Security Council resolution 1916 (2010) [on re-establishment of the UN Monitoring Group Established pursuant to Security Council Resolution 1519 (2003)]
Symbol: S/RES/1916(2010)
Date: 2010-03-19
Status: adopted
Agenda: S/65 [84] SOMALIA SITUATION
Subjects: UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009)|UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) > Terms of reference|Somalia. Transitional Federal Government|UN. Humanitarian Aid Coordinator for Somalia|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|HUMANITARIAN ASSISTANCE|SOMALIA|SOMALIA SITUATION|SANCTIONS COMPLIANCE|ARMS TRANSFERS|ILLICIT ARMS TRAFFICKING|CRIMINAL INVESTIGATION|TECHNICAL COOPERATION|REPORT PREPARATION|ERITREA
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AUSTRIA
vote: yes
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: JAPAN
vote: yes
country: LEBANON
vote: yes
country: MEXICO
vote: yes
country: NIGERIA
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

               United Nations                                                                     S/RES/1916 (2010)
               Security Council                                                 Distr.: General
                                                                                19 March 2010




               Resolution 1916 (2010)
               Adopted by the Security Council at its 6289th meeting, on
               19 March 2010

                    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,) and resolution 1907 (2009),
                     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,
                    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
               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,
                    Commending the work of the Special Representative of the Secretary-General,
               Mr. Ahmedou Ould-Abdallah, and reaffirming its strong support for his efforts,




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S/RES/1916 (2010)


                    Taking note of the report of the Monitoring Group dated 12 March 2010
               (S/2010/91) submitted pursuant to paragraph 3 (j) of resolution 1853 (2008) and the
               observations and recommendations contained therein,
                     Expressing concern at acts of intimidation against the Monitoring Group and
               interference with the Monitoring Group’s work,
                    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 to 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,
                     Affirming 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,
                    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,
                    1.    Stresses the obligation of all States to comply fully with the measures
               imposed by resolution 733 (1992) as elaborated and amended by subsequent
               relevant resolutions, as well as resolution 1844 (2008) and resolution 1907 (2009);
                     2.   Reiterates its intention to consider specific action to improve
               implementation of and compliance with measures imposed by resolution 733 (1992),
               resolution 1844 (2008) and resolution 1907 (2009);
                    3.    Decides that paragraphs 11 (b) and 12 of resolution 1772 (2007) also
               apply to supplies and technical assistance by international, regional and subregional
               organizations;
                     4.    Underscores the importance of humanitarian aid operations, condemns
               politicization, misuse, and misappropriation of humanitarian assistance by armed
               groups and calls upon Member States and the United Nations to take all feasible
               steps to mitigate these aforementioned practices in Somalia;
                     5.    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 imposed 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 specialized agencies
               or programmes, humanitarian organizations having observer status with the United
               Nations General Assembly that provide humanitarian assistance, or their
               implementing partners, and decides to review the effects of this paragraph every 120
               days based on all available information, including the report of the Humanitarian
               Aid Coordinator submitted under paragraph 11 below;



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                6.     Decides to extend the mandate of the Monitoring Group referred to in
           paragraph 3 of resolution 1558 (2004), 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 twelve months, drawing, as appropriate, on the
           expertise of the members of the Monitoring Group established pursuant to resolution
           1853 (2008), and consistent with resolution 1907 (2009), with the addition of three
           experts, in order to fulfil its expanded mandate, this mandate being as follows:
                (a) to continue the tasks outlined in paragraphs 3 (a) to (c) of resolution
           1587 (2005) and paragraphs 23 (a) to (c) of resolution 1844 (2008);
                 (b) to carry out additionally the tasks outlined in paragraphs 19 (a) to (d) of
           resolution 1907 (2009);
                 (c) 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;
                 (d) to investigate any means of transport, routes, seaports, airports and other
           facilities used in connection with violations of the Somalia and Eritrea arms
           embargoes;
                 (e) to continue refining and updating information on the draft list of those
           individuals and entities that engage in acts described in paragraphs 8 (a) to (c) of
           resolution 1844 (2008), 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;
                 (f) 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;
                (g) 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) and 1853 (2008);
                 (h) 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;
                (i) to assist in identifying areas where the capacities of States in the region
           can be strengthened to facilitate the implementation of the arms embargo, 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;




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                    (j) 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;
                     (k) to submit, for the Security Council’s consideration, through the
               Committee, a final report 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.    Reaffirms paragraphs 4, 5, 7, 8 and 10 of resolution 1519 (2003);
                    9.    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 dated
               5 April 2006, 16 October 2006, 17 July 2007, 24 April 2008, 10 December 2008 and
               12 March 2010 and recommend to the Council ways to improve implementation of
               and compliance with the arms embargoes as well as implementation of 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, in response to
               continuing violations;
                    10. Requests that all States, including Eritrea, other States in the region, and
               the Transitional Federal Government ensure cooperation with the Monitoring Group
               by individuals and entities within their jurisdiction or under their control;
                     11. Requests the United Nations Humanitarian Aid Coordinator for Somalia
               to report every 120 days to the Security Council on the implementation of
               paragraphs 4 and 5 above and on any impediments to the delivery of humanitarian
               assistance in Somalia, and requests relevant United Nations agencies and
               humanitarian organizations having observer status with the United Nations General
               Assembly that provide humanitarian assistance to assist the United Nations
               Humanitarian Aid Coordinator for Somalia in the preparation of such report by
               providing information relevant to paragraphs 4 and 5 above;
                    12. Urges that all parties and all States, particularly those in the region,
               including international, regional and subregional organizations, cooperate fully with
               the work of the Monitoring Group and ensure the safety of its members, and
               unhindered access, in particular to persons, documents and sites the Monitoring
               Group deems relevant to the execution of its mandate;
                    13.   Decides to remain actively seized of the matter.




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