budget;

Underlines the importance of ensuring that international aid is also delivered in a transparent manner and encourages all Member States to use the structures being currently being established between the FGS and donors, particularly on recurrent financing;

Humanitarian situation in Somalia

Expresses serious concern at the deterioration of the humanitarian situation in Somalia, condemns in the strongest terms increased attacks against humanitarian actors and any misuse of donor assistance and the obstruction of the delivery of humanitarian aid, and reiterates paragraph 10 of resolution 2158 (2014) in this regard;

Decides that until 30 October 2015 and without prejudice to humanitarian assistance programmes conducted elsewhere, the measures imposed by paragraph 3 of resolution 1844 (2008) 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, by the United Nations, its specialized agencies or programmes, humanitarian organizations having observer status with the United Nations General Assembly that provide humanitarian assistance, and their implementing partners including bilaterally or multilaterally funded NGOs participating in the United Nations Consolidated Appeal for Somalia;

Requests the Emergency Relief Coordinator to report to the Security Council by 1 October 2015 on the delivery of humanitarian assistance in Somalia and on any impediments to the delivery of humanitarian assistance in Somalia, and requests relevant United Nations agencies and humanitarian organizations having observer status with the United Nations General Assembly and their implementing partners that provide humanitarian assistance in Somalia to increase their cooperation and willingness to share information with the United Nations Humanitarian Aid Coordinator for Somalia in the preparation of such reports and in the interests of increasing transparency and accountability;

The Somalia and Eritrea Monitoring Group

Recalls resolution 1844 (2008) which imposed targeted sanctions and resolutions 2002 (2011) and 2093 (2013) which expanded the listing criteria, and notes one of the listing criteria under resolution 1844 (2008) is engaging in acts that threaten the peace, security and stability of Somalia;

Reiterates its willingness to adopt targeted measures against individuals and entities on the basis of the above mentioned criteria;

Requests Member States to assist the Monitoring Group in their investigations, and reiterates that obstructing the investigations or work of the Monitoring Group is a criterion for listing under paragraph 15 (e) of resolution 1907 (2009);

Decides to extend until 30 November 2015 the mandate of the Somalia and Eritrea Monitoring Group as set out in paragraph 13 of resolution 2060 (2012) and updated in paragraph 41 of resolution 2093 (2013), expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 30 October 2015, and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to re-establish the Monitoring Group, in consultation with the Committee, for a period of 13 months from the date of this resolution, drawing, as appropriate, on the expertise of the members of the Monitoring Group established pursuant to previous resolutions;

Requests the Monitoring Group to submit, for the Security Council’s consideration, through the Committee, two final reports; one focusing on Somalia, the other on Eritrea, covering all the tasks set out in paragraph 13 of resolution 2060 (2012) and updated in paragraph 41 of resolution 2093 (2013), not later than 30 September 2015;

Requests the Committee, in accordance with its mandate and in consultation with the Monitoring Group and other relevant United Nations entities to consider the recommendations in the reports of the Monitoring Group and recommend to the Council ways to improve the implementation of and compliance with the Somalia and Eritrea arms embargoes, the measures regarding the import and export of charcoal from Somalia, as well as implementation of the measures imposed by paragraphs 1, 3 and 7 of resolutions 1844 (2008) and paragraphs 5, 6, 8, 10, 12 and 13 of resolution 1907 (2009) taking into account paragraph 15 above, in response to continuing violations;

Requests the Monitoring Group to report on the implementation of the authorization set out in paragraph 15, as part of its regular reporting to the Committee;

Encourages Member States from East Africa to appoint focal points for the purpose of coordinating and exchanging information with the Monitoring Group on regional investigations into Al-Shabaab;

Underlines the importance of a constructive relationship between the SEMG and the FGS, welcomes efforts made by both so far, and emphasizes the need for this to continue and deepen during the course of this mandate;

Welcomes the SEMG’s ongoing and significant efforts to engage with the Government of Eritrea and the Government of Eritrea’s cooperation with the SEMG, emphasizes that this must continue and strengthen, and reiterates its expectation that the Government of Eritrea will facilitate the entry of the SEMG to Eritrea, as requested in paragraph 31 of resolution 2111 (2013);

Urges Eritrea to make available information pertaining to Djiboutian combatants missing in action since the clashes of 10 to 12 June 2008;

Decides to remain actively seized of the matter.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

Somalia

Eritrea

AMISOM

Somalia and Eritrea Monitoring Group

Arms embargo

Maritime interdiction of charcoal and arms

AMISOM

Public financial management in Somalia

Humanitarian situation in Somalia

The Somalia and Eritrea Monitoring Group

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