Security Council resolution 2317 (2016) [on renewal of the provisions of para. 2 of Security Council resolution 2142 (2014) until 15 Nov. 2017 concerning the arms embargo on Somalia and on extension of the mandate of the Monitoring Group on Somalia and Eritrea until 15 Dec. 2017]
Symbol: S/RES/2317 (2016)
Date: 2016-11-10
Status: adopted
Agenda: S/71 [84] SOMALIA SITUATION
S/71 [151] ERITREA--POLITICAL CONDITIONS
S/ X The situation in Somalia.
Subjects: UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009)|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|INTERNAL SECURITY|SANCTIONS|CHARCOAL|HUMANITARIAN ASSISTANCE|SOMALIA|ERITREA|SOMALIA SITUATION
Votes in favour: 10
Votes against: 0
Abstentions: 5
Voting record:
country: ANGOLA
vote: abstention
country: CHINA
vote: abstention
country: EGYPT
vote: abstention
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: abstention

               United Nations                                                                  S/RES/2317 (2016)
               Security Council                                                Distr.: General
                                                                               10 November 2016




               Resolution 2317 (2016)
               Adopted by the Security Council at its 7807th meeting, on
               10 November 2016

                    The Security Council,
                     Recalling all its previous resolutions and statements of its President on the
               situation in Somalia and Eritrea, in particular resolutions 733 (1992), 1844 (2008),
               1907 (2009), 2036 (2012), 2023 (2011), 2093 (2013), 2111 (2013), 2124 (2013),
               2125 (2013), 2142 (2014), 2182 (2014), and 2244 (2015),
                    Taking note of the final reports of the Somalia and Eritrea Monitoring Gro up
               (the SEMG) on Somalia (S/2016/919) and Eritrea (S/2016/920) and their
               conclusions on the situations in both Somalia and Eritrea,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia, Djibouti and Eritrea respectively,
                     Condemning any flows of weapons and ammunition supplies to and through
               Somalia in violation of the arms embargo on Somalia and to Eritrea in violation of
               the arms embargo on Eritrea, as a serious threat to peace and stability in the region,
                    Expressing concern that Al-Shabaab continues to pose a serious threat to the
               peace and stability of Somalia and the region,
                    Welcoming the further improved relationship between the Federal Government
               of Somalia (FGS), regional administrations, and the SEMG, and underlining the
               importance of these relationships improving further and strengthening in the future,
                     Welcoming the efforts of the FGS to improve its notifications to the Committee
               pursuant to resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea
               (“the Committee”), looking forward to further progress in the future, particularly in
               relation to post-delivery notifications, and recalling that improved arms and
               ammunition management in Somalia is a fundamental component of greater peace
               and stability for the region,
                     Taking note of the preliminary efforts of the FGS to restore key economic and
               financial institutions and progress achieved on financial governance and structural
               reforms; and welcoming the passing of anti-money-laundering legislation and the
               establishment of a Financial Reporting Centre,




16-19782 (E)
*1619782*

S/RES/2317 (2016)


                     Underlining the importance of financial propriety in the run up to, and conduct
               of, elections in Somalia in 2016, and stressing the need for further efforts to fight
               corruption, promote transparency and increase mutual accountability in Somalia,
                     Expressing serious concern at reports of illegal, unreported and unregulated
               fishing in waters where Somalia has jurisdiction, underlining the importance of
               refraining from illegal, unreported and unregulated fishing, welcoming further
               reporting on the matter, and encouraging the FGS, with the support of the
               international community, to ensure that fishing licenses are issued in a responsible
               manner and in line with the appropriate Somali legal framework,
                     Expressing serious concern at the ongoing difficulties in delivering
               humanitarian aid in Somalia, and condemning in the strongest terms any party
               obstructing the delivery of humanitarian assistance, as well as the misappropriation
               or diversion of any humanitarian funds or supplies,
                     Recalling that the FGS has the primary responsibility to protect its population,
               and recognizing the FGS’ responsibility, working with the regional administrations
               to build the capacity of its own national security forces, as a matter of priority,
                    Taking note of the two meetings and six letters between the representative of
               the Government of Eritrea and the SEMG, expressing concern that the SEMG has
               not been able to visit Eritrea since 2011 and fully discharge its mandate, and
               underlining that deepened cooperation will help the Security Council be better
               informed about Eritrea’s compliance with the relevant Security Council resolutions,
                    Taking note that during the course of its current and two previous mandates the
               SEMG has not found any evidence that the Government of Eritrea is supporting
               Al-Shabaab,
                     Expressing concern over reports by the SEMG of ongoing Eritrean support for
               certain regional armed groups, and encouraging the SEMG to provide further
               detailed reporting and evidence on this issue,
                     Expressing serious concern at ongoing reports of Djiboutian combatants
               missing in action since the clashes in 2008, urging Eritrea to share any available
               detailed information pertaining to the combatants, including to the SEMG,
                     Welcoming the release of four prisoners of war by Eritrea in March 2016,
               expressing support for mediation efforts by the State of Qatar and encouraging
               further mediation efforts by the State of Qatar in order to reach a final and binding
               solution to resolve this issue as well as the border dispute between Djibouti and
               Eritrea,
                     Underlining the importance it attaches to all Member States complying with
               the terms of the arms embargo imposed on Eritrea by resolution 1907 (2009),
                    Determining that the situation in Somalia, as well as the dispute between
               Djibouti and Eritrea, continues to constitute a threat to international peace and
               security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,




2/8                                                                                                     16-19782

                                                                                               S/RES/2317 (2016)


           Arms embargo
                 1.   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), paragraph 2 of resolution 2142 (2014), and paragraphs 2 to 10 of
           resolution 2244 (2015) (hereafter referred to as “the arms embargo on Somalia”);
                 2.   Decides to renew the provisions set out in paragraph 2 of resolution 2142
           (2014) until 15 November 2017, 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 Somali National Security Forces, to provide security for the
           Somali people, except in relation to deliveries of the items set out in the annex of
           resolution 2111 (2013);
                 3.   Reaffirms that the entry into Somali ports for temporary visits of vessels
           carrying arms and related materiel for defensive purposes does not amount to a
           delivery of such items in violation of the arms embargo on Somalia, provided that
           such items remain at all times aboard such vessels;
                 4.    Reiterates that weapons or military equipment sold or supplied solely for
           the development of the Somali National Security Forces may not be resold to,
           transferred to, or made available for use by, any individual or entity not in the
           service of the Somali National Security Forces, and underlines the responsibility of
           the FGS to ensure the safe and effective management, storage and security of their
           stockpiles;
                 5.   Welcomes in this regard the commencement, by the FGS, of a more
           rigorous weapons registration, recording and marking procedure, expresses concern
           at reports of continued weapons diversion from within the FGS, notes that further
           improved weapons management is vital in order to prevent the diversion of
           weapons, welcomes the efforts of the FGS to develop detailed Standard Operating
           Procedures for weapons and ammunition management, and urges the FGS to
           finalize and implement these procedures as soon as possible;
                 6.   Further welcomes the efforts of the FGS in establishing the Joint
           Verification Team (JVT) and urges Member States to support improved weapons
           and ammunition management to improve the capacity of the FGS to manage
           weapons and ammunition;
                 7.    Welcomes the improvement in FGS reporting to the Security Council
           pursuant to paragraph 9 of resolution 2182 (2014) and as requested in paragraph 7
           of resolution 2244 (2015), calls on the FGS and regional administrations to
           prioritize a sustainable and comprehensive agreement on the compositio n of the
           Somali Security Forces based on the National Security Policy and requests the FGS
           to report to the Security Council in accordance with paragraph 9 of resolution 2182
           (2014) and as requested in paragraph 7 of resolution 2244 (2015) on the structure,
           composition, strength and disposition of its Security Forces, including the status of
           regional and militia forces by 30 March 2017 and then by 30 September 2017;




16-19782                                                                                                    3/8

S/RES/2317 (2016)


                     8.    Recalls that the FGS has the primary responsibility to notify the
               Committee, pursuant to paragraphs 3 to 8 of resolution 2142 (2014), welcomes the
               efforts of the FGS in improving its notifications to the Committee;
                     9.    Calls upon the FGS to improve the timeliness and content of
               notifications regarding the completion of deliveries, as set out in paragraph 6 of
               resolution 2142 (2014) and the destination unit upon distribution of imported arms
               and ammunition, as set out by paragraph 7 of resolution 2142 (2014);
                     10. Stresses Member States’ obligations pursuant to the notification
               procedures set out in paragraph 11 (a) of resolution 2111 (2013), underlines the
               need for Member States to strictly follow the notification procedures for providing
               assistance to develop Somali security sector institutio ns, and encourages Member
               States to consider the Implementation Assistance Notice of 14 March 2016 as a
               guide;
                     11. Recalls paragraph 2 of resolution 2142 (2014) and notes that support for
               the development of the Somali National Security Forces may include, inter alia,
               building infrastructure and provision of salaries and stipends solely provided to the
               Somali National Security Forces;
                     12. Urges increased cooperation by Africa Union Mission in Somalia
               (AMISOM), as set out in paragraph 6 of resolution 2182 (2014), to document and
               register all military equipment captured as part of offensive operations or in the
               course of carrying out their mandates, involving other Somali National Security
               Forces as appropriate;
                     13. Calls upon the FGS and regional administrations to enhance civilian
               oversight of its Security Forces, to adopt and implement appropriate vetting
               procedures of all defence and security personnel, including human rights vetting, in
               particular through investigation and prosecuting individuals responsible for
               violations of international humanitarian law, and in this context recalls the
               importance of the Secretary-General’s Human Rights and Due Diligence Policy in
               relation to the support provided by the United Nations to the Somali National Army;
                     14. Underlines the importance of timely and predictable payment of salaries
               to the Somali security forces and calls on the FGS to implement systems to improve
               the timeliness and accountability of payments and supply of provisions to the
               Somali security forces;
                    15. Recalls the need to build the capacities of the Somali National Security
               Forces, in particular the provision of equipment, training and mentoring, in order to
               build credible, professional security forces to enable the gradual handing over of
               security responsibilities from AMISOM to the Somali security forces, and
               encourages further donor support in this regard;
                     16. Further reaffirms the arms embargo on Eritrea imposed by paragraphs 5
               and 6 of resolution 1907 (2009) (hereafter referred to as “the arms embargo on
               Eritrea”);

               Threats to peace and security
                    17. Expresses concern at the continued reports of corruption and diversion of
               public resources which pose a risk to State-building efforts, expresses serious




4/8                                                                                                    16-19782

                                                                                                 S/RES/2317 (2016)


           concern at reports of financial impropriety involving members of the FGS, regional
           administrations, Federal Member States and Federal Parliament, which pose a risk
           to State-building efforts, and in this context underlines that individuals engaged in
           acts which threaten the peace and reconciliation process in Somalia may be listed
           for targeted measures;
                 18. Welcomes the efforts which the FGS has made in order to improve its
           financial management procedures including continued engagement between the FGS
           and the International Monetary Fund (IMF), encourages the Somali authorities to
           maintain the pace of reform and continue the implementation of IMF -recommended
           reforms to support the continuation of a Staff Monitored Programme and increased
           transparency, accountability, comprehensiveness and predictability in revenue
           collection and budget allocations, and expresses concern at the generation and
           distribution of counterfeit Somali currency;
                19.   Reaffirms Somalia’s sovereignty over its natural resources;
                 20. Reiterates its serious concern that the petroleum sector in Somalia could
           be a driver for increased conflict, and in that context underlines the vital importance
           of the FGS putting in place, without undue delay, resource -sharing arrangements
           and credible legal framework to ensure that the petroleum sector in Somalia does
           not become a source of increased tension;
                 21. Expresses serious concern at Al-Shabaab’s increasing reliance on
           revenue from natural resources including the taxing of illicit sugar trade,
           agricultural production, and livestock and looks forward to further SEMG reporting
           on this issue;

           Charcoal ban
                 22. Reaffirms the ban on the import and export of Somali charcoal, as set out
           in paragraph 22 of resolution 2036 (2012) (“the charcoal ban”), welcomes the
           decrease in exports of charcoal from Somalia and increased efforts of Member
           States to prevent the import of charcoal of Somali origin, reiterates that the Somali
           authorities shall take the necessary measures to prevent the export of charcoal from
           Somalia, and urges Member States to continue their efforts to ensure full
           implementation of the ban;
                23. Reiterates its requests in paragraph 18 of resolution 2111 (2013), that
           AMISOM support and assist the Somali authorities in implementing the total ban on
           the export of charcoal from Somalia and calls upon AMISOM to facilitate regular
           access for the SEMG to charcoal exporting ports;
                 24. Welcomes the efforts of the Combined Maritime Forces (CMF) in their
           efforts to disrupt the export and import of charcoal to and from Somalia, and further
           welcomes the cooperation between the SEMG and CMF in keeping the Committee
           informed on the charcoal trade;
                 25. Expresses concern that the charcoal trade provides funding for
           Al-Shabaab, and in that context reiterates paragraphs 11 to 21 of resolution 2182
           (2014), and further decides to renew the provisions set out in paragraph 15 of
           resolution 2182 (2014) until 15 November 2017;




16-19782                                                                                                      5/8

S/RES/2317 (2016)


                    26. Encourages the United Nations Office on Drugs and Crime to continue
               its work, within its current mandate, under the Indian Ocean Forum on Maritime
               Crime to bring together relevant Member States and international organizations to
               develop strategies to disrupt the trade in Somali charcoal;

               Humanitarian access
                     27. Expresses serious concern at the acute 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 its demand that all parties allow and facilitate full, safe and
               unhindered access for the timely delivery of aid to persons in need across Somalia
               and encourages the FGS to improve the regulatory environment for aid donors;
                     28. Decides that until 15 November 2017 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 non-governmental organizations participating in the United Nations
               Humanitarian Response Plan for Somalia;
                    29. Requests the Emergency Relief Coordinator to report to the Security
               Council by 15 October 2017 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;

               Eritrea
                     30. Welcomes the SEMG’s ongoing and significant efforts to engage with the
               Government of Eritrea, in that context recalls the two meetings between the
               Representative of the Government of Eritrea and the SEMG, reiterates its
               expectation that the Government of Eritrea will facilitate the entry of the SEMG to
               Eritrea, to discharge fully its mandate, in line with its repeated requests, including in
               paragraph 52 of resolution 2182 (2014); and underlines that deepened cooperation
               will help the Security Council be better informed about Eritrea’s compliance with
               the relevant Security Council resolutions;
                     31. Urges the Government of Eritrea to facilitate a visit of the SEMG to
               Eritrea, and thereafter to support regular visits to Eritrea by the SEMG;
                    32. Calls on Eritrea to cooperate fully with the SEMG, in accordance with
               the SEMG’s mandate contained in paragraph 13 of resolution 2060 (2012) and
               updated in paragraph 41 of resolution 2093 (2013);
                   33. Stresses its demand that the Government of Eritrea allow access and
               make available any detailed information, including to the SEMG, pertaining to the




6/8                                                                                                        16-19782

                                                                                                 S/RES/2317 (2016)


           Djiboutian combatants missing in action since the clashes of 2008 so that those
           concerned may ascertain the presence and conditions of any remaining Djiboutian
           prisoners of war;
                34. Expresses its intention to review measures on Eritrea in light of the
           upcoming midterm update by the SEMG due by 30 April 2017, and taking into
           account relevant Security Council resolutions;

           Somalia
                 35. 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 or stability of Somalia;
                36. Reiterates its willingness to adopt targeted measures against individuals
           and entities on the basis of the above-mentioned criteria;
                 37. Reiterates its request for Member States to assist the SEMG in their
           investigations, reiterates that obstructing the investigations or work of the SEMG is
           a criterion for listing under paragraph 15 (e) of resolution 1907 (2009) and further
           requests the FGS, regional authorities and AMISOM to share information wit h the
           SEMG regarding Al-Shabaab activities;
                 38. Decides to extend until 15 December 2017 the mandate of the Somalia
           and Eritrea SEMG as set out in paragraph 13 of resolution 2060 (2012) and updated
           in paragraph 41 of resolution 2093 (2013), and expresses its intention to review the
           mandate and take appropriate action regarding the further extension no later than
           15 November 2017;
                 39. Requests the Secretary-General to take the necessary administrative
           measures as expeditiously as possible to re-establish the SEMG, in consultation
           with the Committee, until 15 December 2017, drawing, as appropriate, on the
           expertise of the members of the SEMG established pur suant to previous resolutions,
           and further requests that administrative support to the SEMG be adjusted, within
           existing resources, to facilitate the delivery of their mandate;
                 40. Requests the SEMG to provide monthly updates to the Committee, and a
           comprehensive midterm update, as well as to submit, for the Security Council’s
           consideration, through the Committee, two final reports; one focusing on Somalia,
           the other on Eritrea by 15 October 2017, covering all the tasks set out in paragraph 13
           of resolution 2060 (2012) and updated in paragraph 41 of resolution 2093 (2013)
           and paragraph 15 of resolution 2182 (2014);
                 41. Requests the Committee, in accordance with its mandate and in
           consultation with the SEMG and other relevant United Nations entities to consider
           the recommendations contained in the reports of the SEMG and recommend to the
           Security 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) in response to continuing violations;




16-19782                                                                                                      7/8

S/RES/2317 (2016)


                     42. Requests the Committee to consider, where and when appropriate, visits
               to selected countries by the Chair and/or Committee members to enhance the full
               and effective implementation of the measures above, with a view to encouraging
               States to comply fully with this resolution;
                    43.   Decides to remain seized of the matter.




8/8                                                                                               16-19782