Security Council resolution 1907 (2009) [on arms embargo against Eritrea and on expansion of the mandate of the Security Council Committee Established pursuant to Resolution 751 (1992)]
Symbol: S/RES/1907(2009)
Date: 2009-12-23
Status: adopted
Agenda: S/64 [207] DJIBOUTI--ERITREA
S/64 [84] SOMALIA SITUATION
S/64 [100] AFRICA--REGIONAL SECURITY
Subjects: Somalia. Transitional Federal Government|UN. Security Council Committee Established pursuant to Resolution 751 (1992) concerning Somalia|UN. Monitoring Group Established pursuant to Security Council Resolution 1519 (2003) and 1907 (2009)|Charter of the United Nations (1945)|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|TRAVEL RESTRICTIONS|FROZEN ASSETS|ERITREA|ARMS EMBARGO|INTERNAL SECURITY|SOMALIA|BORDER INCIDENTS|DJIBOUTI|ERITREA|SOMALIA SITUATION|SANCTIONS COMPLIANCE|REGIONAL SECURITY|EAST AFRICA|DISPUTE SETTLEMENT|TROOP WITHDRAWAL|GOOD OFFICES|WAR CRIMINALS|ARMS TRANSFERS|TECHNICAL COOPERATION|FINANCIAL ASSISTANCE|REPORT PREPARATION|NOTIFICATION (INTERNATIONAL RELATIONS)|COORDINATION WITHIN UN SYSTEM|ILLICIT ARMS TRAFFICKING|FINANCIAL ASSISTANCE|CARGO SHIPS|AIRCRAFT|SHIP INSPECTION|AIRPORTS
Votes in favour: 13
Votes against: 1
Abstentions: 1
Voting record:
country: AUSTRIA
vote: yes
country: BURKINA FASO
vote: yes
country: CHINA
vote: abstention
country: COSTA RICA
vote: yes
country: CROATIA
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: LIBYAN ARAB JAMAHIRIYA
vote: no
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/1907 (2009)
               Security Council                                                 Distr.: General
                                                                                23 December 2009




               Resolution 1907 (2009)
               Adopted by the Security Council at its 6254th meeting, on
               23 December 2009

                    The Security Council,
                     Recalling its previous resolutions and statements of its President concerning
               the situation in Somalia and the border dispute between Djibouti and Eritrea, in
               particular its resolutions 751 (1992), 1844 (2008), and 1862 (2009), and its
               statements of 18 May 2009 (S/PRST/2009/15), 9 July 2009 (S/PRST/2009/19),
               12 June 2008 (S/PRST/2008/20),
                    Reaffirming its respect for the sovereignty, territorial integrity, and political
               independence and unity of Somalia, Djibouti and Eritrea, respectively,
                    Expressing the importance of resolving the border dispute between Djibouti
               and Eritrea,
                     Reaffirming that the Djibouti Agreement and Peace Process represent the basis
               for a resolution of the conflict in Somalia, and further reaffirming its support for the
               Transitional Federal Government (TFG),
                    Noting the decision of the 13th Assembly of the African Union (AU) in Sirte,
               Libya, calling on the Council to impose sanctions against foreign actors, both within
               and outside the region, especially Eritrea, providing support to the armed groups
               engaged in destabilization activities in Somalia and undermining the peace and
               reconciliation efforts as well as regional stability (S/2009/388),
                    Further noting the decision of the 13th Assembly of the AU in Sirte, Libya
               expressing its grave concern at the total absence of progress regarding the
               implementation by Eritrea of, inter alia, resolution 1862 (2009) regarding the border
               dispute between Djibouti and Eritrea (S/2009/388),
                     Expressing its grave concern at the findings of the Monitoring Group
               re-established by resolution 1853 (2008) as outlined in its December 2008 report
               (S/2008/769) that Eritrea has provided political, financial and logistical support to
               armed groups engaged in undermining peace and reconciliation in Somalia and
               regional stability,
                    Condemning all armed attacks on TFG officials and institutions, the civilian
               population, humanitarian workers and the African Union Mission to Somalia
               (AMISOM) personnel,

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                    Expressing its grave concern at Eritrea’s rejection of the Djibouti Agreement, as
               noted in the letter of 19 May 2009, from the Permanent Representative of Eritrea to
               the United Nations addressed to the President of the Security Council (S/2009/256),
                     Recalling its resolution 1844 (2008) in which it decided to impose measures
               against individuals or entities designated as engaging in or providing support to acts
               that threaten peace, security and stability in Somalia, acting in violation of the arms
               embargo or obstructing the flow of humanitarian assistance to Somalia,
                   Expressing its appreciation of the contribution of AMISOM to the stability of
               Somalia, and further expressing its appreciation for the continued commitment to
               AMISOM by the Governments of Burundi and Uganda,
                    Reiterating its intention to take measures against those who seek to prevent or
               block the Djibouti Peace Process,
                     Expressing its deep concern that Eritrea has not withdrawn its forces to the
               status quo ante, as called for by the Security Council in its resolution 1862 (2009)
               and the statement of its President dated 12 June 2008 (S/PRST/2008/20),
                     Reiterating its serious concern at the refusal of Eritrea so far to engage in
               dialogue with Djibouti, or to accept bilateral contacts, mediation or facilitation
               efforts by sub-regional or regional organizations or to respond positively to the
               efforts of the Secretary-General,
                     Taking note of the letter of the Secretary-General issued on 30 March 2009
               (S/2009/163), and the subsequent briefings by the Secretariat on the Djibouti-Eritrea
               conflict,
                    Noting that Djibouti has withdrawn its forces to the status quo ante and
               cooperated fully with all concerned, including the United Nations fact-finding
               mission and the good offices of the Secretary-General,
                     Determining that Eritrea’s actions undermining peace and reconciliation in
               Somalia as well as the dispute between Djibouti and Eritrea constitute a threat to
               international peace and security,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.    Reiterates that all Member States, including Eritrea, shall comply fully
               with the terms of the arms embargo imposed by paragraph 5 of resolution 733
               (1992), as elaborated and amended by resolutions 1356 (2001), 1425 (2002), 1725
               (2006), 1744 (2007) and 1772 (2007) on Somalia and the provisions of resolution
               1844 (2008);
                     2.    Calls upon all Member States, including Eritrea, to support the Djibouti
               Peace Process and support reconciliation efforts by the TFG in Somalia, and
               demands that Eritrea cease all efforts to destabilize or overthrow, directly or
               indirectly, the TFG;
                    3.   Reiterates its demand that Eritrea immediately comply with resolution
               1862 (2009) and:
                    (i) Withdraw its forces and all their equipment to the positions of the status
                    quo ante, and ensure that no military presence or activity is being pursued in
                    the area where the conflict occurred in Ras Doumeira and Doumeira Island in
                    June 2008;


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                (ii) Acknowledge its border dispute with Djibouti in Ras Doumeira and
                Doumeira Island, engage actively in dialogue to defuse the tension and engage
                also in diplomatic efforts leading to a mutually acceptable settlement of the
                border issue; and,
                (iii) Abide by its international obligations as a Member of the United Nations,
                respect the principles mentioned in Article 2, paragraphs 3, 4, and 5, and
                Article 33 of the Charter, and cooperate fully with the Secretary-General, in
                particular through his proposal of good offices mentioned in paragraph 3 of
                resolution 1862 (2009);
                4.    Demands that Eritrea make available information pertaining to
           Djiboutian combatants missing in action since the clashes of 10 to 12 June, 2008 so
           that those concerned may ascertain the presence and condition of Djiboutian
           prisoners of war;
                 5.    Decides that all Member States shall immediately take the necessary
           measures to prevent the sale or supply to Eritrea by their nationals or from their
           territories or using their flag vessels or aircraft, of arms and related materiel of all
           types, including weapons and ammunition, military vehicles and equipment,
           paramilitary equipment, and spare parts for the aforementioned, and technical
           assistance, training, financial and other assistance, related to the military activities
           or to the provision, manufacture, maintenance or use of these items, whether or not
           originating in their territories;
                 6.    Decides that Eritrea shall not supply, sell or transfer directly or indirectly
           from its territory or by its nationals or using its flag vessels or aircraft any arms or
           related materiel, and that all Member States shall prohibit the procurement of the
           items, training and assistance described in paragraph 5 above from Eritrea by their
           nationals, or using their flag vessels or aircraft, whether or not originating in the
           territory of Eritrea;
                 7.   Calls upon all Member States to inspect, in their territory, including
           seaports and airports, in accordance with their national authorities and legislation,
           and consistent with international law, all cargo to and from Somalia and Eritrea, if
           the State concerned has information that provides reasonable grounds to believe the
           cargo contains items the supply, transfer, or export of which is prohibited by
           paragraphs 5 and 6 of this resolution or the general and complete arms embargo to
           Somalia established pursuant to paragraph 5 of resolution 733 (1992) and elaborated
           and amended by subsequent resolutions for the purpose of ensuring strict
           implementation of those provisions;
                 8.    Decides to authorize all Member States to, and that all Member States
           shall, upon discovery of items prohibited by paragraphs 5 and 6 above, seize and
           dispose (either by destroying or rendering inoperable) items the supply, sale,
           transfer, or export of which is prohibited by paragraphs 5 and 6 of this resolution
           and decides further that all Member States shall cooperate in such efforts;
                9.    Requires any Member State when it finds items the supply, sale, transfer,
           or export of which is prohibited by paragraphs 5 and 6 of this resolution to submit
           promptly a report to the Committee containing relevant details, including the steps
           taken to seize and dispose of the items;




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                     10. Decides that 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 resolution 751 (1992) and expanded by
               resolution 1844 (2008) (herein “the Committee”) pursuant to the criteria in
               paragraph 15 below, provided that nothing in this paragraph shall oblige a state to
               refuse entry into its territory to its own nationals;
                    11.   Decides that the measures imposed by paragraph 10 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; or,
                    (b) where the Committee determines on a case-by-case basis that an
               exemption would otherwise further the objectives of peace and stability in the
               region;
                     12. Decides that all Member States shall take the necessary measures to
               prevent the direct or indirect supply, sale or transfer by their nationals or from their
               territories or using their flag vessels or aircraft of arms and related materiel of all
               types, including weapons and ammunition, military vehicles and equipment,
               paramilitary equipment, and spare parts for the aforementioned and the direct or
               indirect supply of technical assistance or training, financial and other assistance
               including investment, brokering or other financial services, related to military
               activities or to the supply, sale, transfer, manufacture, maintenance or use of
               weapons and military equipment, to the individuals or entities designated by the
               Committee pursuant to paragraph 15 below;
                     13. Decides that all Member States shall freeze without delay the funds,
               other financial assets and economic resources which are on their territories on the
               date of adoption of this resolution or at any time thereafter, that are owned or
               controlled, directly or indirectly, by the entities and individuals designated by the
               Committee pursuant to paragraph 15 below, or by individuals or entities acting on
               their behalf or their direction, and decides further that all Member States shall
               ensure that no funds, financial assets or economic resources are made available by
               their nationals or by any individuals or entities within their territories to or for the
               benefit of such individuals or entities;
                     14. Decides that the measures imposed by paragraph 13 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,
               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 Member State to the Committee of the intention to
               authorize, where appropriate, access to such funds, other financial assets or
               economic resources, and in the absence of a negative decision by the Committee
               within three working days of such notification;




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                (b) to be necessary for extraordinary expenses, provided that such
           determination has been notified by the relevant Member State(s) to the Committee
           and has been approved by the Committee; or
                 (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 pursuant to paragraph 13 above, and has been notified by the relevant
           Member State(s) to the Committee;
                 15. Decides that the provisions of paragraph 10 above shall apply to
           individuals, including but not limited to the Eritrean political and military
           leadership, and that the provisions of paragraphs 12 and 13 above shall apply to
           individuals and entities, including but not limited to Eritrean political and military
           leadership, governmental, and parastatal entities, and entities privately owned by
           Eritrean nationals living within or outside of Eritrean territory, designated by the
           Committee:
                (a)   as violating the measures established by paragraphs 5 and 6 above;
                 (b) as providing support from Eritrea to armed opposition groups which aim
           to destabilize the region;
                (c) as obstructing implementation of resolution 1862 (2009) concerning
           Djibouti;
                 (d) as harbouring, financing, facilitating, supporting, organizing, training, or
           inciting individuals or groups to perpetrate acts of violence or terrorist acts against
           other States or their citizens in the region;
                (e)   as obstructing the investigations or work of the Monitoring Group;
                 16. Demands that all Member States, in particular Eritrea, cease arming,
           training, and equipping armed groups and their members including al-Shabaab, that
           aim to destabilize the region or incite violence and civil strife in Djibouti;
                17. Demands Eritrea cease facilitating travel and other forms of financial
           support to individuals or entities designated by the Committee and other Sanctions
           Committees, in particular the Committee established pursuant to resolution 1267
           (1999), in line with the provisions set out in the relevant resolutions;
                 18. Decides to further expand the mandate of the Committee to undertake the
           additional tasks:
                (a) To monitor, with the support of the Monitoring Group, the
           implementation of the measures imposed in paragraphs 5, 6, 8, 10, 12 and 13 above;
                (b) To designate those individuals or entities subject to the measures
           imposed by paragraphs 10, 12 and 13 above, pursuant to criteria set forth in
           paragraph 15 above;
                (c) To consider and decide upon requests for exemptions set out in
           paragraphs 11 and 14 above;
                (d)   To update its guidelines to reflect its additional tasks;




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                     19. Decides to further expand the mandate of the Monitoring Group
               re-established by resolution 1853 (2008) to monitor and report on implementation of
               the measures imposed in this resolution and undertake the tasks outlined below, and
               requests the Secretary-General to make appropriate arrangements for additional
               resources and personnel so that the expanded Monitoring Group may continue to
               carry out its mandate, and in addition:
                    (a) Assist the Committee in monitoring the implementation of the measures
               imposed in paragraphs 5, 6, 8,10, 12 and 13 above, including by reporting any
               information on violations;
                    (b) Consider any information relevant to implementation of paragraphs 16
               and 17 above that should be brought to the attention of the Committee;
                    (c) Include in its reports to the Security Council any information relevant to
               the Committee’s designation of the individuals and entities described in paragraph
               15 above;
                    (d) Coordinate as appropriate with other Sanctions Committees’ panels of
               experts in pursuit of these tasks;
                    20. Calls upon all Members States to report to the Security Council within
               120 days of the adoption of this resolution on steps they have taken to implement
               the measures outlined in the paragraphs 5, 6, 10, 12 and 13 above;
                     21. Affirms that it shall keep Eritrea’s actions under review and that it shall
               be prepared to adjust the measures, including through their strengthening,
               modification, or lifting, in light of Eritrea’s compliance with the provisions of this
               resolution;
                   22. Requests the Secretary-General to report within 180 days on Eritrea’s
               compliance with the provisions of this resolution;
                    23.   Decides to remain actively seized of the matter.




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