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Resolution 2705

The situation in Somalia (UNSOM).

Abstract

Resolution 2705 (2023)
Adopted by the Security Council at its 9463rd meeting, on 31 October 2023
The Security Council,
Recalling all 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,
Underlining the importance of consolidating the peace and security gains made in Somalia,
Commending the support provided by the African Union, the European Union and donors, through the African Union Transition Mission in Somalia (ATMIS), the United Nations, through the United Nations Assistance Mission in Somalia (UNSOM), the United Nations Support Office in Somalia (UNSOS) and through its agencies, funds and programmes, by the Panel of Experts on Somalia both to Somalia and the 751 Committee and by Somalia’s bilateral partners,
Emphasising its fundamental objective is to maintain peace and stability in Somalia by supporting state-building and peace-building, and through the advancement of Somalia’s national priorities,
Emphasising the importance of effective and integrated support from the United Nations system and the international community for long-term peace, including through strengthening the capacity building of the Federal Government of Somalia (FGS), to achieve peace, stability, and prosperity, and support the achievement of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals, and the African Union’s Agenda 2063,
Reiterating the importance of inclusive dialogue and local reconciliation processes for stability in Somalia, and underscoring that the full, equal and meaningful participation of women will help to progress national priorities, and support reconciliation, security and transition from international security support, in line with the Somalia Transition Plan (STP) and National Security Architecture,
Encouraging resumption of dialogue between the FGS and “Somaliland” to build confidence, strengthen political coordination, and advance the state-building agenda,
Expressing its concern about the situation in Laascaanood, situated in the Sool region of Northern Somalia, and surrounding areas, calling on all parties to continue to exercise restraint and encouraging peaceful dispute resolution, and recalling its Press Statement of 7 June 2023 welcoming the efforts and initiatives of the FGS, Ethiopia and clan elders,
Encouraging the FGS to continue engaging with the United Nations Peacebuilding Commission to enhance international support for Somalia’s peace-building objectives, noting the potential of international cooperation and support for peacebuilding and post-conflict reconstruction and development in Somalia, if provided in line with priorities defined by the FGS, and further noting in this regard the African Union Post-Conflict Reconstruction and Development (AUPCRD) policy and the AUPCRD dedicated centre in Cairo,
Expressing grave concern that Al-Shabaab continues to pose a serious threat to the peace, security and stability of Somalia and the region, condemning in the strongest possible terms terrorist attacks in Somalia and neighbouring states, expressing deep concern about the loss of civilian life from these attacks, reiterating its determination to support comprehensive efforts to reduce the threat posed by Al-Shabaab, and further expressing concern about the continued presence in Somalia of affiliates linked to ISIL/Da’esh,
Underscoring the importance of a holistic, whole-of-government and whole-of-society approach, including the full participation of women, to counter terrorism and violent extremism conducive to terrorism, conducted in accordance with applicable international law, as well as efforts to address the governance, security, human rights, humanitarian, development and socioeconomic dimensions of the problem, including youth employment and the eradication of poverty, and emphasising the importance of regional and international cooperation to counter terrorism, disrupt terrorist finances and illicit financial flows and stop arms trafficking,
Expressing serious concern about the humanitarian situation in Somalia, encouraging States to scale-up their humanitarian support to Somalia, and calling for all parties to the conflict to allow and facilitate, in accordance with relevant provisions of international law, including applicable international humanitarian law, and in a manner consistent with the United Nations guiding principles of humanitarian emergency assistance (United Nations General Assembly resolution 46/182), including humanity, neutrality, impartiality and independence, the rapid and unhindered provision of humanitarian assistance necessary to support persons in need across Somalia,
Strongly condemning the targeting of civilians, including humanitarian personnel, and any unlawful attacks against civilian objects in situations of conflict, as well as the indiscriminate use of weapons, in particular in densely populated areas, and their consequences for the civilian population, calling upon all parties to the conflict to refrain from such practices in accordance with their obligations under international law, including international humanitarian law,
Expressing deep concern at the serious threat posed by improvised explosive devices (IEDs), explosive remnants of war, and the proliferation of weapons and ammunition, to the civilian population of Somalia, United Nations personnel, African Union troops, and national security forces, which have serious and lasting social and economic consequences, impede sustainable development and inhibit state-building and stabilisation efforts,
Encouraging coordination between the FGS, Somalia’s Federal Member States (FMS), donors and OCHA, as appropriate, to ensure distribution of humanitarian aid, including in-kind aid, is gender- and age-sensitive and responsive to the different needs of the population, and targets appropriately those in vulnerable situations, which may face specific barriers in accessing assistance and protection,
Commending the FGS’ development of its National Adaption Plan Framework, recognising the adverse effects of climate change, environmental degradation, other ecological changes, and natural disasters, among other factors on the humanitarian situation and stability of Somalia, including through floods, drought, desertification, food insecurity, and land degradation, and recalling its Presidential Statement S/PRST/2011/15,
Recalling resolution 2417 (2018) and Presidential Statement S/PRST/2023/4, and the link between armed conflict and conflict-induced food insecurity and the threat of famine,
Noting the importance of effective, strategic communications to the implementation of the UNSOM mandate, and emphasising the need to continue to enhance UNSOM’s capability in this regard, particularly concerning peace-building, state-building, reconciliation, conflict prevention, countering violent extremism conducive to terrorism, civic education, women’s inclusion in political processes, human rights protection, and the youth, peace and security agenda,
Welcoming the cooperation between UNSOM, UNSOS, the United Nations Country Team and ATMIS, underlining the importance of collaborative working between the United Nations, African Union, Intergovernmental Authority on Development, other multilateral and bilateral partners and Somalia and encouraging all entities to continue to strengthen the relationship further at all levels, including through the Senior Leadership Coordination Forum,
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1. Decides to extend, until 31 October 2024, UNSOM’s mandate and tasks in Somalia as set out in resolution 2158 (2014) and resolution 2592 (2021);
2. Requests UNSOM to continue to maintain and strengthen its presence across Somalia, in consultation with the Federal Government of Somalia (FGS) and Somalia’s Federal Member States (FMS), and to continue to strengthen its cooperation with Somalia and the African Union, subject to United Nations security measures, and as the security situation allows, and recognises that the political and security context in Somalia will affect UNSOM’s ability to fulfil its mandate;
3. Encourages UNSOM to continue to coordinate United Nations efforts, maximise joint approaches and joint programming in relevant areas, in full cooperation with the FGS and FMS, to support the FGS and FMS in their efforts to:
a. take a realistic, incremental approach to advance state-building, including the development of its federal system and the constitutional review process, and ensuring the participation and inclusion of all stakeholders, including women, youth and civil society;
b. conduct of free and fair elections, through inclusive, transparent processes at the national and local level on agreed timelines;
c. advance the 2030 Agenda for Sustainable Development, working closely with the United Nations Country Team, provide strategic advice to institutional capacity building in line with the Somalia National Development Plan and the United Nations Sustainable Development Cooperation Framework, collaborate with the international financial institutions to support the mobilisation of economic and development assistance, and ensure effective and integrated cooperation of United Nations agencies, funds and programmes and promote cooperation with relevant partners, with a view to making maximum use of development financing in Somalia, including in response to climate change, flooding, drought, and locusts;
and, in the context of ongoing military operations against Al-Shabaab, to support the FGS and FMS by:
d. supporting extension of government authority and expanding its coordination role on stabilisation, bringing together donor support to assist authorities to deliver basic services and community reconciliation, including in areas newly, or recently recovered from Al-Shabaab and fragile areas, taking into account the specific needs of vulnerable persons, and local social dynamics;
e. accelerating implementation of the National Stabilisation Strategy and State-level Stabilisation Plans;
f. supporting peacebuilding, including:
i. the establishment of local governance, service delivery, and democratic processes, including District Council formation;
ii. the establishment of security arrangements in line with the National Security Architecture and the rule of law; and
iii. supporting Somalia to ensure that plans are in place and implemented to:
1. protect civilians and communities in areas which are the focus of military operations, prior to, during and after military engagements;
2. ensure timely, balanced support to all areas, including newly, or recently, recovered from Al-Shabaab and fragile areas;
4. Recalls its Press Statement of 7 June 2023 and paragraph 6 (b) of resolution 2592 (2021) and requests UNSOM to continue to provide support to efforts undertaken by the FGS to pursue inter- and intra-clan reconciliation at the local, regional and national level towards the peaceful resolution of the dispute in Laascaanood and the surrounding areas, including through engaging with all parties where necessary;
5. Notes the United Nations Department of Operational Support’s Environment Strategy (Phase II), which emphasises good stewardship of resources and a positive legacy of the mission, and identifies the goal of expanded renewable energy use in missions to enhance safety and security, save costs, offer efficiencies and benefit the mission;
6. Encourages the FGS and FMS to deepen cooperation and collaboration at all levels, to:
a. make progress towards finalising the constitution, including finalising necessary legislation, in a manner consistent with Somalia’s obligations under international law;
b. prepare for national and local elections;
c. implement the National Security Architecture and Justice Model, at federal, state and local levels, deliver the Somalia Transition Plan;
d. advance political, national and local reconciliation;
e. create a conducive political and security environment for more inclusive democratic processes across Somalia to foster political pluralism and include legally constituted political parties, including opposition parties;
f. recalling resolution 1325 (2000) and all subsequent resolutions on women, peace and security:
i. advance women’s political, social and economic empowerment;
ii. ensure the full equal and meaningful participation of women, as well as their involvement and representation at all levels of decision making, including in the context of peacebuilding, reconciliation and security sector reform;
iii. in the context of elections, and as envisaged in the Somali Women’s Charter, meet its commitments to ensure that women fill at least 30% of the seats in both Houses of Parliament; and
iv. support women’s rights, including their social, cultural and economic rights through the elimination of poverty, and provision of education, employment and development opportunities;
g. promote the participation and inclusion of persons belonging to minority clans, youth and persons with disabilities;
h. uphold the rights of freedom of expression, association, peaceful assembly and movement, including the ability of journalists to operate freely, and condemn hate speech and incitement to violence; and,
i. enhance civilian oversight of their security apparatus, to:
i. continue to adopt and implement appropriate vetting procedures of all defence and security personnel, including human rights vetting; and
ii. investigate and, as appropriate, prosecute individuals responsible for violations of international law, including international humanitarian law and human rights law, and sexual and gender-based violence in conflict and post-conflict situations, and, in this context, recalls the importance of the Secretary-General’s Human Rights and Due Diligence Policy and its application in relation to the support provided by the United Nations to Somali security institutions and forces and to ATMIS;
7. 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, and:
a. calls upon all parties to comply with their obligations under applicable international law, including international humanitarian law, including in relation to the protection of the civilian population and civilian objects;
b. reiterates the urgent and imperative need to hold accountable all those responsible for violations of international humanitarian law and violations and abuses of human rights; and
c. emphasises the importance of protecting and promoting the right to freedom of expression and protecting journalists and other media professionals and associated personnel;
8. Commends recent progress on domestic legislation in Somalia regarding juvenile justice and children’s rights, expresses deep concern about the high number of verified instances of the “six grave violations” against children documented in the Secretary-General’s annual report on children and armed conflict (S/2023/363), including the high number of grave violations attributed to Al-Shabaab; and,
a. demands that all parties to the conflict take appropriate measures to:
i. end and prevent violations and abuses against children, including the “six grave violations” in accordance with applicable obligations under international law;
ii. identify those responsible for such violations and abuses and hold perpetrators accountable;
iii. consider primarily as victims those children who are associated with or have been released or otherwise separated from armed forces and armed groups, consistent with the Paris Principles endorsed by the Federal Government of Somalia and ensure their handover to civilian child protection actors; and
iv. cease detention of all children on national security charges where it is in violation of applicable international law;
b. calls on the Federal Government of Somalia to implement fully:
i. the United Nations Convention on the Rights of the Child 1989 (UNCRC);
ii. the two Action Plans on ending and preventing the recruitment and use and the killing and maiming of children, signed by the Federal Government of Somalia in 2012;
iii. the 2019 road map signed by the Federal Government of Somalia to expedite the implementation of the 2012 action plans, including at the local level;
iv. the 2014 Standard Operating Procedures for the handover of children allegedly associated with armed groups; and
v. the age assessment guidelines and standardised checklist endorsed by the Federal Government of Somalia in July 2023;
9. Strongly condemns any misuse or obstruction of humanitarian assistance, including violence, attacks and threats against humanitarian and medical personnel, and against their means of transport and equipment, as well as hospitals and other medical facilities in violation of international law; and:
a. demands that all parties allow and facilitate, in accordance with relevant provisions of international law, full, safe, rapid and unhindered access for the timely delivery of aid to persons in need across Somalia in line with the humanitarian principles by:
i. dismantling illegal checkpoints;
ii. removing administrative and bureaucratic restrictions; and,
iii. protecting humanitarian actors and communities from any retribution or punitive measures for seeking to negotiate access with parties to the conflict or providing humanitarian or medical assistance consistent with international humanitarian law;
b. underlines the importance of transparency and accountability in the provision of humanitarian support; and,
c. recognises the role local, clan and religious leaders can play in enabling and negotiating humanitarian access across Somalia, encourages continued support for international and national humanitarian personnel and local leaders, as well as protection from any form of retribution for seeking access to areas outside of government control for humanitarian purposes;
10. Calls upon the FGS, FMS and all relevant actors to facilitate, support and, where appropriate, implement durable solutions for internal displacement, including local integration or resettlement, and to create the conditions conducive to the voluntary, safe, dignified and sustainable return of refugees and IDPs, in consultation with them and in line with applicable national frameworks and international obligations, with the support of the international community;
11. Recalls the need for the FGS to continue to establish and operationalise the National Human Rights Commission, the Constitutional Court and the Judicial Service Commission in line with the Provisional Constitution, Somalia’s obligations under international law, and the relevant legislation, and calls on the Federal Government of Somalia to:
a. promote and protect the rights of persons with disabilities and persons belonging to minority groups;
b. implement legislation aimed at protecting human rights and investigating and prosecuting perpetrators of crimes involving violations or abuses of human rights and violations of international humanitarian law, and sexual and gender-based violence in conflict and post-conflict situations;
c. ensure legislation is compatible with its obligations under international law and commitments on the protection of children and women; and,
d. with the support of the United Nations, accelerate the implementation of the Joint Communiqué and the adoption and implementation of the National Action Plan on Women, Peace and Security;
e. through the Ministry of Women and Human Rights Development, to promote and protect human rights in Somalia, including protection from sexual and gender-based violence;
12. Highlights the importance of the United Nations, and the FGS and FMS considering the adverse implications of climate change, environmental degradation, other ecological changes and natural disasters, among other factors, in their programmes in Somalia, including by undertaking comprehensive, gender-sensitive risk assessments and risk management strategies relating to these factors, acknowledging the United Nations Framework Convention on Climate Change and the Paris Agreement;
13. Recalls the recommendations of the strategic review of UNSOM (S/2022/716), which were endorsed subsequently by the Security Council, and calls for the timely implementation of the recommendations, including planning to develop a road map for the eventual transition from UNSOM to the United Nations Country Team, finalising the UNSOM staffing and configuration review, and towards a common understanding of an end state;
14. Requests the following reports from the Secretary-General:
a. regular updates on the situation in Somalia and implementation of UNSOM’s mandate, to include updates against the benchmarks outlined in the strategic review, including through briefings to the Security Council and no fewer than three written reports, with the first report due by 1 February 2024, and every 120 days thereafter; and,
b. an update on progress made in implementing the recommendations set out in the strategic review (S/2022/716) by 1 September 2024;
15. Affirms that it shall keep the situation in Somalia under review and be prepared to review the provisions contained in this resolution, at any time as may be necessary, in light of the evolution of political developments and the situation in the country;
16. Decides to remain actively seized of the matter.

Topics
Somalia
Year
2023
Title
The situation in Somalia (UNSOM).
Related with resolutions
1325 2158 2417 2592
Quoted in resolutions
2710 2748
Security Council Composition
CHN FRA RUS GBR USA ALB BRA GAB GHA ARE ECU JPN MLT MOZ CHE