S/RES/2461 (2019)
Security Council Distr.: General 27 March 2019
Resolution 2461 (2019)
Adopted by the Security Council at its 8494th meeting, on 27 March 2019
The Security Council, Recalling its previous resolutions and statements of its President on the situation in Somalia, Reaffirming its respect for the sovereignty, territorial integrity, political independence, and unity of Somalia, and underscoring the importance of working to prevent destabilizing effects of regional crises and disputes from spilling over into Somalia, Expressing serious concern at the ongoing threat posed by Al-Shabaab as well as the presence of affiliates linked to Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), condemning the recent attacks on 1 January 2019 on the United Nations (UN) compound, the attacks on 22 March and 28 February that killed and injured Somali citizens and attacks in the region, and reiterating its determination to support efforts, to reduce the threat posed by Al-Shabaab in Somalia in accordance with applicable international law, including international human rights law, international refugee law and international humanitarian law, Paying tribute to the bravery and sacrifices made by the African Union Mission in Somalia (AMISOM) and Somali security forces in the fight against Al-Shabaab, commending AMISOM and the Somalia security forces for the provision of security, and recognising that security provided by AMISOM remains critical at this stage, Emphasising the essential role of the United Nations Assistance Mission in Somalia (UNSOM) in supporting the Federal Government of Somalia and its Federal Member States through the provision of strategic advice and good offices, capacity building and the coordination of international partners’ support, and underscoring that this mandate is complementary to the mandates of AMISOM, the United Nations Country Team in Somalia and the support provided by other international partners, Commending the role of UNSOM in carrying out its mandate, reiterating its regret at the decision of the Federal Government of Somalia to expel the Special Representative of the Secretary-General (SRSG) for Somalia, Nicholas Haysom, further reiterating its expectation of full cooperation between Somalia and the UN, including the new SRSG when appointed, and in this regard welcoming the recent commitment by the Federal Government of Somalia and the UN to deepen their partnership, expressing its full support for the Deputy Special Representative of the
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Secretary-General, Raisedon Zenenga, the Special Representative of the Chairperson of the African Union Commission for Somalia and the Head of AMISOM, Francisco Caetano José Madeira; Expressing concern over continuing tension between ‘Somaliland’ and Puntland and underlining the importance of the commitment of the Federal Government of Somalia and the Federal Member States to pursue inclusive political dialogue to support the peaceful resolution of disputes that threaten internal peace and security, Underlining the centrality of an inclusive political settlement in the lead up to the 2020/21 one-person-one-vote elections and the importance of the swift implementation of the political, economic and security milestones in the jointly agreed Mutual Accountability Framework, the conditions-based transition plan with clear target dates with a view to transition of the primary responsibility for security to the Somali security institutions and forces and the implementation plan for the national security architecture, which together lay the political, development and economic milestones for the completion of the political roadmap, recognising that the Federal Government of Somalia has the primary responsibility to deliver these milestones in close cooperation with Federal Member States, underscoring the importance of effective implementation and mutual accountability, emphasising UNSOM’s central role in supporting implementation, and underlining that able, accountable, acceptable and affordable security and justice sectors, underpinned by a political settlement, are a crucial part of long-term peace in Somalia, Welcoming progress made in early 2018 by the Federal Government of Somalia on security sector, economic and political reforms, acknowledging commitments made by the Federal Government of Somalia to deepening federalism, conducting one-person-one-vote elections in 2020/2021 that are fully inclusive, credible and peaceful, ensuring the representation of all Somalis, and commitments to the current International Monetary Fund Staff-Monitored programme and a conditions-based transition plan, Expressing concern about the significant delays towards consolidating Somalia’s federal system and finalisation and adoption by the Parliament of the electoral law, calling upon the Federal Government of Somalia and Parliament to make efforts towards the finalisation of the electoral law, welcoming the Federal Government of Somalia’s recent visit to Jubbaland and underscoring the importance of progress on key priorities, including power and resource-sharing, the constitutional review, fiscal federalism, development and implementation of the legal framework for the elections, all of which require political agreements that can form the basis for legislation in the Federal Parliament, Welcoming the Federal Government of Somalia’s development in 2018 of a conditions-based transition plan with clear target dates for the progressive transfer of security from AMISOM to the Somali security institutions and forces, which builds upon the Somalia National Security Architecture endorsed on 8 May 2017 and the Security Pact adopted by the Federal Government of Somalia, Federal Members States and all international partners attending the London Somalia Conference on 11 May 2017, and welcoming some moderate progress in implementing the New Police Model, Expressing its concern that implementation of the National Security Architecture and transition plan has been delayed, stressing the importance of Somali security forces and other stakeholders meeting the conditions within the transition plan including conducting joint operations with AMISOM, consistent with AMISOM’s mandate, calling on Somali leaders to reach further political agreements on related outstanding issues to enable implementation of the National Security Architecture, and reaffirming the importance of the Comprehensive Approach to
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Security (CAS) as the key mechanism for coordinating international engagement with the Federal Government of Somalia on security sector reform, Expressing grave concern at the ongoing humanitarian crisis in Somalia as a result of the drought and protracted conflict, expressing further concern about the number of refugees and internally displaced persons (IDPs), condemning in the strongest terms attacks against humanitarian and medical personnel, welcoming the efforts by the Federal Government of Somalia, Federal Member States, the United Nations and the response and generous support by donors to the humanitarian crisis and continued support to the humanitarian response plan, encouraging further cooperation with international and national humanitarian actors to relieve immediate need and contribute to the strengthening of resilience, including for IDPs, Condemning the continued violations and abuses of human rights and violations of international humanitarian law, including those committed against children and those involving sexual and gender-based violence in conflict, recalling the 10 December 2017 UN Protection of Civilians Report and the 2017 Conclusions on Children and Armed Conflict (S/AC.51/2017/2), expressing concern over violence prior to the South-West State elections and the alleged conduct of the South-West State police forces, calling on the Federal Government of Somalia to fully investigate and hold those responsible to account, underscoring the need to respect, protect and promote human rights, end impunity, and hold accountable those responsible for violations or abuses of human rights and violations of international humanitarian law by all state and non-state actors in Somalia and reaffirming support for the United Nations’ zero tolerance on all forms of sexual exploitation and abuse; Recognising the adverse effects of climate change, ecological changes, natural disasters among other factors on the stability of Somalia, including through drought, desertification, land degradation and food insecurity, and emphasising the need for adequate risk assessments and risk management strategies by governments and the United Nations relating to these factors, and recalling its Presidential statement S/PRST/2011/15, 1. Decides to extend until 31 March 2020 UNSOM’s mandate as set out in paragraph 1 of resolution 2158 (2014); 2. Strongly condemns recent attacks by the terrorist group Al-Shabaab including attacks in the region; in regards to the terrorist attack of 1 January 2019 on the United Nations Compound in Mogadishu that injured three United Nations personnel and contractors encourages the UN to continue working on strengthening the security of the UN compound in conjunction with the Federal Government of Somalia and AMISOM; 3. Requests UNSOM to maintain and strengthen its presence in all of the Federal Member States, subject to United Nations security requirements and as the security situation allows, welcomes the strong relationship between UNSOM, the United Nations Support Office in Somalia (UNSOS), the United Nations Country Team and AMISOM, and underlines the importance of all entities continuing to strengthen the relationship further at all levels, including through the Senior Leadership Coordination Forum; 4. Expresses its deep appreciation for UNSOM’s support to the Federal Government of Somalia as set out in paragraph 1 of resolution 2158 (2014) and in particular with regard to the development of an inclusive political settlement and preparations for the inclusive one-person-one-vote elections in 2020/2021, state-level elections, the constitutional review process, mediation, prevention and resolution of conflicts, the development of an independent police and federal justice system,
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strengthening the rule of law and security sector reform, and coordinating capacitybuilding support on anti-corruption issues; 5. Urges the Federal Government of Somalia and the Federal Member States to accelerate the Somali Government-led inclusive political settlement through regular high-level dialogue between the Federal Government of Somalia and the Federal Member States, through the National Security Council Mechanism, with Parliament and through inclusive dialogue, and further requests UNSOM’s support in this regard; 6. Emphasises the need for reconciliation, including inter-and intra-clan reconciliation, across the country as the basis of a long-term approach to stability, urges the Federal Government of Somalia and the Federal Member States to pursue reconciliation talks at the local, regional and national level, acknowledges progress made towards the finalisation of the National Reconciliation Framework, and calls upon the Federal Government of Somalia and the South-West State to address allegations of human rights violations and abuses prior to the South-West State elections, urges resumption of the dialogue between the Federal government and “Somaliland”, and requests UNSOM to continue supporting these efforts in close cooperation with partners; 7. Welcomes the Baidoa Agreement on 5 June 2018 between the Federal Government of Somalia and the Federal Member States on a system of representation, and the establishment of the National Independent Electoral Commission (NIEC) offices at sub-national level and urges the Federal Government of Somalia and Parliament to finalise and adopt the electoral law by mid-2019 and ensure the upcoming Federal Member States’ elections are conducted in accordance with Somalia’s international obligations and commitments; 8. Underlines the importance of UNSOM’s political and technical support, as well as operational and logistical support, in collaboration with UNSOS, to the Federal Government of Somalia for the delivery of inclusive, peaceful, free and fair one-person-one-vote elections in 2020/2021, in particular support to the NIEC at national and sub-national levels to fulfil its constitutional mandate, in line with its Strategic Plan for 2017–2021, including nationwide voter registration by the end of the first quarter of 2020, polling operations and coordination of international electoral support to Somalia; 9. Reaffirms the importance of the full, equal and effective participation of all Somalis, including women, youth, persons with disabilities, IDPs and refugees in the prevention and resolution of conflicts, peacebuilding and elections, urges the Federal Government of Somalia and Federal Member States to increase representation and participation of women and youth at all decision-making levels and requests UNSOM to continue to provide technical advice and capacity in this regard; 10. Welcomes the progress made by the Federal Government of Somalia to meet the requirements of the ongoing IMF Staff Monitored Programme, encourages the Federal Government of Somalia to continue to fulfil its commitments to sound, transparent and accountable financial management including revenue mobilisation, resource allocation, budget execution, and anti-corruption measures, as set out in the New Partnership for Somalia, urges the Federal Government of Somalia and the Federal Member States to establish frameworks for managing resources and power sharing, and requests UNSOM to continue to work with partners to provide support and strategic policy advice to bolster the Government’s ability to deliver services, attract investment, and help advance Somalia along the path towards normalisation with International Financial Institutions and debt relief;
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11. Urges the Federal Government of Somalia and the Federal Member States to accelerate implementation of key security sector reforms, with the support of UNSOM, international partners AMISOM and UNSOS, including a coherent National Security Architecture, with a military and civilian component, urges the Federal Government of Somalia to resume the implementation of the transition plan with clear target dates for the progressive transfer of security from AMISOM to the Somali security institutions and forces, to generate and integrate regional and federal forces that are able, affordable, acceptable and accountable and establish effective and accountable rule of law institutions, with a view to taking on lead responsibility for providing inclusive security, reminds the Federal Government of Somali and Federal Member States of their commitments to engage in regular dialogue on security sector reforms and underlines the importance of investing in effective and accountable rule of law institutions; 12. Welcomes the completion by the Federal Government of Somalia of the operational readiness assessment of regional forces, and the completion of the biometric registration of the Somali National Army which has enabled regular salary payments by the Federal Government of Somalia and further welcomes some progress on the implementation of the New Police Model; 13. Further underlines the importance of collaboration between the Federal Government of Somalia and international partners in the delivery of agreed, somaliled political and security reforms, welcomes commitments by international partners, including new donors, to provide support, consistent with the Security Pact agreed at the London Somalia Conference, acknowledging that mutually agreed partnership coordination mechanisms remain essential for agreeing priorities and coordinating resources and support, calls upon the Federal Government of Somalia to revitalise the coordination structures along the Comprehensive Approach to Security, and requests UNSOM to support through coordination and strategic advice in order to accelerate implementation of the Comprehensive Approach to Security; 14. Calls upon the Federal Government of Somalia, UNSOM and UNSOS to continue and strengthen their cooperation in implementing the UN’s Human Rights Due Diligence Policy (HRDDP), requests UNSOM to support United Nations entities to ensure system-wide implementation of the HRDDP across all United Nations support to AMISOM and the Somali security sector, to include a strong focus on strengthening engagement with the Federal Government of Somalia, including on mitigation measures; 15. Emphasises the vital importance of ensuring that all steps towards security sector reform and any measures taken to counter terrorism are compliant with Somalia’s obligations under international law, in particular international human rights law, international humanitarian law and international refugee law, as applicable, including with respect to ending and preventing recruitment, re-recruitment and the use of children in armed conflict, requests UNSOM, in coordination with international partners, to continue its support to the Federal Government of Somalia’s implementation of Somalia’s National Strategy and Action Plan for Preventing and Countering Violent Extremism in order to strengthen Somalia’s capacity to prevent and counter terrorism, and calls upon Somalia to become party to the international counter-terrorism conventions and protocols; 16. Expresses its concern about all violations of international humanitarian law and violations and abuses of human rights, including those involving sexual and gender-based violence in conflict, including by Al-Shabaab and affiliates linked to the Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), calls on all parties to comply with their obligations under international law and to fulfil their obligations under international humanitarian law, as applicable, and to take all
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feasible precautions to protect the civilian population and to avoid or, in any event to minimise, civilian deaths and casualties, and further reiterates the urgent and imperative need to hold accountable all those responsible for such violations and abuses; 17. Strongly condemns continued violations and abuses against children including the continued recruitment and use of children, rape and sexual violence and abduction, especially by Al-Shabaab in Somalia, urging all parties to the conflict to take appropriate measures to end and prevent further such violations and abuses, and to identify those responsible for such violations and abuses, to consider as victims those children who have been released or otherwise separated from armed forces and armed groups, to cease detention of all children on national security charges where it is in violation of applicable international law, calls upon the Federal Government of Somalia to implement fully the UN Convention on the Rights of the Child 1989 (the Convention), and the Action Plans signed in 2012, the Somali National Army Command Order on the Protection of Children’s Rights before, during and after operations and the Standard Operating Procedures on the handover of children, and underscores the need to strengthen the legal and operational framework for the protection of children, including by becoming a party to the Optional Protocols to the Convention; 18. Commends the efforts of the Federal Government of Somalia, Federal Member States, the United Nations humanitarian agencies and their humanitarian partners in delivering aid to those most in need, encourages all partners including donors to maintain humanitarian efforts in 2019, strongly condemns any misuse or obstruction of humanitarian assistance, including attacks against humanitarian and medical personnel, reiterates its demand that all parties allow and facilitate full, safe, rapid and unhindered access for the timely delivery of aid to persons in need across Somalia in line with the humanitarian principles, including by dismantling illegal checkpoints and removing administrative hurdles, and underlines the importance of proper accounting in international humanitarian support; 19. Expresses its serious concern at the ongoing forced evictions of IDPs in Somalia, stresses that any eviction should be consistent with relevant national and international frameworks, calls upon the Federal Government of Somalia and the Federal Member States and all relevant actors to implement durable solutions for internal displacement, and to create the conditions conducive to the voluntary, safe, dignified and sustainable return of refugees and IDPs with the support of the international community; 20. Commends the Federal Government of Somalia for signing the Convention on the Rights of Persons with Disabilities and the signing into law of the National Disability Agency Bill in December 2018, underlines the need for the Federal Government of Somalia to accelerate the appointment of the National Human Rights Commissioners on the basis of merit, the establishment of the Constitutional Court and the operationalisation of the Judicial Service Commission, calls on the Federal Government of Somalia to implement legislation aimed at protecting human rights and investigating and prosecuting perpetrators of crimes involving violations or abuses of human rights, violations of international humanitarian law, and conflictrelated sexual and gender-based violence, urges the Federal Government of Somalia, with the support of the United Nations, to accelerate the implementation of the Joint Communiqué and the National Action Plan to Combat Sexual Violence in Conflict and requests UNSOM to continue to provide technical advice and capacity-building support to the National Human Rights Commission, and support the Federal Government of Somalia to promote and protect human rights in Somalia;
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21. Requests the United Nations and the Federal Government of Somalia and the Federal Member States to consider the adverse implications of climate change, other ecological changes and natural disasters, among other factors, in their programmes in Somalia, including by undertaking risk assessments and risk management strategies relating to these factors and further requests the SecretaryGeneral to provide information of such assessments in mandated reporting as appropriate; 22. Requests the Secretary-General to keep the Security Council regularly informed on the implementation of this resolution, identify and report on progress towards achieving key political benchmarks, including through oral updates and no fewer than four written reports, with the first written report by 15 May 2019 and every 90 days thereafter; 23. Decides to remain actively seized of the matter.