Security Council resolution 1863 (2009) [on renewal of the authorization of member States of the African Union to maintain the African Union Mission in Somalia (AMISOM)]
Symbol: S/RES/1863(2009)
Date: 2009-01-16
Status: adopted
Agenda: S/64 [84] SOMALIA SITUATION
Subjects: African Union Mission in Somalia|African Union|UN Peacekeeping Operation in Somalia (Proposed)|African Union Mission in Somalia > Financing|UN. Special Representative of the Secretary-General for Somalia and Head of the United Nations Political Office for Somalia|UN Mission in Ethiopia and Eritrea|UN Political Office for Somalia|UN Country Team (Somalia)|Somalia. Transitional Federal Government|Alliance for the Re-liberation of Somalia|UNDP|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|PEACEKEEPING OPERATIONS|HUMANITARIAN ASSISTANCE|SOMALIA|SOMALIA SITUATION|CEASEFIRES|TECHNICAL COOPERATION|ILLICIT ARMS TRAFFICKING|STAFF SECURITY|FREEDOM OF MOVEMENT|TRUST FUNDS|FINANCIAL RESOURCES|REGIONAL SECURITY|LOGISTICS|EQUIPMENT AND SUPPLIES|TROOP-CONTRIBUTING STATES|GOOD OFFICES|RESOURCES MOBILIZATION|HUMAN RIGHTS IN ARMED CONFLICTS|CHILDREN IN ARMED CONFLICTS|INSTITUTION BUILDING|CAPACITY BUILDING|TRAINING PROGRAMMES|MILITARY PERSONNEL|POLICE|SECURITY SECTOR REFORM
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: yes
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: yes
country: MEXICO
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: TURKEY
vote: yes
country: UGANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VIET NAM
vote: yes

               United Nations                                                                   S/RES/1863 (2009)
               Security Council                                                 Distr.: General
                                                                                16 January 2009




               Resolution 1863 (2009)
               Adopted by the Security Council at its 6068th meeting, on
               16 January 2009

                    The Security Council,
                     Recalling its previous resolutions concerning the situation in Somalia, in
               particular resolution 733 (1992), resolution 751 (1992), resolution 1356 (2001),
               resolution 1425 (2002), resolution 1519 (2003), resolution 1725 (2006), resolution
               1744 (2007), resolution 1772 (2007), resolution 1801 (2008), resolution 1811 (2008),
               resolution 1814 (2008), resolution 1831 (2008), and resolution 1844 (2008) and the
               statements of its President, in particular those of 13 July 2006 (S/PRST/2006/31),
               22 December 2006 (S/PRST/2006/59), 30 April 2007 (S/PRST/2007/13), 14 June
               2007 (S/PRST/2007/19), 19 December 2007 (S/PRST/2007/49), and 4 September
               2008 (S/PRST/2008/33),
                     Reiterating its commitment to a comprehensive and lasting settlement of the
               situation in Somalia,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                     Further reaffirming that the Djibouti Peace Agreement represents the basis for
               a resolution of the conflict in Somalia, and stressing the importance of broad-based
               and representative institutions reached through a political process ultimately
               inclusive of all,
                    Welcoming the guiding principles agreed by the parties to the Djibouti Peace
               Agreement on 25 November 2008, in particular the establishment of a Unity
               Government and an inclusive Parliament,
                    Recognizing the need for all parties to contribute to an enhanced political
               process, calling on the Somali parties to the Djibouti Peace Agreement to fulfil their
               obligations set out therein, and taking note of the request from the parties for United
               Nations authorization and deployment of an international stabilization force,
                     Welcoming the contribution of the African Union Mission to Somalia
               (AMISOM) to lasting peace and stability in Somalia, expressing its appreciation for
               the continued commitment of the Governments of Uganda and Burundi in Somalia,
               condemning any hostilities toward AMISOM, and stressing the importance of
               reestablishment, training and retention of Somali security forces,


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                    Welcoming the Secretary-General’s proposal for a partnership between the
               Somali parties, the United Nations, AMISOM and other international partners to
               develop a program of assistance to build Somali security capacity,
                    Reiterating its serious concern at the worsening humanitarian situation in
               Somalia, and calling on all Member States to contribute to current and future
               consolidated humanitarian appeals,
                    Recognizing that serious crimes have been committed against civilians in the
               ongoing conflict in Somalia and reaffirming the importance of the fight against
               impunity,
                    Noting the statement and 5-point communiqué of the African Union of
               10 December 2008 and 22 December 2008 respectively, whereby the African Union
               Peace and Security Council calls for an interim stabilization force in anticipation of
               a United Nation peacekeeping operation in Somalia in order to take over from
               AMISOM and support the long-term stabilization and reconstruction of that country,
                    Determining that the situation in Somalia constitutes a threat to international
               peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.   Welcomes the decision of the African Union that AMISOM will remain in
               Somalia until 16 March 2009, and requests the African Union to maintain
               AMISOM’s deployment in Somalia and to reinforce that deployment to help achieve
               AMISOM’s originally mandated troop strength of 8,000 troops, thereby enhancing
               the mission’s capability to carry out its mandate and protect key installations in
               Mogadishu, including the airport, seaport and other strategic areas;
                     2.    Decides to renew for up to six months from the date of this resolution the
               authorization of Member States of the African Union to maintain a mission in
               Somalia, which shall be authorized to take all necessary measures to carry out the
               mandate set out in paragraph 9 of resolution 1772 (2007); and underlines, in
               particular, that AMISOM is authorized to take all necessary measures to provide
               security for key infrastructure and to contribute, as may be requested and within its
               capabilities and existing mandate, to the creation of the necessary security
               conditions for the provision of humanitarian assistance;
                     3.   Calls upon the Somali parties and other stakeholders to uphold the
               principles of the Djibouti Peace Agreement, to cease hostilities, to ensure without
               delay unhindered humanitarian access and assistance to the Somali people, to
               terminate all acts of armed confrontation, to reach agreement on permanent
               ceasefire mechanisms, and to use the Joint Security Committee to resolve disputes
               over military issues; and requests the Secretary-General to report on ways to
               improve the implementation of the Djibouti Peace Agreement, including the option
               of an international peace conference to include local, regional and international
               actors;
                    4.   Expresses its intent to establish a United Nations Peacekeeping Operation
               in Somalia as a follow-on force to AMISOM, subject to a further decision of the
               Security Council by 1 June 2009;
                    5.   Requests the Secretary-General to submit a report for a United Nations
               Peacekeeping Operation by 15 April 2009, to include developments in the situation



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           in Somalia, progress towards the full deployment and strengthening of AMISOM
           with a view to transition to a United Nations Peacekeeping Operation, progress in
           the political process and security conditions on the ground, in order to inform the
           Security Council of his assessment in advance of the decision referred to in
           paragraph 4 above and with a view to speedy deployment;
                6.    Further requests the Secretary-General in this report to develop
           recommendations on the mandate of such a United Nations Peacekeeping Operation
           taking into account the following tasks in Mogadishu and its environs:
                 (a) To facilitate humanitarian assistance and improve humanitarian access,
           including by securing key humanitarian infrastructure and maintaining liaison with
           all parties to the Djibouti Peace Agreement and related subsequent agreements, and
           to facilitate delivery of humanitarian assistance to internally displaced persons,
           children, and other affected persons;
                 (b) To assist with the free movement, safe passage and protection of those
           involved in the political process, to provide security for key political infrastructure,
           and to protect and assist the institutions of a future Unity Government to help them
           carry out their functions;
                 (c) To monitor, within its capabilities, the implementation of the cessation of
           hostilities under the Djibouti Peace Agreement, as well as any subsequent ceasefire
           arrangements and joint security arrangements agreed through the Joint Security
           Committee (JSC), to liaise with the JSC and provide technical assistance in the
           implementation of its functions, including in the investigation of ceasefire
           violations, and to support in the monitoring of illegal weapons traffic by informing
           the Monitoring Group of any related information;
                (d) To ensure the security and freedom of movement of United Nations
           personnel and to protect its personnel, facilities, installations, equipment and
           mission;
                 (e) To assist, in conjunction with regional and international donor partners
           and other interested parties, in supporting the effective re-establishment, training
           and retention of inclusive Somali security forces, including military, police, and
           judiciary;
                7.   Affirms that the provisions set out in paragraphs 11 and 12 of resolution
           1772 (2007) shall continue to apply;
                 8.    Requests the Secretary-General to establish a trust fund to provide
           financial support to AMISOM until a United Nations Peacekeeping Operation is
           deployed and to assist in the reestablishment, training and retention of all-inclusive
           Somali security forces as provided in paragraph 4 (c) of resolution 1744 (2007);
           also requests the Secretary-General to hold a donors conference to solicit
           contributions to this trust fund as soon as possible; further requests the African
           Union, in consultation with the Secretary-General, to submit budgetary requests to
           this trust fund; and calls upon Member States to contribute to the trust fund, while
           noting that the existence of the trust fund does not preclude the conclusion of direct
           bilateral arrangements in support of AMISOM;
                 9.   Stresses the need to create the conditions for the Special Representative
           of the Secretary-General to continue to make progress on the political process;



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                     10. Welcomes the recommendations contained in the Secretary-General’s
               letter of 19 December 2008 on strengthening AMISOM (S/2008/804); recalls that
               the Security Council bears primary responsibility for the maintenance of
               international peace and security and that cooperation with regional and subregional
               organizations can improve collective security; further recalls that in resolution 1772
               (2007) it called for planning for possible deployment of a United Nations
               Peacekeeping Operation replacing AMISOM and in resolution 1744 (2007) it took
               note that AMISOM was intended to contribute to an initial stabilization phase
               evolving into a possible United Nations operation; welcomes in this regard the
               Secretary-General’s proposal for immediate in kind enhancement of AMISOM
               through the transfer of assets following the liquidation of United Nations Mission in
               Ethiopia and Eritrea (UNMEE); and requests the Secretary-General, in order for
               AMISOM’s forces to be incorporated into a United Nations Peacekeeping
               Operation, to provide a United Nations logistical support package to AMISOM
               including equipment and services, as described in paragraphs 7 and 8 of his proposal
               (S/2008/804) but not including transfer of funds to AMISOM, until 1 June 2009 or
               until the decision referred to in paragraph 4 above, whichever is earlier;
                     11. Requests the Secretary-General to oversee the assistance referred to in
               paragraph 10 above and further requests the Secretary-General to report no later
               than January 30 on the precise equipment and services being provided and to report
               to the Security Council at 30-day intervals thereafter on progress in the deployment
               of such goods and services;
                     12. Requests AMISOM to ensure all equipment and services provided by the
               United Nations pursuant to this resolution be used in a transparent and effective
               manner for the purposes intended and further requests AMISOM to report to the
               Secretary-General on the usage of such equipment and services in a manner to be
               detailed in a Memorandum of Understanding between the United Nations and the
               African Union based on appropriate internal control procedures;
                     13. Requests the Secretary-General to lend his support to African Union
               force generation efforts, to continue to support African Union planning and
               deployment preparations through the Secretariat’s Planners team in Addis Ababa and
               to continue planning, in close cooperation with the African Union, for force
               generation and logistical, administrative, financial and other arrangements necessary
               to transition from AMISOM to a United Nations Peacekeeping Operation;
                     14. Calls upon Member States to contribute personnel, equipment, and other
               resources to AMISOM; and encourages Member States to cooperate closely with the
               African Union, the United Nations, troop contributing countries and other donors to
               this end;
                     15. Calls upon all parties to cooperate fully in the deployment and operations
               of AMISOM, in particular by guaranteeing the safety, security, and freedom of
               movement of African Union and United Nations personnel as well as associated
               personnel throughout Somalia and to comply fully with their obligations under
               international law, including international humanitarian, human rights and refugee
               law;
                    16. Requests the Secretary-General, through his Special Representative for
               Somalia, to coordinate all activities of the United Nations system in Somalia, to
               provide good offices and political support for the efforts to establish lasting peace



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           and stability in Somalia and to mobilize resources and support from the international
           community for both immediate recovery and long-term economic development of
           Somalia; decides that the United Nations Political Office for Somalia (UNPOS) and
           the United Nations country team shall continue to promote a lasting peace and
           stability in Somalia through the implementation of the Djibouti Peace Agreement,
           and to facilitate coordination of international support to these efforts; and requests
           the Secretary-General to conduct immediate contingency planning for the
           deployment of United Nations offices and agencies into Somalia;
                 17. Demands that all States in the region refrain from any action that might
           exacerbate instability in Somalia or the Horn of Africa region, and reiterates its
           intention to take measures against those who seek to prevent or block a peaceful
           political process, or those who threaten participants in the political process by force,
           or those who undermine stability in Somalia or the region;
                18. Calls upon Member States to contribute to current and future
           consolidated humanitarian appeals;
                 19. Reaffirms its resolutions 1325 (2000) and 1820 (2008) on women, peace
           and security, and 1674 (2006) and 1738 (2006) on the protection of civilians in
           armed conflict, and stresses the responsibility of all parties and armed groups in
           Somalia to take appropriate steps to protect the civilian population in the country,
           consistent with international humanitarian, human rights and refugee law, in
           particular by avoiding any indiscriminate or excessive use of force in populated
           areas;
                 20. Reaffirms its resolutions 1539 (2004) and 1612 (2005) on children and
           armed conflict and recalls the subsequent conclusions of the Security Council
           Working Group on Children and Armed Conflict pertaining to parties to the armed
           conflict in Somalia (S/AC.51/2007/14);
                21. Calls upon the Somali parties to make further progress on establishing
           joint Transitional Security Forces, which ultimately would assume full
           responsibility for providing security in Somalia;
                 22. Requests the Secretary-General to advise urgently on the implementation
           of his plans to assist the Transitional Federal Government (TFG) and the Alliance
           for the Re-liberation of Somalia (ARS) in developing and coordinating, through his
           Special Representative for Somalia, in conjunction with the United Nations
           Development Programme (UNDP), other international donors, Member States and
           AMISOM as appropriate, a coherent strategy and package for command and control,
           training and equipment to build Somalia’s joint Transitional Security Forces and
           Police to an anticipated strength of some 15,000 personnel, as envisaged in his letter
           of 19 December 2008 (S/2008/804) and in line with the recommendations of the
           TFG/ARS Joint Security Committee, as well as rule of law and correctional
           facilities, and other key areas identified by the Somali parties; and calls upon
           Member States to contribute to this package;
                 23. Calls upon Member States, in response to the Secretary-General’s letter
           of 19 December 2008 (S/2008/804), to support strengthening and building capacity
           of the Somali government at the federal, state and local level, particularly in areas of
           institutional development, human resource development, public finance
           management and accountability processes and support to service delivery;



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                    24. Welcomes the Secretary-General’s proposal of 19 December 2008
               (S/2008/804) to establish within UNPOS a dedicated capacity that would include
               expertise in police and military training, planning for future Disarmament,
               Demobilisation and Reintegration activities and Security Sector Reform activities,
               as well as a rule of law and correction components;
                    25.   Decides to remain actively seized of the matter.




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