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Resolution 2036

The situation in Somalia

Abstract

S/RES/2036 (2012)
Security Council Distr.: General
22 February 2012
12-23847 (E)
*1223847*
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,
S/RES/2036 (2012)
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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
S/RES/2036 (2012)
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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
S/RES/2036 (2012)
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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;
S/RES/2036 (2012)
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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.
S/RES/2036 (2012)
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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.

Topics
Somalia
Year
2012
Title
The situation in Somalia
Related with resolutions
751 1674 1738 1772 1844 1863 1894 1910 1950 1976 2002 2010 2020
Quoted in resolutions
2060 2067 2072 2073 2093 2111 2124 2142 2182 2232 2244 2245 2297 2317 2372 2385
Security Council Composition
CHN FRA RUS GBR USA AZE COL DEU GTM IND MAR PAK PRT TGO ZAF