Security Council resolution 2002 (2011) [on re-establishment of the UN Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) on arms embargo against Somalia for a period of 12 months]
Symbol: S/RES/2002(2011)
Date: 2011-07-29
Status: adopted
Agenda: S/66 [84] SOMALIA SITUATION
S/66 [151] ERITREA--POLITICAL CONDITIONS
S/66 [100] AFRICA--REGIONAL SECURITY
Subjects: UN. Security Council Committee Established pursuant to Resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea|Somalia. Transitional Federal Government|Somalia. Transitional Federal Institutions|African Union Mission in Somalia|UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009)|Agreement between the Transitional Federal Government of Somalia (TFG) and the Alliance for the Re-liberation of Somalia (ARS) (2008)|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|ARMS EMBARGO|SOMALIA|SOMALIA SITUATION|ERITREA|SANCTIONS COMPLIANCE|TRAVEL RESTRICTIONS|FROZEN ASSETS|ARMS TRANSFERS|HUMAN RIGHTS IN ARMED CONFLICTS|FREEDOM OF MOVEMENT|GENDER-BASED VIOLENCE|CHILD SOLDIERS|COORDINATION WITHIN UN SYSTEM|INTERNATIONAL COOPERATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
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: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/2002 (2011)
               Security Council                                                 Distr.: General
                                                                                29 July 2011




               Resolution 2002 (2011)
               Adopted by the Security Council at its 6596th meeting, on
               29 July 2011

                    The Security Council,
                     Reaffirming its previous resolutions and the statements of its President
               concerning the situation in Somalia, and concerning Eritrea, in particular resolution
               733 (1992), which established an embargo on all delivery of weapons and military
               equipment to Somalia (hereinafter referred to as the “Somalia arms embargo”),
               resolution 1519 (2003), resolution 1558 (2004), resolution 1587 (2005), resolution
               1630 (2005), resolution 1676 (2006), resolution 1724 (2006), resolution 1744
               (2007), resolution 1766 (2007), resolution 1772 (2007), resolution 1801 (2008),
               resolution 1811 (2008), resolution 1844 (2008), resolution 1853 (2008), resolution
               1862 (2009,) resolution 1907 (2009), resolution 1916 (2010), and resolution 1972
               (2011),
                     Recalling that, as set out in its resolutions 1744 (2007) and 1772 (2007), the
               arms embargo on Somalia does not apply to (a) weapons and military equipment,
               technical training and assistance intended solely for support of or use by the African
               Union Mission in Somalia (AMISOM), and (b) supplies and technical assistance by
               States intended solely for the purpose of helping develop security sector institutions,
               consistent with the political process set out in those resolutions and in the absence
               of a negative decision by the Committee established pursuant to resolution 751
               (1992), the mandate of which was expanded pursuant to resolution 1907 (2009)
               (hereinafter referred to as “the Committee”), within five working days of receiving
               an advance notification of such supplies or assistance on a case-by-case basis,
                     Recalling its resolutions 1612 (2005), 1882 (2009) and 1998 (2011) on
               children and armed conflict, resolutions 1325 (2000), 1820 (2008), 1888 (2009),
               1889 (2009) and 1960 (2010) on women, peace and security, and resolutions 1265
               (1999), 1296 (2000), 1325 (2000), 1612 (2005), 1674 (2006), 1738 (2006), 1820
               (2008), 1882 (2009), 1888 (2009) and 1889 (2009) on the protection of civilians in
               armed conflicts,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia, Djibouti and Eritrea respectively,
                    Reaffirming that the Djibouti Peace Agreement and the Peace Process
               represent the basis for a resolution of the conflict in Somalia, and reiterating its


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               commitment to a comprehensive and lasting settlement of the situation in Somalia
               based on the Transitional Federal Charter (TFC), and reiterating the urgent need for
               all Somali leaders to take tangible steps to continue political dialogue,
                    Taking note of the report of the Monitoring Group dated 18 July 2011
               (S/2011/433) submitted pursuant to paragraph 6 (k) of resolution 1916 (2010) and
               the observations and recommendations contained therein,
                    Condemning flows of weapons and ammunition supplies to and through
               Somalia and Eritrea in violation of the Somalia arms embargo and the Eritrea arms
               embargo established pursuant to resolution 1907 (2009) (hereinafter referred to as
               the “Eritrea arms embargo”), as a serious threat towards peace and stability in the
               region,
                     Calling upon all Member States, in particular those in the region, to refrain
               from any action in contravention of the Somalia and Eritrea arms embargoes, and to
               take all necessary steps to hold violators accountable,
                     Reaffirming the importance of enhancing the monitoring of the Somalia and
               Eritrea arms embargoes through persistent and vigilant investigation into the
               violations, bearing in mind that strict enforcement of the arms embargoes will
               improve the overall security situation in the region,
                     Expressing concern at acts of intimidation against the Monitoring Group and
               interference with the Monitoring Group’s work,
                     Reiterating its serious concern about the worsening humanitarian situation in
               Somalia, and the impact of the current drought and famine, strongly condemning the
               targeting and obstruction of the delivery of humanitarian aid by armed groups in
               Somalia, which has prevented the delivery of such aid in some areas and deploring
               the repeated attacks on humanitarian personnel,
                     Reiterating its condemnation in the strongest terms of all acts of violence,
               abuses and violations, including sexual and gender-based violence, committed
               against civilians, including children, in violation of applicable international law,
               stressing that the perpetrators must be brought to justice, recalling all its relevant
               resolutions on women, peace and security, on children and armed conflict, and on
               the protection of civilians in armed conflicts, and considering therefore that the
               existing designation criteria for targeted measures under resolution 1844 (2008)
               need to be reaffirmed and further strengthened,
                    Reaffirming the need for both the Transitional Federal Institutions (TFIs) and
               donors to be mutually accountable and transparent in the allocation of financial
               resources,
                    Calling for the end of the misappropriation of financial funds which
               undermine the ability of local authorities to deliver services in Somalia,
                    Determining that the situation in Somalia, Eritrea’s actions undermining peace
               and reconciliation in Somalia as well as the dispute between Djibouti and Eritrea
               continue to constitute a threat to international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,




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                 1.    Decides that the measures in paragraphs 1, 3, and 7 of resolution 1844
           (2008) shall apply to individuals, and that the provisions of paragraphs 3 and 7 of
           that resolution shall apply to entities, designated by the Committee:
                 (a) as engaging in or providing support for acts that threaten the peace,
           security or stability of Somalia, including acts that threaten the Djibouti Agreement
           of 18 August 2008 or the political process, or threaten the TFIs or AMISOM by
           force;
                 (b) as having acted in violation of the general and complete arms embargo
           reaffirmed in paragraph 6 of resolution 1844 (2008);
                (c) as obstructing the delivery of humanitarian assistance to Somalia, or
           access to, or distribution of, humanitarian assistance in Somalia;
                 (d) as being political or military leaders recruiting or using children in armed
           conflicts in Somalia in violation of applicable international law;
                 (e) as being responsible for violations of applicable international law in
           Somalia involving the targeting of civilians including children and women in
           situations of armed conflict, including killing and maiming, sexual and genderbased violence, attacks on schools and hospitals and abduction and forced
           displacement;
                 2.   Considers that acts under paragraph 1 (a) above may include, but are not
           limited to, the misappropriation of financial resources which undermines the
           Transitional Federal Institutions’ ability to fulfil their obligations in delivering
           services within the framework of the Djibouti Agreement;
                 3.    Considers that all non-local commerce via Al-Shabaab controlled ports,
           that constitutes financial support for a designated entity, poses a threat to the peace,
           stability, and security of Somalia, and thereby individuals and entities engaged in
           such commerce may be designated by the Committee and made subject to the
           targeted measures established by resolution 1844 (2008);
                4.    Calls upon the Transitional Federal Government (TFG) to consider
           banning all trade by large merchant vessels with Al-Shabaab controlled ports;
                 5.     Demands that all parties ensure full, safe and unhindered access for the
           timely delivery of humanitarian aid to persons in need of assistance across Somalia,
           underlines its grave concern at the worsening humanitarian situation in Somalia,
           urges all parties and armed groups to take appropriate steps to ensure the safety and
           security of humanitarian personnel and supplies, and expresses its readiness to apply
           targeted sanctions against such individuals and entities if they meet the listing
           criteria set out in paragraph 1 (c) above;
                6.     Decides to extend the mandate of the Monitoring Group referred to in
           paragraph 3 of resolution 1558 (2004), extended by paragraph 6 of resolution 1916,
           and requests the Secretary-General to take the necessary administrative measures as
           expeditiously as possible to re-establish the Monitoring Group for a period of
           12 months from the date of this resolution, consisting of eight experts, drawing, as
           appropriate, on the expertise of the members of the Monitoring Group established
           pursuant to resolution 1916 (2010), and consistent with resolution 1907 (2009), in
           order to fulfil its expanded mandate, this mandate being as follows:




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                    (a) to assist the Committee in monitoring the implementation of the
               measures imposed in paragraph 1, 3, and 7 of 1844 (2008), including by reporting
               any information on violations; to include in its reports to the Committee any
               information relevant to the potential designation of the individuals and entities
               described in paragraph 1 above;
                    (b) to assist the Committee in compiling narrative summaries, referred to in
               paragraph 14 of resolution 1844 (2008) of individuals and entities designated
               pursuant to paragraph 1 above;
                     (c) to investigate any seaport operations in Somalia that may generate
               revenue for Al-Shabaab, an entity designated by the Committee for meeting the
               listing criteria in resolution 1844 (2008);
                     (d) to continue the tasks outlined in paragraphs 3 (a) to (c) of resolution
               1587 (2005), paragraphs 23 (a) to (c) of resolution 1844 (2008), and paragraphs
               19 (a) to (d) of resolution 1907 (2009);
                     (e) to investigate, in coordination with relevant international agencies, all
               activities, including in the financial, maritime and other sectors, which generate
               revenues used to commit violations of the Somalia and Eritrea arms embargoes;
                     (f) to investigate any means of transport, routes, seaports, airports and other
               facilities used in connection with violations of the Somalia and Eritrea arms
               embargoes;
                     (g) to continue refining and updating information on the draft list of those
               individuals and entities that engage in acts described in paragraph 1 above, inside
               and outside Somalia, and their active supporters, for possible future measures by the
               Council, and to present such information to the Committee as and when the
               Committee deems appropriate;
                     (h) to compile a draft list of those individuals and entities that engage in acts
               described in paragraphs 15 (a)-(e) of resolution 1907 (2009) inside and outside
               Eritrea, and their active supporters, for possible future measures by the Council, and
               to present such information to the Committee as and when the Committee deems
               appropriate;
                    (i) to continue making recommendations based on its investigations, on the
               previous reports of the Panel of Experts (S/2003/223 and S/2003/1035) appointed
               pursuant to resolutions 1425 (2002) and 1474 (2003), and on the previous reports of
               the Monitoring Group (S/2004/604, S/2005/153, S/2005/625, S/2006/229,
               S/2006/913, S/2007/436, S/2008/274, S/2008/769 and S/2010/91) appointed
               pursuant to resolutions 1519 (2003), 1558 (2004), 1587 (2005), 1630 (2005), 1676
               (2006), 1724 (2006), 1766 (2007), 1811 (2008) 1853 (2008) and 1916 (2010);
                     (j) to work closely with the Committee on specific recommendations for
               additional measures to improve overall compliance with the Somalia and Eritrea
               arms embargoes, as well as the measures imposed in paragraphs 1, 3 and 7 of
               resolution 1844 (2008), and paragraphs 5, 6, 8, 10, 12 and 13 of resolution 1907
               (2009) concerning Eritrea;
                    (k) to assist in identifying areas where the capacities of States in the region
               can be strengthened to facilitate the implementation of the Somalia and Eritrea arms
               embargoes, as well as the measures imposed in paragraphs 1, 3 and 7 of resolution



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           1844 (2008), and paragraphs 5, 6, 8, 10, 12 and 13 of resolution 1907 (2009)
           concerning Eritrea;
                (l) to provide to the Council, through the Committee, a midterm briefing
           within six months of its establishment, and to submit progress reports to the
           Committee on a monthly basis;
                (m) 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 above, no later than 15 days prior to the termination of
           the Monitoring Group’s mandate;
                7.  Further requests the Secretary-General to make the necessary financial
           arrangements to support the work of the Monitoring Group;
                8.    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 implementation of and compliance with
           the Somalia and Eritrea arms embargoes as well as implementation of the targeted
           measures imposed by paragraphs 1, 3, and 7 of resolution 1844 (2008) and
           paragraphs 5, 6, 8, 10, 12, and 13 of resolution 1907 (2009), in response to
           continuing violations;
                 9.    Decides that for a period of twelve months from the date of this
           resolution, and without prejudice to humanitarian assistance programmes conducted
           elsewhere, the obligations placed on Member States in 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 specialised 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 UN Consolidated Appeal for Somalia;
                  10. Urges all parties and all States, including Eritrea, other States in the
           region, and the TFG, as well as international, regional and subregional
           organizations, ensure cooperation with the Monitoring Group, and ensure the safety
           of the members of the Monitoring Group, and unhindered access, in particular to
           persons, documents and sites the Monitoring Group deems relevant to the execution
           of its mandate;
                11.   Decides to remain actively seized of the matter.




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