Security Council resolution 1425 (2002) [on establishment of a Panel of Experts to implement fully and strengthen the enforcement of the arms embargo in Somalia]
Symbol: S/RES/1425(2002)
Date: 2002-07-22
Status: adopted
Agenda: S/57 [84] SOMALIA SITUATION
Subjects: UN. Panel of Experts Established pursuant to Security Council Resolution 1425 (2002)|Somalia. Transitional National Government|UN Trust Fund for Peace-building in Somalia|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|SOMALIA|SOMALIA SITUATION|GROUPS OF EXPERTS|SANCTIONS COMPLIANCE|INFORMATION EXCHANGE|REPORT PREPARATION|PERIODIC REPORTS|BUDGET CONTRIBUTIONS|TRUST FUNDS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BULGARIA
vote: yes
country: CAMEROON
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GUINEA
vote: yes
country: IRELAND
vote: yes
country: MAURITIUS
vote: yes
country: MEXICO
vote: yes
country: NORWAY
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SINGAPORE
vote: yes
country: SYRIAN ARAB REPUBLIC
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1425 (2002)
               Security Council                                                 Distr.: General

                                                                                22 July 2002




               Resolution 1425 (2002)
               Adopted by the Security Council at its 4580th meeting, on
               22 July 2002

                    The Security Council,
                     Reaffirming its previous resolutions concerning the situation in Somalia, in
               particular on the weapon and military equipment embargo established by paragraph
               5 of resolution 733 (1992) of 23 January 1992 (hereinafter referred to as the “arms
               embargo”), resolution 1407 (2002) of 3 May 2002, and the statement of its President
               of 28 March 2002 (S/PRST/2002/8),
                     Noting with serious concern the continued flow of weapons and ammunition
               supplies to and through Somalia from sources outside the country, in contravention
               of the arms embargo, which is severely undermining peace and security and the
               political efforts for national reconciliation in Somalia,
                     Reiterating its call on all States and other actors to comply scrupulously with
               the arms embargo, and its insistence that all States, in particular those of the region,
               should not interfere in the internal affairs of Somalia. Such interference only further
               destabilizes Somalia, contributes to a climate of fear and impacts adversely on
               human rights, and could jeopardize the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                    Underlining the role of the Intergovernmental Authority of Development
               (IGAD), in particular the frontline States (Djibouti, Ethiopia and Kenya), in
               bringing lasting peace to Somalia, and expressing its support and expectation that
               the planned National Reconciliation Conference for Somalia to be held in Nairobi
               will move forward as a matter of urgency and with the pragmatic and result-oriented
               involvement of the frontline States,
                     Welcoming the report of the Secretary-General of 27 June 2002 (S/2002/709)
               and the report of the expert team appointed by the Secretary-General (S/2002/722),
               detailing the resources and expertise required for a Panel of Experts to generate
               independent information on the violations and for improving the enforcement of the
               arms embargo, in accordance with resolution 1407 (2002),
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.    Stresses that the arms embargo on Somalia prohibits financing of all
               acquisitions and deliveries of weapons and military equipment;


02-48879 (E)
*0248879*

S/RES/1425 (2002)


                     2.   Decides that the arms embargo prohibits the direct or indirect supply to
               Somalia of technical advice, financial and other assistance, and training related to
               military activities;
                     3.   Requests the Secretary-General to establish, within one month from the
               date of adoption of this resolution, in consultation with the committee established by
               resolution 751 (1992) of 24 April 1992 (hereinafter referred to as “the Committee”),
               a Panel of Experts consisting of three members to be based in Nairobi for a period of
               six months, in order to generate independent information on violations of the arms
               embargo and as a step towards giving effect to and strengthening the embargo, with
               the following mandate:
                    – investigating the violations of the embargo covering access to Somalia by land,
                      air and sea, in particular by pursuing any sources that might reveal information
                      related to violations, including relevant States, intergovernmental
                      organizations and international law enforcement cooperation bodies, nongovernmental organizations, financial institutions and intermediaries, other
                      brokering agencies, civil aviation companies and authorities, members of the
                      Transitional National Government, local authorities, political and traditional
                      leaders, civil society and the business community;
                    – detailing information in relevant areas of expertise related to violations and
                      measures to give effect to and strengthen the arms embargo in its various
                      aspects;
                    – carrying out field based research, where possible, in Somalia, States
                      neighbouring Somalia and other States, as appropriate;
                    – assessing the capacity of States in the region to implement fully the arms
                      embargo, including through a review of national customs and border control
                      regimes;
                    – providing recommendations on possible practical steps and measures for
                      giving effect to and strengthening the arms embargo;
                    4.    Further requests the Secretary-General to ensure that the Panel of
               Experts comprises, and have access to, sufficient expertise in the areas of armament
               and financing thereof, civil aviation, maritime transport, and regional affairs,
               including specialized knowledge of Somalia, in accordance with the resource
               requirements, administrative and financial arrangements outlined in the report of the
               expert team pursuant to resolution 1407 (2002);
                     5.    Requests the Panel of Experts in its work in accordance with its mandate
               to take fully into account the recommendations provided in the report of the experts
               team pursuant to resolution 1407 (2002), including regarding cooperative
               arrangements, methodology and issues related to the strengthening of the arms
               embargo;
                     6.    Requests all States and the Transitional National Government and local
               authorities in Somalia to cooperate fully with the Panel of Experts in its quest for
               information in accordance with this resolution, including by facilitating visits to
               sites and actors and by providing full access to government officials and records, as
               required by the Panel of Experts;




2

                                                                                    S/RES/1425 (2002)


     7.  Calls again upon all States, in particular those in the region, to provide
the Committee with all available information on violations of the arms embargo;
      8.   Urges all other individuals and entities contacted by the Panel of Experts
to cooperate fully by providing relevant information and facilitating its
investigations, including political and traditional leaders, members of the civil
society and the business community, financial institutions and intermediaries, other
brokering agencies, civil aviation companies and authorities, non-governmental
organizations, intergovernmental organizations and international law enforcement
cooperation bodies;
      9.   Requests the Panel of Experts to notify the Security Council immediately,
through the Committee, of any lack of cooperation by the States, authorities,
individuals and entities referred to in paragraphs 6 and 8 above;
     10. Further requests the Panel of Experts to brief the Chairman of the
Committee to inform his mission to the region, scheduled for October 2002, and to
provide an oral briefing to the Council, through the Committee, in November 2002;
     11. Requests the Panel of Experts to submit a final report at the end of its
mandated period to the Security Council, through the Committee, for its
consideration;
     12. Requests the Chairman of the Committee to forward the report of the
Panel of Experts, within two weeks of its reception, to the Security Council for its
consideration;
      13. Expresses its determination to consider the report of the Panel of Experts
and any relevant proposals for follow-up action and recommendations on possible
practical steps for strengthening the arms embargo;
     14. Requests the Secretary-General, in his next report due on 31 October
2002, to include updates on:
   – the activities undertaken to coordinate ongoing peace-building initiatives and
     to provide for their incremental expansion, and on the preparatory activities
     undertaken on the ground in preparation for a comprehensive peace-building
     mission once security conditions permit, in accordance with the statement of
     its President of 28 March 2002;
   – the technical assistance and cooperation provided to enhance the
     administrative and judicial capacities throughout Somalia to contribute to the
     monitoring of and giving full effect to the arms embargo, in accordance with
     the statement of its President of 28 March 2002 and resolution 1407 (2002);
   – the reporting by States to the Committee on measures they have in place to
     ensure the full and effective implementation of the arms embargo, in
     accordance with resolution 1407 (2002);
      15. Further requests the Secretary-General to invite Member States to make
contributions to the United Nations Trust Fund for Peace-Building in Somalia,
acknowledging any pledges already made, and to ensure proper coordination among
the involved United Nations agencies in implementing the tasks to be carried out in
accordance with the statement of its President of 28 March 2002;




                                                                                                   3

S/RES/1425 (2002)


                    16. Calls on Member States to come forward with contributions to the United
               Nations activities in support of Somalia, including the Consolidated Inter-Agency
               Appeal for 2002;
                    17.   Decides to remain actively seized of the matter.




4