Security Council resolution 2036 (2012) [on addition of tasks to and expansion of the logistical support package for the African Union Mission in Somalia (AMISOM) until 31 Oct. 2012]
Symbol: S/RES/2036(2012)
Date: 2012-02-22
Status: adopted
Agenda: S/67 [84] SOMALIA SITUATION
Subjects: African Union Mission in Somalia|African Union Mission in Somalia > Terms of reference|African Union|UN Trust Fund for the African Union Mission to Somalia|Somalia. Transitional Federal Government|Intergovernmental Authority on Development|UN. Office to the African Union|UN. Security Council Committee Established pursuant to Resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea > Terms of reference|UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009) > Terms of reference|Charter of the United Nations (1945). Chapter VII|PEACEBUILDING|INTERNAL SECURITY|PEACEKEEPING OPERATIONS|SOMALIA|SOMALIA SITUATION|MILITARY PERSONNEL|POLICE|INTERNATIONAL HUMANITARIAN LAW|LOGISTICS|SUPPORT SERVICES|ACCOUNTABILITY|REIMBURSEMENT|ADVISORY SERVICES|STAFF SECURITY|TROOP-CONTRIBUTING STATES|TRAINING PROGRAMMES|HUMANITARIAN ASSISTANCE|HUMAN RIGHTS IN ARMED CONFLICTS|COMMAND AND CONTROL SYSTEMS|CHARCOAL|SANCTIONS COMPLIANCE
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUATEMALA
vote: yes
country: INDIA
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                  S/RES/2036 (2012)
               Security Council                                                Distr.: General
                                                                               22 February 2012




               Resolution 2036 (2012)
               Adopted by the Security Council at its 6718th meeting, on
               22 February 2012

                    The Security Council,
                     Recalling all previous resolutions on the situation in Somalia, in particular
               resolution 2010 (2011), as well as other relevant Presidential Statements and
               resolutions on protection of civilians in armed conflict, women and peace and
               security, and children and armed conflict,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia, and reiterating its commitment to a
               comprehensive and lasting settlement of the situation in Somalia,
                     Reiterating its full support for the Djibouti Peace Process and the Transitional
               Federal Charter which provide the framework for reaching a lasting political
               solution in Somalia, reiterating its support for the Kampala Accord and the
               Roadmap to End the Transition (the “Roadmap”), and stressing the need for
               reconciliation, dialogue and broad-based, inclusive and representative Somali
               institutions,
                     Stressing the primary responsibility of the Transitional Federal Institutions to
               implement the Roadmap, welcoming the progress to date, including the commitment
               shown by the Garowe Principles, but expressing concern that many of the deadlines
               for the completion of the tasks in the Roadmap have been missed which may delay
               the full implementation of the Roadmap,
                     Urging the Transitional Federal Institutions and all Roadmap signatories to
               redouble their efforts to fully implement the Roadmap with the support of United
               Nations Political Office for Somalia (UNPOS) and the international community, and
               noting that future support to the Transitional Federal Institutions for the remainder
               of the transitional period, would be contingent upon progress in completing the
               tasks in the Roadmap,
                     Stressing the need for the Transitional Federal Government, with the support
               of the African Union Mission to Somalia (AMISOM), and as a matter of urgency, to
               build an enhanced level of security in areas secured by AMISOM and the Somali
               security forces, and to build sustainable administrative structures in these areas,




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                     Noting that the transitional period in Somalia will end on 20 August 2012,
               emphasising that any further extension of the transitional period would be untenable
               and calling upon Somali parties to agree inclusive and representative posttransitional arrangements, in line with the Djibouti Agreement,
                     Stressing the need for further efforts to fight corruption, promote transparency
               and increase mutual accountability in Somalia, and in this regard welcoming
               initiatives aimed at the more transparent and accountable management of Somali
               assets and internal and external financial resources to maximise public revenues for
               the benefit of the Somali people,
                     Stressing the need for a comprehensive strategy in Somalia to address the
               political, economic, humanitarian and security problems in Somalia and the problem
               of piracy, including hostage taking, off the coast of Somalia through the
               collaborative efforts of all stakeholders, reiterating their full support to the
               Secretary-General and his Special Representative, Augustine P. Mahiga in this
               regard, and for their work with the African Union and international and regional
               partners,
                     Recognising that peace and stability in Somalia depend on reconciliation and
               effective governance across the whole of Somalia and urging all Somali parties to
               renounce violence and to work together to build peace and stability,
                     Welcoming the London Conference on Somalia, to be held on 23 February
               2012, where coordinated international action to address the political, security,
               justice, stability, and piracy problems in Somalia, as well as humanitarian issues,
               will be further enhanced, and welcoming the upcoming Istanbul Conference on
               Somalia,
                    Expressing grave concern at the dire humanitarian situation in Somalia, and its
               impact on the people of Somalia, in particular on women and children, and calling
               on all parties to ensure full and unhindered access for the timely delivery of
               humanitarian aid to persons in need of assistance across Somalia, consistent with
               humanitarian, human rights and refugee law,
                     Reiterating its condemnation of all attacks on the Transitional Federal
               Government, the African Union Mission in Somalia (AMISOM), United Nations
               personnel and facilities, and the civilian population by armed opposition groups, and
               foreign fighters, particularly Al Shabaab, and stressing that Somali armed
               opposition groups and foreign fighters, particularly Al Shabaab, constitute a terrorist
               threat to Somalia, and the international community,
                     Noting the announcement that Al Shabaab has joined Al Qaeda, stressing that
               there should be no place for terrorism or violent extremism in Somalia and
               reiterating its call upon all opposition groups to lay down their arms,
                    Commending the contribution of AMISOM to lasting peace and stability in
               Somalia and efforts to bring stability and security to Mogadishu, expressing its
               appreciation for the continued commitment of troops and equipment to AMISOM by
               the Governments of Burundi and Uganda, and for the newly deployed troops from
               the Government of Djibouti and recognising the significant sacrifices made by
               AMISOM forces,
                    Welcoming the willingness of the Government of Kenya for Kenyan forces to
               be incorporated into AMISOM and so to contribute to the implementation of


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           AMISOM’s mandate as set out in paragraph 9 of resolution 1772 (2007) and this
           resolution, stressing the importance of the prompt deployment of new AMISOM
           forces to reach its mandated level, and calling on other African Union Member
           States to consider contributing troops and provide support to AMISOM,
                Welcoming the work of the joint African Union and United Nations Technical
           Assessment Mission on AMISOM, noting the agreement by the African Union Peace
           and Security Council on a AMISOM Strategic Concept of 5 January 2012, and
           welcoming the Secretary-General’s Special Report on Somalia (S/2012/74),
                 Recalling its authorisation in paragraph 1 of resolution 2010 (2011) that the
           Member States of the African Union maintain the deployment of AMISOM until
           31 October 2012, and that AMISOM is authorised to take all necessary measures to
           carry out its existing mandate as set out in paragraph 9 of resolution 1772 (2007),
                Recalling paragraph 5 of resolution 2010 (2011) and noting its intention to
           review the force level of AMISOM when the mission reaches its mandated level of
           12,000,
                Expressing concern that charcoal exports from Somalia are a significant
           revenue source for Al Shabaab and also exacerbate the humanitarian crisis,
                 Recalling its resolutions 1950 (2010), 1976 (2011), and 2020 (2011)
           expressing its grave concern at the threat posed by piracy and armed robbery off the
           coast of Somalia, recognising that the ongoing instability in Somalia contributes to
           the problem of piracy and armed robbery at sea off the coast of Somalia, stressing
           the need for a comprehensive response to tackle piracy, and hostage taking, and its
           underlying causes by the international community and the Transitional Federal
           Institutions and welcoming the efforts of the Contact Group for Piracy off the Coast
           of Somalia, States and international and regional organisations,
                Stressing the need to investigate, prosecute, and to imprison when duly
           convicted pirates and those who illicitly finance, plan, organise, or unlawfully profit
           from pirate attacks,
                 Welcoming the relocation of the Secretary-General’s Special Representative to
           Somalia and an UNPOS office to Mogadishu and encouraging the United Nations to
           take further steps to achieve a more permanent and full relocation to Somalia, in
           particular Mogadishu, consistent with the security conditions, as outlined in the
           Secretary-General’s reports (S/2010/447) and (S/2009/210),
                 Determining that the situation in Somalia continues to constitute a threat to
           international peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,
                 1.    Decides that in addition to the tasks set out in paragraph 9 of resolution
           1772 (2007) AMISOM shall include establishing a presence in the four sectors set
           out in the AMISOM strategic Concept of 5 January, and AMISOM shall be
           authorised to take all necessary measures as appropriate in those sectors in
           coordination with the Somali security forces to reduce the threat posed by
           Al Shabaab and other armed opposition groups in order to establish conditions for
           effective and legitimate governance across Somalia, further decides that AMISOM
           shall act in compliance with applicable international humanitarian and human rights




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               law, in performance of this mandate and in full respect of the sovereignty, territorial
               integrity, political independence and unity of Somalia;
                    2.    Requests the African Union to increase AMISOM’s force strength from
               12,000 to a maximum of 17,731 uniformed personnel, comprised of troops and
               personnel of formed police units;
                     3.   Reiterates that regional organisations have the responsibility to secure
               human, financial, logistical and other resources for the work of their organisations,
               including through contributions by their members and support from partners,
               welcomes the valuable financial support provided by the African Union’s partners to
               AMISOM, including through bilateral support programmes and the African Peace
               Facility of the European Union, and calls upon all partners, in particular new
               donors, to support AMISOM through the provision of equipment, technical
               assistance, funding for troop stipends, and uncaveated funding to AMISOM to the
               United Nations Trust Fund for AMISOM;
                     4.   Decides to expand the logistical support package for AMISOM, referred
               to in paragraphs 10 and 11 of resolution 2010 (2011), and as described in the
               Secretary-General’s letters (S/2009/60 and S/2011/591) to the President of the
               Security Council, from a maximum of 12,000 uniformed personnel to a maximum of
               17,731 uniformed personnel, until 31 October 2012, ensuring the accountability and
               transparency of expenditure of United Nations funds as set out in paragraph 4 of
               resolution 1910 (2010);
                     5.   Recalls its request to the Secretary-General in paragraphs 10 and 12 of
               resolution 1863 (2009) related to transparency and proper accountability for
               resources provided to AMISOM, and requests that equal attention to resource
               transparency, accountability, and internal controls be applied to the additional UN
               support measures authorised to be provided to AMISOM and its troop contributing
               countries in this resolution and the annex of this resolution;
                     6.    Decides on an exceptional basis and owing to the unique character of the
               mission, to expand the logistical support package for AMISOM to include the
               reimbursement of contingent owned equipment including force enablers and
               multipliers as described in paragraphs 28 through 36 and 43 of the Secretary-General’s Special Report on Somalia (S/2012/74) and as set out in the annex to this
               resolution;
                     7.    Stresses the importance of stabilising areas secured by AMISOM and the
               Somali security forces, calls upon all Somali stakeholders, with the support of the
               UN, the African Union and the international community, to promote reconciliation,
               law and order, the delivery of basic services and strengthen governance at district,
               regional, state and federal levels, including by supporting the delivery of
               Stabilisation Plans developed by Intergovernmental Authority on Development
               (IGAD) and the Transitional Federal Government;
                    8.    Requests the Secretary-General to continue to provide technical and
               expert advice to the African Union in the planning, deployment and management of
               AMISOM, through the United Nations Office to the African Union, including on the
               implementation of the AMISOM Strategic Concept and the AMISOM Concept of
               Operations;




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                 9.   Reiterates its request to the United Nations to work with the African
           Union to develop a guard force of an appropriate size, within AMISOM’s mandated
           troop levels, to provide security, escort and protection services to personnel from the
           international community, including the United Nations, as appropriate and without
           further delay;
                 10. Welcomes the intention of new troop contributing countries to contribute
           to AMISOM and stresses that all new troops shall be integrated fully into the
           AMISOM command and control structures, and shall operate in accordance with
           AMISOM’s mandate as set out in paragraph 9 of resolution 1772 (2007) and this
           resolution;
                 11. Stresses that coordinated action by all contributors is critical for the
           peace, security and stability of Somalia and the region, and calls on other African
           Union Member States to consider contributing troops to AMISOM in order to help
           create the conditions when Somalia can be responsible for its own security;
                 12. Recognizes the importance of strengthening the capacity of regional and
           sub-regional organizations in conflict prevention, crisis management and postconflict stabilization, and calls upon the African Union and donors to continue to
           work together to further enhance the effectiveness of African peacekeeping;
                13.   Recalls paragraph 13 of resolution 2010 (2011);
                14. Emphasises that the development of the Somali security forces is vital to
           ensure Somalia’s long term security and stability, requests AMISOM to continue to
           expand its efforts to help develop the capacity and effectiveness of the Somali
           security forces, urges Member States, regional, and international organisations to
           work with in coordination with AMISOM to provide coordinated assistance, training
           and support and welcomes in this regard the training of Somalia security forces
           through the bilateral support programmes of Member States and the European Union
           Training Mission for Somalia (EUTM);
                 15. Notes the important role an effective police presence can play in the
           stabilisation of Mogadishu, stresses the need to continue to develop an effective
           Somali police force and welcomes the desire of the African Union to develop an
           operational police component within AMISOM;
                16. Demands that all parties and armed groups take appropriate steps to
           ensure the safety and security of humanitarian personnel and supplies, and further
           demands that all parties ensure full and unhindered access for the timely delivery of
           humanitarian aid to persons in need of assistance across Somalia, consistent with
           humanitarian, human rights and refugee law;
                 17. Recalling its resolutions 1674 (2006), 1738 (2006) and 1894 (2009) on
           the protection of civilians in armed conflict, welcomes the progress made by
           AMISOM in reducing civilian casualties during its operations, urges AMISOM to
           continue to undertake enhanced efforts in this regard, commends AMISOM’s
           commitment to establish a Civilian Casualty Tracking, Analysis and Response Cell
           (CCTARC), as referenced in the Secretary-General’s Report on Somalia
           (S/2011/759) of 9 December 2011, and calls on international donors and partners to
           further support the establishment of a CCTARC;




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                     18. Welcomes the endorsement by AMISOM of the 2011 indirect fire policy
               and encourages AMISOM to adapt and implement this policy for all new troops and
               assets;
                    19. Recalls the Council’s decision in resolution 1844 (2008) and welcomes
               the determination by the international community, including the African Union, to
               take measures against both internal and external actors engaged in actions aimed at
               undermining the peace and reconciliation process in Somalia, including the
               Roadmap, as well as the efforts of AMISOM and the Somali security forces;
                    20. Underlines its intention to keep the situation on the ground under review
               and to take into account in its future decisions progress by AMISOM in meeting the
               following objectives:
                     (a) Consolidation of security and stability throughout south central Somalia,
               including key towns, by the Somali security forces and AMISOM, on the basis of
               clear military objectives integrated into a political strategy;
                   (b) Effective regional coordination and cooperation on security issues by
               AMISOM;
                     (c) Assistance in the development of effective Somali security forces, with
               integrated units under a clear command and control structure and in coordination
               with the international community;
                     21. Requests the African Union to keep the Security Council regularly
               informed, through the Secretary-General, on the implementation of AMISOM’s
               mandate, including on the implementation of paragraphs 1 and 2 in this resolution
               and on the new command and control structure and integration of forces under this
               structure and report to the Council, through the provision of written reports, no later
               than 30 days after the adoption of this resolution and every 60 days thereafter;
                     22. Decides that Somali authorities shall take the necessary measures to
               prevent the export of charcoal from Somalia and that all Member States shall take
               the necessary measures to prevent the direct or indirect import of charcoal from
               Somalia, whether or not such charcoal originated in Somalia; further decides that all
               Member States shall report to the Security Council Committee established pursuant
               to resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea (“the
               Committee”) within 120 days of the adoption of this resolution on the steps they
               have taken towards effective implementation of this paragraph; and requests the
               Monitoring Group re-established pursuant to resolution 2002 (2011) to assess the
               impact of the charcoal ban in its Final Report;
                     23. Decides that the mandate of the Committee shall apply to the measures in
               paragraph 22 above; decides that the Monitoring Group’s mandate shall likewise be
               expanded; and considers that such commerce may pose a threat to the peace,
               security, or stability of Somalia, and therefore that the Committee may designate
               individuals and entities engaged in such commerce as subject to the targeted
               measures established by resolution 1844 (2008);
                    24.   Decides to remain actively seized of the matter.




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           Annex
                 In accordance with paragraph 6 of this resolution, on an exceptional basis and
           due to the unique character of AMISOM, the UN logistical support package for
           AMISOM shall be extended for a maximum of 17,731 uniformed personnel and 20
           AMISOM civilian personnel based in AMISOM headquarters until 31 October 2012,
           in line with the recommendation in paragraphs 29 and 43 of the Secretary-General’s
           Special Report on Somalia (S/2012/74), which includes the provision of explosive
           threat management capacity, level II medical facilities and the reimbursement of
           contingent owned equipment (COE).
                Eligible COE will include standard enablers and multipliers within the land
           component, and an aviation component of up to a maximum of 9 utility helicopters
           and 3 attack helicopters.
                 COE reimbursement should conform to UN rates and practices, including the
           direct transfer of funds to troop contributing countries (TCCs) as appropriate, and
           periodic reviews to ensure full operational capability. Letters of Assist (LOAs)
           should be negotiated with TCCs for equipment not covered under the UN COE
           framework including the aviation specified above.
                 As noted in paragraph 29 of the Secretary-General’s Special Report on
           Somalia (S/2012/74), only equipment deployed by the TCCs and considered owned
           by TCCs should be reimbursed. Equipment gifted or donated to TCCs, AMISOM,
           the African Union or where the ownership still remains with the donor are not
           eligible for reimbursement.




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