Abstract
S/RES/2060 (2012)
Security Council Distr.: General
25 July 2012
12-43897 (E)
*1243897*
Resolution 2060 (2012)
Adopted by the Security Council at its 6814th meeting, on
25 July 2012
The Security Council,
Reaffirming its previous resolutions and the statements of its President
concerning the situation in Somalia, and concerning Eritrea, in particular resolutions
733 (1992), which established an embargo on all delivery of weapons and military
equipment to Somalia (hereafter referred to as the “… [read more]Somalia arms embargo”), and
resolution 2036 (2012),
Taking note of the final reports of the Monitoring Group (S/2012/544 and
S/2012/545) dated 27 June 2012 submitted pursuant to paragraph 6 (m) of resolution
2002 (2011) and the observations and recommendations contained therein,
Reaffirming its respect for the sovereignty, territorial integrity, political
independence and unity of Somalia, Djibouti and Eritrea respectively,
Urging the Somali Transitional Federal Institutions (TFIs) and all Roadmap
signatories to redouble their efforts to fully implement the Roadmap with the
support of the United Nations Political Office for Somalia (UNPOS) and the
international community, and reiterating that the Transition will not be extended
beyond 20 August 2012, in keeping with the Transitional Federal Charter, Djibouti
Agreement, Kampala Accord, and subsequent consultative meetings,
Expressing concern at the continued missing of deadlines in the political
transition, and noting the primary importance of the transition process, reaffirming
the importance of preventing further obstacles to the transition process,
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) (hereafter referred to as the
“Eritrea arms embargo”), as a serious threat to peace and stability in the region,
Deploring all acts of violence, abuses and violations, including sexual and
gender-based violence, committed against civilians, including children, in violation
of applicable international law, strongly condemning the recruitment of child
soldiers, and strongly urging that the Transitional Federal Government (TFG) and
its post-transition successors vigorously follow through with the Action Plan on
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recruitment and use of child soldiers, signed on 3 July 2012, and stressing that the
perpetrators must be brought to justice,
Recalling the Informal Working Group on General Issues of Sanctions report
(S/2006/997) on best practices and methods, including paragraphs 21, 22 and 23 that
discuss possible steps for clarifying methodological standards for monitoring
mechanisms,
Reaffirming the need for both the Somali authorities and donors to be mutually
accountable and transparent in the allocation of financial resources, by encouraging
the application of international standards on fiscal transparency, including through
the proposed Joint Financial Management Board, in this context expressing concern
at the worrying reports on financial transparency,
Determining that the situation in Somalia, Eritrea’s influence 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. Recalls resolution 1844 (2008) which imposed targeted sanctions and
resolution 2002 (2011) which expanded the listing criteria, and noting one of the
listing criteria under resolution 1844 is engaging in or providing support for acts
that threaten the peace, security or stability of Somalia, including acts that threaten
the Djibouti Agreement of 18 August 2008 or the political process, or threaten the
TFIs and their post-transition successors, or the African Union Mission in Somalia
(AMISOM) by force;
2. Recalls that engaging in or providing support for acts that threaten the
peace, security or stability of Somalia may include, but are not limited to:
(a) Engaging in the direct or indirect export or import of charcoal from
Somalia, in line with paragraphs 22 and 23 of resolution 2036 (2012);
(b) Engaging in any non-local commerce via Al-Shabaab controlled ports,
which constitutes financial support for a designated entity;
(c) Misappropriating financial resources which undermines the Transitional
Federal Institutions’ and their post-transition successors’ ability to fulfil their
obligations in delivering services within the framework of the Djibouti Agreement;
3. Considers that such acts may also include, but are not limited to,
engaging in or providing support for acts which obstruct or undermine the transition
process in Somalia;
4. Welcomes the recommendation of the Somalia and Eritrea Monitoring
Group to set up a Joint Financial Management Board to improve financial
management, transparency and accountability of Somalia’s public resources, reiterates
its call for the end of the misappropriation of financial funds and for full cooperation
in the rapid setting up and effective operation of the Joint Financial Management
Board, and notes the importance of capacity-building of the relevant Somali
institutions;
5. Underscores the importance of humanitarian aid operations, condemns
any politicization of humanitarian assistance, or misuse or misappropriation, and
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calls upon Member States and the United Nations to take all feasible steps to
mitigate these aforementioned practices in Somalia;
6. Demands that all parties ensure full, safe and unhindered access for the
timely delivery of humanitarian aid to persons in need of assistance across Somalia,
in accordance with humanitarian principles of impartiality, neutrality, humanity and
independence, underlines its concern at the humanitarian situation in Somalia, urges
all parties and armed groups to take appropriate steps to ensure the safety and
security of humanitarian personnel and supplies, and expresses its readiness to apply
targeted sanctions against individuals and entities if they meet the listing criteria set
out in resolutions 1844 (2008) and 2002 (2011);
7. 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, and their
implementing partners including bilaterally or multilaterally funded NGOs
participating in the United Nations Consolidated Appeal for Somalia;
8. Requests the Emergency Relief Coordinator to report to the Security
Council by 20 November 2012 and again by 20 July 2013 on the implementation of
paragraphs 5, 6 and 7 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 and their implementing partners that provide humanitarian assistance in
Somalia to increase their cooperation and willingness to share information with the
United Nations Humanitarian Aid Coordinator for Somalia in the preparation of
such report and in the interests of increasing transparency and accountability by
providing information relevant to paragraphs 5, 6 and 7 above;
9. Requests enhanced cooperation, coordination and information sharing
between the Monitoring Group and the humanitarian organizations operating in
Somalia and neighbouring countries;
10. Decides that measures imposed by paragraph 5 of resolution 733 (1992)
and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002) shall
not apply to supplies of weapons and military equipment, or the provision of
assistance, solely for the support of or use by the United Nations Political Office for
Somalia, as approved in advance by the Committee established pursuant to
resolution 751 (1992);
11. Decides that the Eritrea arms embargo imposed by paragraph 5 of
resolution 1907 (2009) shall not apply to protective clothing including flak jackets
and military helmets, temporarily exported to Eritrea by United Nations personnel,
representatives of the media and humanitarian and development workers and
associated personnel for their personal use only;
12. Decides also that the measures imposed by paragraph 5 of resolution
1907 (2009) shall not apply to supplies of non-lethal military equipment intended
solely for humanitarian or protective use, as approved in advance by the Committee;
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13. Decides to extend until 25 August 2013 the mandate of the Monitoring
Group referred to in paragraph 3 of resolution 1558 (2004), extended by subsequent
resolutions including by resolutions 2002 (2011), 2023 (2011) and 2036 (2012),
expresses its intent to review the mandate and take appropriate action regarding the
further extension no later than 25 July 2013 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 thirteen months from the date of
this resolution, drawing, as appropriate, on the expertise of the members of the
Monitoring Group established pursuant to previous resolutions, including resolution
2002 (2011), and consistent with resolution 1907 (2009), resolution 2023 (2011) and
resolution 2036 (2012), this mandate being as follows:
(a) To assist the Committee in monitoring the implementation of the
measures imposed in paragraphs 1, 3 and 7 of 1844 (2008), including by reporting
any information on violations; to include in its reports to the Committee any
information relevant to the potential designation of the individuals and entities
described in paragraph 1 above;
(b) To assist the Committee in compiling narrative summaries, referred to in
paragraph 14 of resolution 1844 (2008), of individuals and entities designated
pursuant to paragraph 1 above;
(c) To investigate any seaport operations in Somalia that may generate
revenue for Al-Shabaab, an entity designated by the Committee for meeting the
listing criteria in resolution 1844 (2008);
(d) To continue the tasks outlined in paragraphs 3 (a) to (c) of resolution
1587 (2005), paragraphs 23 (a) to (c) of resolution 1844 (2008), and paragraphs 19 (a)
to (d) of resolution 1907 (2009);
(e) 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;
(f) To investigate any means of transport, routes, seaports, airports and other
facilities used in connection with violations of the Somalia and Eritrea arms
embargoes;
(g) To continue refining and updating information on the draft list of those
individuals and entities that engage in acts described in paragraph 1 above, 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;
(h) 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;
(i) 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, S/2010/91 and S/2011/433)
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12-43897 5
appointed pursuant to resolutions 1519 (2003), 1558 (2004), 1587 (2005), 1630
(2005), 1676 (2006), 1724 (2006), 1766 (2007), 1811 (2008), 1853 (2008), 1916
(2010) and 2002 (2011);
(j) 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;
(k) To assist in identifying areas where the capacities of States in the region
can be strengthened to facilitate the implementation of 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;
(l) 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;
(m) To submit, for the Security Council’s consideration, through the
Committee, two final reports; one focusing on Somalia, the other on Eritrea,
covering all the tasks set out above, no later than thirty days prior to the termination
of the Monitoring Group’s mandate;
14. Further requests the Secretary-General to make the necessary financial
arrangements to support the work of the Monitoring Group;
15. 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 and
recommend to the Council ways to improve the implementation of and compliance
with the Somalia and Eritrea arms embargoes, the measures regarding the import
and export of charcoal from Somalia, as well as implementation of the targeted
measures imposed by paragraphs 1, 3 and 7 of resolution 1844 (2008) and
paragraphs 5, 6, 8, 10, 12 and 13 of resolution 1907 (2009) taking into account
paragraph 1 above, in response to continuing violations;
16. Urges all parties and all States, including Eritrea, other States in the region,
and the Transitional Federal Government, and its post-transition successor, as well as
international, regional and subregional organizations, to ensure cooperation with the
Monitoring Group, and ensure the safety of the members of the Monitoring Group,
and unhindered access, in particular to persons, documents and sites the Monitoring
Group deems relevant to the execution of its mandate;
17. Decides to remain actively seized of the matter. [^]