Security Council resolution 2385 (2017) [on renewal of the provisions of para. 2 of Security Council resolution 2142 (2014) until 15 Nov. 2018 concerning the arms embargo on Somalia and on extension of the mandate of the Monitoring Group on Somalia and Eritrea until 15 Dec. 2018]
Symbol: S/RES/2385 (2017)
Date: 2017-11-14
Status: adopted
Agenda: S/72 [84] SOMALIA SITUATION
S/72 [151] ERITREA--POLITICAL CONDITIONS
Subjects: UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009)|Al-Shabaab (Organization)|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|INTERNAL SECURITY|SANCTIONS|CHARCOAL|HUMANITARIAN ASSISTANCE|SOMALIA|ERITREA|SOMALIA SITUATION
Votes in favour: 11
Votes against: 0
Abstentions: 4
Voting record:
country: BOLIVIA (PLURINATIONAL STATE OF)
vote: abstention
country: CHINA
vote: abstention
country: EGYPT
vote: abstention
country: ETHIOPIA
vote: yes
country: FRANCE
vote: yes
country: ITALY
vote: yes
country: JAPAN
vote: yes
country: KAZAKHSTAN
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SENEGAL
vote: yes
country: SWEDEN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes

               United Nations                                                                   S/RES/2385 (2017)
               Security Council                                                 Distr.: General
                                                                                14 November 2017




               Resolution 2385 (2017)
               Adopted by the Security Council at its 8099th meeting, on
               14 November 2017

                    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), 2244 (2015) and 2317 (2016),
                    Taking note of the final reports of the Somalia and Eritrea Monitoring Group
               (the SEMG) on Somalia (S/2017/924) and Eritrea (S/2017/925) 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, and
               underscoring the importance of working to prevent destabilizing effects of regional
               crises and disputes from spilling over into Somalia,
                     Condemning any flows of weapons and ammunition supplies to and through
               Somalia in violation of the arms embargo on Somalia, including when they
               undermine the sovereignty and territorial integrity of 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, and expressing concern at the
               emergence of, and growing threat of, affiliates of ISIL (also known as Da’esh),
                     Reaffirming the need to combat by all means, in accordance with the Charter
               of the United Nations and international law, including applicable international
               human rights law, international refugee law, and international humanitarian law,
               threats to international peace and security caused by terrorist acts,
                     Welcoming the further improved relationship between the Federal Government
               of Somalia (FGS), Federal Member States (FMS), and the SEMG, and underlining
               the importance of these relationships improving further and strengthening in the
               future,
                    Welcoming the FGS and FMS’s political agreement reached on 16 April 2017
               on a National Security Architecture to integrate regional and federal forces, the




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               Security Pact, agreed at the London Conference and looking forward to the Security
               Conference to be held in Mogadishu in December 2017,
                     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”), urging 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 efforts of the FGS to restore key economic and financial
               institutions, increase domestic revenue and implement financial governance and
               structural reforms; welcoming the passing of a landmark telecommunications bill
               together with progress on the anti-corruption bill; and highlighting the importance
               of continual progress in these areas,
                    Underlining the importance of financial propriety in contributing to stability
               and prosperity and stressing the need for a zero tolerance approach to corruption to
               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 FMS to build the capacity
               of its own national security forces, as a matter of priority,
                     Taking note of the three meetings 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 fully assess
               Eritrea’s compliance with the relevant Security Council resolutions,
                     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 support for armed groups in the region,
                     Welcoming the release of four prisoners of war by Eritrea in March 2016,
               expressing concern at ongoing reports of Djiboutian combatants missing in act ion
               since the clashes in 2008, calling on Eritrea and Djibouti to continue to engage in
               resolving the issues of combatants, and urging Eritrea to share any further available
               detailed information pertaining to the combatants, including to the SEMG,
                     Welcoming the restraint shown by both Eritrea and Djibouti with regard to the
               situation on their shared border following the withdrawal of Qatari forces, recalling
               the African Union’s deployment of a fact finding mission to the Djibouti border
               following the withdrawal of Qatari forces, noting that the fact-finding mission
               visited Djibouti and is yet to visit Asmara, and welcoming the call by the Assembly
               of the African Union in July 2017 to encourage the Chairperson of the Commission,
               with the necessary support of the two countries, to pursue efforts towards
               normalization of relations and good neighbourhood between Djibouti and Eritrea,

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                 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,

           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 paragraph 2 of resolution
           2244 (2015), and paragraph 2 of resolution 2317 (2016) (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 2018, 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 initial improvements 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 and FMS,
           encourages further improvements, notes that further improved weapons
           management is vital in order to prevent the diversion of weapons, and reiterates that
           the Security Council is committed to monitoring and assessing improvements in
           order to review the arms embargo when all conditions as set out in Security Council
           resolutions are met;
                6.   Welcomes the efforts of the FGS to develop detailed Standard Operating
           Procedures for weapons and ammunition management including an issue and receipt
           system to track all weapons post distribution, and urges the FGS to finalize and
           implement these procedures as soon as possible;
                 7.   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;
                8.    Welcomes the improvement in FGS reporting to the Security Council
           pursuant to paragraph 9 of resolution 2182 (2014) and as requested in paragraph 7

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               of resolution 2244 (2015), calls on the FGS and FMS to implement the National
               Security Architecture, and the Security Pact, agreed at the London Conference on
               Somalia which set out to provide Somali-led security and protection to the people of
               Somalia, 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 2018 and
               then by 30 September 2018;
                     9.    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;
                     10. 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);
                     11. 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 institutions, and encourages Member
               States to consider the Implementation Assistance Notice of 14 March 2016 as a
               guide;
                     12. 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;
                     13. 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;
                     14. Calls upon the FGS and FMS 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 viol ations of
               international law, including 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;
                     15. Requests the SEMG to continue its investigations related to the export to
               Somalia of chemicals that may be used as oxidisers in the manufacture of
               improvised explosive devices, such as the precursors ammonium nitrate, potassium
               chlorate, potassium nitrate and sodium chlorate with a view to considering further
               action, and calls on Members States and the FGS to cooperate with the SEMG in
               this regard;
                     16. 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;
                    17. 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


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           develop credible, professional and representative security forces to enable the
           gradual handing over of security responsibilities from AMISOM to the Somali
           security forces, and encourages further donor support and coordination as set out in
           the Security Pact;
                18. Recalls OP16 and OP17 of resolution 1907 (2009) and recognizes that
           during the course of its current and three previous mandates the SEMG has not
           found conclusive evidence that Eritrea supports Al -Shabaab;
                 19. 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
                20. Expresses concern at the continued reports of corruption and diversion of
           public resources which pose a risk to State-building efforts, expresses serious
           concern at reports of financial impropriety involving members of the FGS, FMS 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;
                 21. 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 FGS and FMS 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;
                 22. Recognizes that addressing outstanding constitutional issues around
           power and resource sharing between the FGS and FMS is crucial for Soma lia’s
           stability, emphasizes the importance of Somali leadership to address these issues in
           an inclusive manner, with the FGS and the FMS working constructively together,
           and encourages the FGS and FMS to implement the outstanding elements of the
           National Security Architecture agreement, including decisions around the make -up,
           distribution and command and control of the security forces and resource -sharing;
                23.   Reaffirms Somalia’s sovereignty over its natural resources;
                 24. 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;
                25. 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 further expresses its concern at the group’s
           involvement in the illicit charcoal trade, and looks forward to further SEMG
           reporting on this issue;

           Charcoal ban
                 26. Reaffirms the ban on the import and export of Somali charcoal, as set ou t
           in paragraph 22 of resolution 2036 (2012) (“the charcoal ban”), welcomes efforts of
           Member States to prevent the import of charcoal of Somali origin, reiterates that the
           FGS and FMS shall take the necessary measures to prevent the export of charcoal

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               from Somalia, and urges Member States to continue their efforts to ensure full
               implementation of the ban;
                    27. Reiterates its requests in paragraph 18 of resolution 2111 (2013), that
               AMISOM support and assist the FGS and FMS 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;
                     28. 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;
                     29. Expresses concern that the charcoal trade provides significant 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 2018;
                    30. Condemns the ongoing export of charcoal from Somalia, in violation of
               the total ban on the export of charcoal, calls on Members States to share
               information with the SEMG, requests the SEMG to focus on this in their next
               report, and propose further measures, taking account of human rights concerns, and
               expresses its intention to consider further measures if violations co ntinue;
                    31. Encourages the United Nations Office on Drugs and Crime to continue
               its work, with the FGS, 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
                     32. Expresses serious concern at the acute humanitarian situation in Somalia
               and the risk of famine, welcomes efforts by the United Nations, the international
               community and the FGS to avert famine, 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, 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;
                     33. Decides that until 15 November 2018 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;
                    34. Requests the Emergency Relief Coordinator to report to the Security
               Council by 15 October 2018 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;


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           Eritrea
                 35. Welcomes the SEMG’s ongoing and significant efforts to engage with the
           Government of Eritrea, in that context recalls the three 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);
                 36. Welcomes recent efforts by the Government of Eritrea to engage with the
           international community, underlines that deepened cooperation will help the
           Security Council be better informed about Eritrea’s compliance wit h the relevant
           Security Council resolutions and enable a review of measures on Eritrea;
                 37. Urges the Government of Eritrea to facilitate visits by the SEMG to
           Eritrea, acknowledges the willingness as expressed by the Government of Eritrea to
           facilitate a visit by the Chair and urges the Government to agree a date as soon as
           possible;
                38. 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);
                 39. Urges Eritrea and Djibouti to engage on the issue of the Djiboutian
           combatants missing in action and urges Eritrea to make available any further
           detailed information including to the SEMG;
                 40. Urges the two parties to continue to maintain an atmosphere of calm and
           restraint and calls on them to seek all available solutions to settle their border
           dispute peacefully in a manner consistent with international law;
                 41. Expresses its intention to keep under regular review measures on Eritrea,
           in light of the upcoming midterm update by the SEMG due by 30 April 2018, taking
           into account relevant Security Council resolutions, and paragraphs 35 to 40 above;

           Somalia
                 42. 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 or
           providing support for acts that threaten the peace, security or stability of Somalia;
                43. Reiterates its willingness to adopt targeted measures against individuals
           and entities on the basis of the above-mentioned criteria;
                 44. Recalls paragraph 2 (c) of resolution 2060 (2012) and emphasizes that
           certain misappropriation of financial resources is a criterion for designation and
           applies to misappropriation at all levels;
                 45. 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, FMS and AMISOM to share information with the SEMG
           regarding Al-Shabaab activities;
                 46. Decides to extend until 15 December 2018 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 2018;


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                     47. 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 2018, drawing, as appropriate, on the
               expertise of the members of the SEMG established pursuant to previous resolutions,
               and further requests that administrative support to the SEMG be adjusted, within
               existing resources, to facilitate the delivery of their mandate;
                     48. 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 2018, 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);
                     49. 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;
                     50. 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;
                    51.   Decides to remain seized of the matter.




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