Security Council resolution 2140 (2014) [on the situation in Yemen]
Symbol: S/RES/2140 (2014)
Date: 2014-02-26
Status: adopted
Agenda: S/69 [58] YEMEN--POLITICAL CONDITIONS
Subjects: National Dialogue Conference (Yemen)|UN. Security Council Committee Established pursuant to Resolution 2140 (2014) concerning Yemen > Establishment|UN. Panel of Experts Established pursuant to Security Council Resolution 2140 (2014) > Establishment|UN|Gulf Cooperation Council Initiative (2011)|Charter of the United Nations (1945). Chapter VII|POST-CONFLICT RECONSTRUCTION|RULE OF LAW|SANCTIONS|FROZEN ASSETS|TRAVEL RESTRICTIONS|YEMEN
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ARGENTINA
vote: yes
country: AUSTRALIA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: LUXEMBOURG
vote: yes
country: NIGERIA
vote: yes
country: REPUBLIC OF KOREA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: RWANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                 S/RES/2140 (2014)
               Security Council                                               Distr.: General
                                                                              26 February 2014




               Resolution 2140 (2014)
               Adopted by the Security Council at its 7119th meeting, on
               26 February 2014

                    The Security Council,
                    Recalling its resolution 2014 (2011), 2051 (2012) and presidential statement of
               15 February 2013,
                     Reaffirming its strong commitment to the unity, sovereignty, independence and
               territorial integrity of Yemen,
                     Commending the engagement of the Gulf Cooperation Council (GCC) in
               assisting the political transition in Yemen,
                    Welcoming the outcomes of the comprehensive National Dialogue Conference,
               signed by all political parties, and whose decisions provide a road map for a
               continued Yemeni led democratic transition underpinned by a commitment to
               democracy, good governance, rule of law, national reconciliation, and respect for the
               human rights and fundamental freedoms of all the people of Yemen,
                     Commending those who have facilitated the outcome of the comprehensive
               National Dialogue Conference through their constructive participation, in particular
               the leadership of President Abd Rabbo Mansour Hadi,
                   Expressing concern at the ongoing political, security, economic and
               humanitarian challenges in Yemen, including the ongoing violence,
                     Recalling the listing of Al-Qaida in the Arabian Peninsula (AQAP) and
               associated individuals on the Al-Qaida sanctions list established by the Committee
               pursuant to resolutions 1267 (1999) and 1989 (2011) and stressing in this regard the
               need for robust implementation of the measures in paragraph 1 of resolution 2083 as
               a significant tool in combating terrorist activity in Yemen,
                     Condemning all terrorist activities, attacks against civilians, oil, gas and
               electricity infrastructure and against the legitimate authorities, including those
               aimed at undermining the political process in Yemen,
                     Further condemning attacks against military and security facilities, in
               particular the attack on the Ministry of Defence on 5 December 2013 and the
               13 February attack of the Ministry of Interior Prison, stressing the need for the



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               Yemeni Government to efficiently continue reforms of the Armed Forces and in the
               security sector,
                     Reaffirming its resolution 2133 and calling upon all member states to prevent
               terrorists from benefiting directly or indirectly from ransom payments or from
               political concessions and to secure the safe release of hostages,
                     Noting the formidable economic, security and social challenges confronting
               Yemen, which have left many Yemenis in acute need of humanitarian assistance,
               reaffirming its support to the Yemeni government to safeguard security, promote
               social and economic development, and put forward political, economic, and security
               reforms, and welcoming the work of the Mutual Accountability Framework
               Executive Bureau, the World Bank, and the International Monetary Fund (IMF) in
               their support to the Government of Yemen on economic reform,
                     Stressing that the best solution to the situation in Yemen is through a peaceful,
               inclusive, orderly and Yemeni-led political transition process that meets the
               legitimate demands and aspirations of the Yemeni people for peaceful change and
               meaningful political, economic and social reform, as set out in the GCC Initiative
               and Implementation Mechanism and the outcomes of the comprehensive National
               Dialogue Conference, welcoming Yemen’s efforts to strengthen women’s
               participation in political and public life, including through measures to ensure at
               least 30 per cent women candidates for national legislative elections and elected
               councils,
                    Further recalling its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and
               2068 (2012) on Children and Armed Conflict and its resolutions 1325 (2000), 1820
               (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013) on
               Women, Peace and Security,
                     Recognizing that the transition process requires turning the page from the
               presidency of Ali Abdullah Saleh, and welcoming the involvement and cooperation
               of all stakeholders in Yemen, including groups that were not party to the GCC
               Initiative and its Implementation Mechanism,
                     Reiterating the need for comprehensive, independent and impartial
               investigations consistent with international standards into alleged human rights
               violations and abuses in line with the outcomes of the comprehensive National
               Dialogue Conference, the GCC Initiative, and the Implementation Mechanism, to
               ensure full accountability,
                     Recognizing the importance of governance reforms to the political transition in
               Yemen, noting in this regard the proposals in the National Dialogue Conference’s
               Good Governance Working Group report, including, among other things,
               prerequisites for candidates for Yemeni leadership positions and the disclosure of
               their financial assets,
                    Recalling its resolution 2117 (2013) and expressing grave concern at the threat
               to peace and security in Yemen arising from the illicit transfer, destabilising
               accumulation and misuse of small arms and light weapons,
                   Emphasizing the need for continued progress in the implementation of the
               GCC Initiative and Implementation Mechanism to avoid further deterioration of the
               humanitarian and security situation in Yemen,



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                Noting with appreciation the work of the United Nations country team and
           agencies in Yemen,
                 Welcoming the efforts made by the Secretariat to expand and improve the
           roster of experts for the Security Council Subsidiary Organs Branch, bearing in
           mind the guidance provided by the Note of the President (S/2006/997),
                Determining that the situation in Yemen constitutes a threat to international
           peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,
                 1.    Reaffirms the need for the full and timely implementation of the political
           transition following the comprehensive National Dialogue Conference, in line with
           the GCC Initiative and Implementation Mechanism, and in accordance with
           resolution 2014 (2011) and 2051 (2012), and with regard to the expectations of the
           Yemeni people;

           Implementation of Political Transition
                 2.   Welcomes the recent progress made in the political transition of Yemen
           and expresses strong support for completing the next steps of the transition, in line
           with the Implementation Mechanism, including:
                (a)   drafting a new constitution in Yemen;
                (b) electoral reform including the drafting and adoption of a new electoral
           law consistent with the new Constitution;
                (c) the holding of a referendum on the draft constitution, including suitable
           outreach;
                 (d) state structure reform to prepare Yemen for the transition from a unitary
           to a federal state; and
                (e) timely general elections, after which the current term of President Hadi
           would end following the inauguration of the President elected under the new
           Constitution;
                 3.    Encourages all constituencies in the country, including the youth
           movements, women’s groups, in all regions in Yemen, to continue their active and
           constructive engagement in the political transition and to continue the spirit of
           consensus to implement the subsequent steps in the transition process and the
           recommendations of the National Dialogue Conference, and calls upon the Hiraak
           Southern movement, the Houthi movement and others to constructively partake and
           to reject the use of violence to achieve political aims;
                 4.    Welcomes the Yemeni Government’s plan to introduce an Asset Recovery
           Law, and supports international cooperation on this, including through the Deauville
           initiative;
                 5.   Expresses concern over use of the media to incite violence and frustrate
           the legitimate aspirations for peaceful change of the people of Yemen;
                6.   Looks forward to steps by the Government of Yemen, towards the
           implementation of Republican Decree No. 140 of 2012, which establishes a
           committee to investigate allegations of violations of human rights in 2011 and which



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               states that investigations shall be transparent and independent and adhere to
               international standards, in accordance with Human Rights Council resolution 19/29,
               and invites the Government of Yemen to provide soon a time frame for the early
               appointment of members of that committee;
                     7.    Expresses its concern that children continue to be recruited and used in
               violation of applicable international law by armed groups, and the Yemeni
               Government forces, and calls for continued national efforts to end and prevent the
               recruitment and use of children, including through the signing and implementation
               by the Yemeni Government of the action plan to halt and prevent the recruitment
               and use of children in the government forces of Yemen, in line with the Security
               Council resolutions 1612 (2005), 1882 (2009) and 1998 (2011), and urges armed
               groups to allow the United Nations personnel safe and unhindered access to
               territories under their control for monitoring and reporting purposes;
                    8.    Also looks forward to the early adoption of a law on transitional justice
               and national reconciliation that, while taking into account the recommendations of
               the National Dialogue Conference, is in accordance with the international
               obligations and commitments of Yemen and following best practices as appropriate;
                    9.    Calls on all parties to comply with their obligations under international
               law including applicable international humanitarian law and human rights law;

               Further Measures
                     10. Emphasizes that the transition agreed upon by the parties to the GCC
               Initiative and Implementation Mechanism Agreement has not yet been fully
               achieved and calls upon all Yemenis to fully respect the implementation of the
               political transition and adhere to the values of the Implementation Mechanism
               Agreement;
                     11. Decides that all Member States shall, for an initial period of one year
               from the date of the adoption of this resolution, freeze without delay all funds, other
               financial assets and economic resources which are on their territories, which are
               owned or controlled, directly or indirectly, by the individuals or entities designated
               by the Committee established pursuant to paragraph 19 below, or by individuals or
               entities acting on their behalf or at their direction, or by entities owned or controlled
               by them, and decides further that all Member States shall ensure that any funds,
               financial assets or economic resources are prevented from being made available by
               their nationals or by any individuals or entities within their territories, to or for the
               benefit of the individuals or entities designated by the Committee;
                     12. Decides that the measures imposed by paragraph 11 above do not apply
               to funds, other financial assets or economic resources that have been determined by
               relevant Member States:
                     (a) To be necessary for basic expenses, including payment for foodstuffs,
               rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and
               public utility charges or exclusively for payment of reasonable professional fees and
               reimbursement of incurred expenses associated with the provision of legal services
               in accordance with national laws, or fees or service charges, in accordance with
               national laws, for routine holding or maintenance of frozen funds, other financial
               assets and economic resources, after notification by the relevant State to the
               Committee of the intention to authorize, where appropriate, access to such funds,


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           other financial assets or economic resources and in the absence of a negative
           decision by the Committee within five working days of such notification;
                (b) To be necessary for extraordinary expenses, provided that such
           determination has been notified by the relevant State or Member States to the
           Committee and has been approved by the Committee;
                 (c) To be the subject of a judicial, administrative or arbitral lien or judgment,
           in which case the funds, other financial assets and economic resources may be used
           to satisfy that lien or judgment provided that the lien or judgment was entered into
           prior to the date of the present resolution, is not for the benefit of a person or entity
           designated by the Committee, and has been notified by the relevant State or Member
           States to the Committee;
                 13. Decides that Member States may permit the addition to the accounts
           frozen pursuant to the provisions of paragraph 11 above of interests or other
           earnings due on those accounts or payments due under contracts, agreements or
           obligations that arose prior to the date on which those accounts became subject to
           the provisions of this resolution, provided that any such interest, other earnings and
           payments continue to be subject to these provisions and are frozen;
                 14. Decides that the measures in paragraph 11 above shall not prevent a
           designated person or entity from making payment due under a contract entered into
           prior to the listing of such a person or entity, provided that the relevant States have
           determined that the payment is not directly or indirectly received by a person or
           entity designated pursuant to paragraph 11 above, and after notification by the
           relevant States to the Committee of the intention to make or receive such payments
           or to authorize, where appropriate, the unfreezing of funds, other financial assets or
           economic resources for this purpose, 10 working days prior to such authorization;

           Travel ban
                 15. Decides that, for an initial period of one year from the date of the
           adoption of this resolution, all Member States shall take the necessary measures to
           prevent the entry into or transit through their territories of individuals designated by
           the Committee established pursuant to paragraph 19 below, provided that nothing in
           this paragraph shall oblige a State to refuse its own nationals entry into its territory;
                16.     Decides that the measures imposed by paragraph 15 above shall not
           apply:
                 (a) Where the Committee determines on a case-by-case basis that such travel
           is justified on the grounds of humanitarian need, including religious obligation;
                (b)     Where entry or transit is necessary for the fulfilment of a judicial
           process;
               (c) Where the Committee determines on a case-by-case basis that an
           exemption would further the objectives of peace and national reconciliation in
           Yemen; and
                 (d) Where a State determines on a case-by-case basis that such entry or
           transit is required to advance peace and stability in Yemen and the States
           subsequently notifies the Committee within forty-eight hours after making such a
           determination;



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               Designation Criteria
                     17. Decides that the provisions of paragraphs 11 and 15 shall apply to
               individuals or entities designated by the Committee as engaging in or providing
               support for acts that threaten the peace, security or stability of Yemen;
                    18. Underscores that such acts as described in paragraph 17 above may
               include, but are not limited to:
                     (a) Obstructing or undermining the successful completion of the political
               transition, as outlined in the GCC Initiative and Implementation Mechanism
               Agreement;
                    (b) Impeding the implementation of the outcomes of the final report of the
               comprehensive National Dialogue Conference through violence, or attacks on
               essential infrastructure; or
                     (c) Planning, directing, or committing acts that violate applicable
               international human rights law or international humanitarian law, or acts that
               constitute human rights abuses, in Yemen;

               Sanctions Committee
                    19. Decides to establish, in accordance with rule 28 of its provisional rules of
               procedure, a Committee of the Security Council consisting of all the members of the
               Council (herein “the Committee”), to undertake to following tasks:
                     (a) To monitor implementation of the measures imposed in paragraph 11 and
               15 above with a view to strengthening, facilitating and improving implementation of
               these measures by Member States;
                   (b) To seek and review information regarding those individuals and entities
               who may be engaging in the acts described in paragraph 17 and 18 above;
                   (c) To designate individuals and entities to be subject to the measures
               imposed in paragraphs 11 and 15 above;
                    (d) To establish such guidelines as may be necessary to facilitate the
               implementation of the measures imposed above;
                    (e) To report within 60 days to the Security Council on its work and
               thereafter to report as deemed necessary by the Committee;
                     (f) To encourage a dialogue between the Committee and interested Member
               States, in particular those in the region, including by inviting representatives of such
               States to meet with the Committee to discuss implementation of the measures;
                    (g) To seek from all States whatever information it may consider useful
               regarding the actions taken by them to implement effectively the measures imposed;
                     (h) To examine and take appropriate action on information regarding alleged
               violations or non-compliance with the measures contained in paragraphs 11 and 15;
                     20. Directs the Committee to cooperate with other relevant Security Council
               Sanctions Committees, in particular the Committee pursuant to resolutions 1267
               (1999) and 1989 (2011) concerning Al-Qaida and Associated Individuals and
               Entities;



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           Reporting
                21. Requests the Secretary-General to create for an initial period of 13
           months, in consultation with the Committee, and to make the necessary financial
           and security arrangements to support the work of the Panel, a group of up to four
           experts (“Panel of Experts”), under the direction of the Committee to carry out the
           following tasks:
                 (a) Assist the Committee in carrying out its mandate as specified in this
           resolution, including through providing the Committee at any time with information
           relevant to the potential designation at a later stage of individuals and entities who
           may be engaging in the activities described in paragraph 17 and 18 above;
                (b) Gather, examine and analyse information from States, relevant United
           Nations bodies, regional organisations and other interested parties regarding the
           implementation of the measures decided in this resolution, in particular incidents of
           undermining the political transition;
                (c) Provide to the Council, after discussion with the Committee, an update
           no later than 25 June 2014, an interim report by 25 September 2014, and a final
           report no later than 25 February 2015; and
                 (d) To assist the Committee in refining and updating information on the list
           of individuals subject to measures imposed pursuant to paragraphs 11 and 15 of this
           resolution, including through the provision of identifying information and additional
           information for the publicly-available narrative summary of reasons for listing;
                 22. Directs the Panel to cooperate with other relevant expert groups
           established by the Security Council to support the work of its Sanctions
           Committees, in particular the Analytical Support and Sanctions Monitoring Team
           established by resolution 1526 (2004);
                  23. Urges all parties and all Member States, as well as international, regional
           and subregional organizations to ensure cooperation with the Panel of experts and
           further urges all Member States involved to ensure the safety of the members of the
           Panel of experts and unhindered access, in particular to persons, documents and
           sites in order for the Panel of experts to execute its mandate;

           Commitment to Review
                 24. Affirms that it shall keep the situation in Yemen under continuous review
           and that it shall be prepared to review the appropriateness of the measures contained
           in this resolution, including the strengthening, modification, suspension or lifting of
           the measures, as may be needed at any time in light of developments;

           Economic Reform and Development Assistance to Support the Transition
                 25. Calls upon donors and regional organisations to fully disburse the
           pledges made at the Riyadh Donor conference in September 2012 to fund the
           priorities set out in the Mutual Accountability Framework agreed in Riyadh; and
           encourages donors with undisbursed pledges to work closely with the Executive
           Bureau to identify priority projects for support, taking into account the security
           conditions on the ground;




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                     26. Emphasizes the importance of Government of National Unity taking
               action to implement the urgent policy reforms set out in the Mutual Accountability
               Framework; and encourages donors to provide technical assistance to help drive
               forward these reforms, including through the Executive Bureau;
                    27. Expresses its concern over reported serious human rights abuses and
               violence against civilians in both the Northern and Southern Governorates,
               including Al Dhale’e Governorate, urges all parties involved to end the conflicts and
               comply with their obligations under applicable international humanitarian and
               human rights law, and stresses the need for parties to take all required measures to
               avoid civilian casualties, respect and protect the civilian population;
                     28. Encourages the international community to continue providing
               humanitarian assistance to Yemen and calls for the full funding of the 2014 Strategic
               Response Plan for Yemen, and in this regard requests all parties in Yemen to
               facilitate safe and unhindered humanitarian access to ensure the delivery of
               assistance to all populations in need and calls on all parties to take necessary steps
               to ensure the safety and security of humanitarian personnel and of the United
               Nations and its associated personnel and their assets;
                     29. Condemns the growing number of attacks carried out or sponsored by
               Al-Qaida in the Arabian Peninsula, and expresses its determination to address this
               threat in accordance with the Charter of the United Nations and international law
               including applicable human rights, refugee and humanitarian law, and in this regard,
               through the Al-Qaida sanctions regime administered by the Committee pursuant to
               resolutions 1267 (1999) and 1989 (2011) and reiterates its readiness, under the
               above-mentioned regime, to sanction further individuals, groups, undertakings and
               entities who do not cut off all ties to Al-Qaida and associated groups;
                     30. Calls for continued national efforts to address the threat posed by all
               weapons, including explosive weapons and small arms and light weapons, to
               stability and security in Yemen, including inter alia through ensuring the safe and
               effective management, storage and security of their stockpiles of small arms and
               light weapons and explosive weapons, and the collection and/or destruction of
               explosive remnants of war and surplus, seized, unmarked, or illicitly held weapons
               and ammunition, and further stresses the importance of incorporating such elements
               into security sector reform;
                     31. Acknowledges the serious economic, political and security obstacles
               facing refugees and internally displaced persons in Yemen who wish to return to
               their homes after years of conflict, and supports and encourages the efforts of the
               Government of Yemen and the international community to facilitate their return;

               United Nations involvement
                     32. Requests the Secretary-General to continue his good offices role, notes
               with appreciation the work Special Adviser, Jamal Benomar, stresses the importance
               of their close co-ordination with international partners, including the GCC, Group of
               Ambassadors, and other actors, in order to contribute to the successful transition,
               and in this regard further requests the Secretary-General to continue to coordinate
               assistance from the international community in support of the transition;




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                33. Requests the Secretary-General to continue to report on developments in
           Yemen, including on the implementation of the outcome of the comprehensive
           National Dialogue Conference every 60 days;
                34.   Decides to remain actively seized of the matter.




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