Security Council resolution 2023 (2011) [on measures against Eritrea and expansion of the mandate of the Monitoring Group re-established by Security Council resolution 2002 (2011)]
Symbol: S/RES/2023(2011)
Date: 2011-12-05
Status: adopted
Agenda: S/66 [100] AFRICA--REGIONAL SECURITY
S/66 [84] SOMALIA SITUATION
S/66 [207] DJIBOUTI--ERITREA
Subjects: UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009) > Terms of reference|UN. Security Council Committee Established pursuant to Resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|SOMALIA|SOMALIA SITUATION|BOUNDARIES|ERITREA|DJIBOUTI|REGIONAL SECURITY|NORTHEAST AFRICA|SANCTIONS COMPLIANCE|DISAPPEARANCE OF PERSONS|PRISONERS OF WAR|DJIBOUTIANS|ARMS TRANSFERS|TAXATION|ERITREANS|FINANCIAL RESOURCES|MINING INDUSTRY|GUIDELINES|FINANCIAL SERVICES
Votes in favour: 13
Votes against: 0
Abstentions: 2
Voting record:
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: abstention
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GERMANY
vote: yes
country: INDIA
vote: yes
country: LEBANON
vote: yes
country: NIGERIA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                   S/RES/2023 (2011)
               Security Council                                                 Distr.: General
                                                                                5 December 2011




               Resolution 2023 (2011)
               Adopted by the Security Council at its 6674th meeting, on
               5 December 2011

                    The Security Council,
                     Recalling its previous resolutions and statements of its President concerning
               the situation in Somalia and the border dispute between Djibouti and Eritrea, in
               particular its resolutions 751 (1992), 1844 (2008), 1862 (2009), 1907 (2009), 1916
               (2009), 1998 (2011), and 2002 (2011), and its statements of 18 May 2009
               (S/PRST/2009/15), 9 July 2009 (S/PRST/2009/19), 12 June 2008 (S/PRST/2008/20),
                     Reaffirming its respect for the sovereignty, territorial integrity, and political
               independence and unity of Somalia, Djibouti and Eritrea, respectively, as well as
               that of all other States of the region,
                     Reiterating its full support for the Djibouti Peace Process and the Transitional
               Federal Charter which provide the framework for reaching a lasting political
               solution in Somalia, and welcoming the Kampala Accord of 9 June 2011 and the
               roadmap agreed on 6 September 2011,
                    Calling upon all States in the region to peacefully resolve their disputes and
               normalize their relations in order to lay the foundation for durable peace and lasting
               security in the Horn of Africa, and encouraging these States to provide the necessary
               cooperation to the African Union in its efforts to resolve these disputes,
                    Reiterating its grave concern about the border dispute between Eritrea and
               Djibouti and the importance of resolving it, calling upon Eritrea to pursue with
               Djibouti, in good faith, the scrupulous implementation of the 6 June 2010
               Agreement, concluded under the auspices of Qatar, in order to resolve their border
               dispute and consolidate the normalization of their relations, and welcoming the
               mediation efforts of Qatar, the continued engagement of regional actors, the African
               Union, the United Nations,
                    Noting the letter of the Permanent Representative of Djibouti to the United
               Nations of 6 October 2011 (S/2011/617) which informs the Secretary General of the
               escape of two Djiboutian prisoners of war from an Eritrean prison, while noting that
               the Government of Eritrea has to this date denied detaining any Djiboutian prisoners
               of war,




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                     Expressing grave concern at the findings of the Somalia/Eritrea Monitoring
               Group report of 18 July 2011 (S/2011/433), that Eritrea has continued to providing
               political, financial, training and logistical support to armed opposition groups,
               including Al-Shabaab, engaged in undermining peace, security and stability in
               Somalia and the region,
                   Condemning the planned terrorist attack of January 2011 to disrupt the African
               Union summit in Addis Ababa, as expressed by the findings of the Somalia/Eritrea
               Monitoring Group report,
                      Taking note of the Decision of the African Union Assembly of Heads of State
               and Government held in January 2010 and the Communiqué of the AU Peace and
               Security Council held on 8 January 2010, welcoming the adoption, by the United
               Nations (UN) Security Council on 23 December 2009, of resolution 1907 (2009),
               which imposes sanctions on Eritrea, for, among other things, providing political,
               financial, and logistical support to armed groups engaged in undermining peace and
               reconciliation in Somalia and regional stability; stressing the need to pursue
               vigorously the effective implementation of Resolution 1907 (2009), and expressing
               its intention to apply targeted sanctions against individuals and entities if they meet
               the listing criteria set out in paragraph 15 of resolution 1907 (2009) and paragraph 8
               of resolution 1844 (2008),
                     Noting the decision by the 18th Extraordinary Session of the Assembly of the
               Heads of State and Government of the Intergovernmental Authority on Development
               (IGAD), calling on the Security Council to take measures to ensure that Eritrea
               desists from its destabilization activities in the Horn of Africa,
                     Noting the letter from Eritrea (S/2011/652), containing a document responding
               to the report of Somali/Eritrea monitoring group,
                     Strongly condemning any acts by Eritrea that undermine peace, security and
               stability in the region and calling on all Member State to comply fully with the
               terms of the arms embargo imposed by paragraph 5 of resolution 733 (1992), as
               elaborated and amended by subsequent resolutions,
                    Determining that Eritrea’s failure to fully comply with resolutions 1844
               (2008), 1862 (2009), 1907 (2009) and its actions undermining peace and
               reconciliation in Somalia and the Horn of Africa region as well as the dispute
               between Djibouti and Eritrea constitute a threat to international peace and security,
                     Mindful of its primary responsibility under the Charter of the United Nations
               for the maintenance of international peace and security,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.     Condemns the violations by Eritrea of Security Council resolutions 1907
               (2009), 1862 (2009) and 1844 (2008) by providing continued support to armed
               opposition groups, including Al-Shabaab, engaged in undermining peace and
               reconciliation in Somalia and the region;
                    2.    Supports the call by the African Union for Eritrea to resolve its border
               disputes with its neighbours and calls on the parties to peacefully resolve their
               disputes, normalize their relations and to promote durable peace and lasting security
               in the Horn of Africa, and encourages the parties to provide the necessary
               cooperation to the African Union in its efforts to resolve these disputes;



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                3.    Reiterates that all member States, including Eritrea, shall comply fully
           with the terms of the arms embargo imposed by paragraph 5 of resolution 733
           (1992), as elaborated and amended by subsequent resolutions;
                4.   Reiterates that Eritrea shall fully comply with resolution 1907 (2009)
           without any further delay and stresses the obligation of all States to comply with the
           measures imposed by resolution 1907 (2009);
                 5.   Notes Eritrea’s withdrawal of its forces following the stationing of Qatari
           observers in the disputed areas along the border with Djibouti, calls upon Eritrea to
           engage constructively with Djibouti to resolve the border dispute, and reaffirms its
           intention to take further targeted measures against those who obstruct
           implementation of resolution 1862 (2009);
                6.    Demands that Eritrea shall make available information pertaining to
           Djiboutian combatants missing in action since the clashes of 10 to 12 June, 2008 so
           that those concerned may ascertain the presence and condition of Djiboutian
           prisoners of war;
                 7.     Demands Eritrea to cease all direct or indirect efforts to destabilize
           States, including through       financial, military, intelligence and non-military
           assistance, such as the provision of training centres, camps and other similar
           facilities for armed groups, passports, living expenses, or travel facilitation;
                 8.    Calls upon all States, in particular States of the region, in order to ensure
           strict implementation of the arms embargo established by paragraphs 5 and 6 of
           resolution 1907 (2009), to inspect in their territory, including seaports and airports,
           in accordance with the National authorities and legislation and consistent with
           international law, all cargo bound to or from Eritrea, if the State concerned has
           information that provides reasonable grounds to believe that the cargo contains
           items the supply, sale, transfer or export of which is prohibited by paragraphs 5 or 6
           of resolution 1907 (2009), and recalls the obligations contained in paragraphs 8 and
           9 of resolution 1907 (2009) with respect to the discovery of items prohibited by
           paragraphs 5 or 6 of resolution 1907 (2009) and paragraph 5 of resolution 733
           (1992) as elaborated and amended by subsequent resolutions;
                 9.     Expresses its intention to apply targeted sanctions against individuals and
           entities if they meet the listing criteria set out in paragraph 15 of resolution 1907
           (2009) and paragraph 1 of resolution 2002 (2011) and requests the Committee to
           review, as a matter of urgency, listing proposals from Member States;
                 10. Condemns the use of the “Diaspora tax” on Eritrean diaspora by the
           Eritrean Government to destabilize the Horn of Africa region or violate relevant
           resolutions, including 1844 (2008), 1862 (2009) and 1907 (2009), including for
           purposes such as procuring arms and related materiel for transfer to armed
           opposition groups or providing any services or financial transfers provided directly
           or indirectly to such groups, as outlined in the findings of the Somalia/Eritrea
           Monitoring Group in its 18 July 2011 report (S/2011/433), and decides that Eritrea
           shall cease these practices;
                 11. Decides that Eritrea shall cease using extortion, threats of violence, fraud
           and other illicit means to collect taxes outside of Eritrea from its nationals or other
           individuals of Eritrean descent, decides further that States shall undertake
           appropriate measures to hold accountable, consistent with international law, those



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               individuals on their territory who are acting, officially or unofficially, on behalf of
               the Eritrean government or the PFDJ contrary to the prohibitions imposed in this
               paragraph and the laws of the States concerned, and calls upon States to take such
               action as may be appropriate consistent with their domestic law and international
               relevant instruments, including the 1961 Vienna Convention on Diplomatic
               Relations and the 1963 Vienna Convention on Consular Relations, to prevent such
               individuals from facilitating further violations;
                     12. Expresses concern at the potential use of the Eritrean mining sector as a
               financial source to destabilize the Horn of Africa region, as outlined in the Final
               Report of the Monitoring Group (S/2011/433), and calls on Eritrea to show
               transparency in its public finances, including through cooperation with the
               Monitoring Group, in order to demonstrate that the proceeds of these mining
               activities are not being used to violate relevant resolutions, including 1844 (2008),
               1862 (2009), 1907 (2009) and this resolution;
                    13. Decides that States, in order to prevent funds derived from the mining
               sector of Eritrea contributing to violations of resolutions 1844 (2008), 1862 (2009),
               1907 (2009) or this resolution, shall undertake appropriate measures to promote the
               exercise of vigilance by their nationals, persons subject to their jurisdiction and
               firms incorporated in their territory or subject to their jurisdiction that are doing
               business in this sector in Eritrea including through the issuance of due diligence
               guidelines, and requests in this regard the Committee, with the assistance of the
               Monitoring Group, to draft guidelines for the optional use of Member States;
                     14. Urges all States to introduce due diligence guidelines to prevent the
               provision of financial services, including insurance or re-insurance, or the transfer
               to, through, or from their territory, or to or by their nationals or entities organized
               under their laws (including branches abroad), or persons or financial institutions in
               their territory, of any financial or other assets or resources if such services, assets or
               resources, including new investment in the extractives sector, would contribute to
               Eritrea’s violation of relevant resolutions, including 1844 (2008), 1862 (2009), 1907
               (2009) and this resolution;
                     15. Calls upon all States to report to the Security Council within 120 days on
               steps taken to implement the provisions of this resolution;
                     16. Decides to further expand the mandate of the Monitoring Group
               re-established by resolution 2002 (2011) to monitor and report on implementation of
               the measures imposed in this resolution and undertake the tasks outlined below:
                    (a) Assist the Committee in monitoring the implementation of the measures
               imposed in paragraphs 10, 11, 12, 13 and 14 above, including by reporting any
               information on violations;
                    (b) Consider any information relevant to paragraph 6 above that should be
               brought to the attention of the Committee;
                     17. Urges all States, relevant United Nations bodies and other interested
               parties, to cooperate fully with the Committee and the Monitoring Group, including
               by supplying any information at their disposal on the implementation of the
               measures decided in resolution 1844 (2008), resolution 1907 (2009) and this
               resolution, in particular incidents of non-compliance;




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                 18. Affirms that it shall keep Eritrea’s actions under continuous review and
           that it shall be prepared to adjust the measures, including through their
           strengthening, modification or lifting, in light of Eritrea’s compliance with the
           provisions of resolutions 1844 (2008), 1862 (2009), 1907 (2009) and this resolution;
                19. Requests the Secretary-General to report within 180 days on Eritrea’s
           compliance with the provisions of resolutions 1844 (2008), 1862 (2009), 1907
           (2009) and this resolution;
                20.   Decides to remain seized of the matter.




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