COL KU DHACYEY OO TUUGO KU CIDAMISAY (PRT. 12)

UN SECURITY COUNCIL RESOLUTION - SOMALIA

United Nations S/RES/2093 (2013)

Security Council Distr.: General

6 March 2013

13-25096 (E)

*1325096*

Resolution 2093 (2013)

Adopted by the Security Council at its 6929th meeting, on

6 March 2013

The Security Council,

Recalling its previous resolutions on the situation in Somalia, as well as other

relevant Presidential Statements on the situation in Somalia, in particular resolutions

733 (1992), 1425 (2002), 1772 (2007), 2036 (2012), and 2073 (2012),

Reiterating its full support to the Secretary-General and his Special

Representative, and for their work with the African Union (AU), including the

Chairperson of the AU Commission and her Special Representative, as well as other

international and regional partners,

Reaffirming its respect for the sovereignty, territorial integrity, political

independence and unity of Somalia, recognizing the significant progress that has

been made in Somalia over the past year, and reiterating its commitment to a

comprehensive and lasting settlement of the situation in Somalia,

Commending the contribution of the African Union Mission to Somalia

(AMISOM) to lasting peace and stability in Somalia, noting its critical role in

improving the security situation in Mogadishu (particularly in the military and

policing roles) and other areas of south-central Somalia, including Kismayo,

expressing its appreciation for the continued commitment of troops, police and

equipment to AMISOM by the Governments of Burundi, Djibouti, Kenya, Nigeria,

Sierra Leone and Uganda, and recognizing the significant sacrifices made by

AMISOM forces,

Calling on the Federal Government of Somalia, with the support of AMISOM

and international partners, to consolidate security and establish the rule of law in

areas secured by AMISOM and the Security Forces of the Federal Government of

Somalia, underlining the importance of building sustainable, legitimate and

representative local governance and security structures in both Mogadishu and areas

recovered from Al-Shabaab control, encouraging all relevant authorities to uphold

high standards in resource management, and reiterating the need for rapid and

increased United Nations support to the Federal Government of Somalia in these

areas,

Underlining the importance of capacity-building of the Security Forces of the

Federal Government of Somalia and in this regard, reaffirming the importance of the

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re-establishment, training, equipping and retention of Somali security forces, which

is vital for the long-term stability and security of Somalia, expressing support for

the ongoing European Union Training Mission and other capacity-building

programmes, and emphasizing the importance of increased coordinated, timely and

sustained support from the international community,

Reiterating its strong condemnation of all attacks on Somali institutions,

AMISOM, United Nations personnel and facilities, journalists, and the civilian

population by armed opposition groups, and foreign fighters, particularly Al-Shabaab,

stressing that such groups, including foreign fighters engaged in destabilizing

Somalia, constitute a continuing terrorist threat to Somalia, the region and the

international community, stressing that there should be no place for terrorism or

violent extremism in Somalia, and reiterating its call to all opposition groups to lay

down their arms,

Expressing concern at the ongoing humanitarian crisis in Somalia and its

impact on the people of Somalia, commending the efforts of the United Nations

humanitarian agencies and other humanitarian actors to deliver life-saving

assistance to vulnerable populations, condemning any misuse or obstruction of

humanitarian assistance, underlining the importance of the full, safe, independent,

timely and unimpeded access of all humanitarian actors to all those in need of

assistance, and underlining further the importance of proper accounting in

international humanitarian support,

Recalling its resolutions 1265 (1999), 1296 (2000), 1674 (2006), 1738 (2006)

and 1894 (2009) on the protection of civilians in armed conflict, its resolutions 1325

(2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) on women, peace

and security, its resolution 1738 (2006) on the protection of journalists in armed

conflicts, and its resolutions 1612 (2005), 1882 (2009), 1998 (2011) and 2068

(2012) on children and armed conflict, and taking note of the report of the

Secretary-General on Children and Armed Conflict, and its conclusions, as endorsed

by the Security Council Working Group on Children and Armed Conflict,

Welcoming the Strategic Reviews of both the United Nations and the African

Union on their presence and engagement in Somalia, and the decisions taken by

both organizations to enhance collaboration on the basis of comparative advantage

and a clear division of labour, and underlining the importance of both organizations

improving their coordination with one another, as well as with the Federal

Government of Somalia, other regional organizations, and Member States,

Welcoming the Federal Government of Somalia’s development of a new

national security strategy, calling on the Federal Government of Somalia to

accelerate its implementation in view of the remaining threat posed by Al-Shabaab

and other destabilizing actors, underlining the importance of further defining the

composition of Somalia’s national security forces, identifying capability gaps in

order to guide AMISOM and donors’ security sector assistance priorities and

signalling areas of cooperation with the international donor community, and noting

the international community’s intention to support the Federal Government of

Somalia in security sector reform,

Recognizing that the Federal Government of Somalia has a responsibility to

protect its citizens and build its own national security forces, noting that these

forces should be inclusive and representative of Somalia and act in full compliance

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with their obligations under international humanitarian law and human rights law,

and reaffirming the intent of international partners to support the Federal

Government of Somalia in achieving this,

Recognizing that a more stable Somalia is of vital importance to ensuring

regional security,

Welcoming the Federal Government of Somalia’s commitment to peace,

stability and reconciliation across Somalia, including at the regional level,

Welcoming the Federal Government of Somalia’s commitment to improving

human rights in Somalia, expressing its concern at the reports of violations of

human rights, including extrajudicial killings, violence against women, children and

journalists, arbitrary detention and pervasive sexual violence in camps for internally

displaced persons, and underscoring the need to end impunity, uphold human rights

and to hold accountable those who commit such crimes,

Expressing concern at reports of continuous violations of the Somali and

United Nations ban on charcoal exports, welcoming the President of Somalia’s task

force on this issue, and recognizing the need to assess urgently, and provide

recommendations on, resolving the charcoal issue,

Underlining its full support for the Somalia and Eritrea Monitoring Group

(SEMG), and recalling the importance of the SEMG being given full support in

carrying out its mandate by all Member States and all appropriate United Nations

bodies supporting the Group,

Determining that the situation in Somalia continues to constitute a threat to

international peace and security,

Acting under Chapter VII of the charter of the United Nations,

AMISOM

1. Decides to authorize the Member States of the African Union (AU) to

maintain the deployment of AMISOM until 28 February 2014, which shall be

authorised to take all necessary measures, in full compliance with its obligations

under international humanitarian law and human rights law, and in full respect of the

sovereignty, territorial integrity, political independence and unity of Somalia, to

carry out the following tasks:

(a) To maintain a presence in the four sectors set out in the AMISOM

Strategic Concept of 5 January 2012, and in those sectors, in coordination with the

Security Forces of the Federal Government of Somalia, reduce the threat posed by

Al-Shabaab and other armed opposition groups, including receiving, on a transitory

basis, defectors, as appropriate, and in coordination with the United Nations, in

order to establish conditions for effective and legitimate governance across Somalia;

(b) To support dialogue and reconciliation in Somalia by assisting with the

free movement, safe passage and protection of all those involved with the peace and

reconciliation process in Somalia;

(c) To provide, as appropriate, protection to the Federal Government of

Somalia to help them carry out their functions of government, and security for key

infrastructure;

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(d) To assist, within its capabilities, and in coordination with other parties,

with implementation of the Somali national security plans, through training and

mentoring of the Security Forces of the Federal Government of Somalia, including

through joint operations;

(e) To contribute, as may be requested and within capabilities, to the creation

of the necessary security conditions for the provision of humanitarian assistance;

(f) To assist, within its existing civilian capability, the Federal Government

of Somalia, in collaboration with the United Nations, to extend state authority in

areas recovered from Al-Shabaab;

(g) To protect its personnel, facilities, installations, equipment and mission,

and to ensure the security and freedom of movement of its personnel, as well as of

United Nations personnel carrying out functions mandated by the Security Council;

2. Reiterates its request in paragraph 9 of resolution 2036 (2012) for the

establishment without any further delay of a guard force of an appropriate size and

within AMISOM’s mandated troop levels to provide security, escort and protection

services to personnel from the international community, including the United

Nations, and requests the AU to provide details in its next report to the Security

Council on progress towards, and the timetable for, its establishment;

3. Requests the Secretary-General to continue to provide technical,

management and expert advice to the AU in the planning and deployment 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;

4. Requests the Secretary-General to continue to provide a logistical support

package for AMISOM, referred to in paragraphs 10, 11 and 12 of resolution 2010

(2011), paragraphs 4 and 6 of resolution 2036 (2012) and paragraph 2 of resolution

2073 (2012) for a maximum of 17,731 uniformed personnel until 28 February 2014,

ensuring the accountability and transparency of expenditure of the United Nations

funds as set out in paragraph 4 of resolution 1910 (2010), and consistent with the

requirements of the Secretary-General’s Human Rights Due Diligence Policy;

5. Reiterates paragraph 6 of resolution 2036 (2012) and paragraph 2 of

resolution 2073 (2012) regarding logistical support to AMISOM;

6. Recalls its request in paragraph 5 of resolution 2036 related to

transparency and proper accountability for resources provided to AMISOM, in

particular the number of troops, civilian personnel and equipment, and requests

UNSOA, in cooperation with the AU, to verify the number of troops, civilian

personnel and equipment deployed as part of AMISOM;

7. Calls upon new and existing donors to support AMISOM through the

provision of additional funding for troop stipends, equipment, technical assistance,

and uncaveated funding for AMISOM to the United Nations Trust Fund for

AMISOM, and calls upon the AU to consider providing funding to AMISOM

through its own assessed costs as it has recently done for the African-led

International Support Mission in Mali;

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8. Requests the AU to keep the Security Council regularly informed on the

implementation of AMISOM’s mandate through the provision of written reports to

the Secretary-General every 90 days after the adoption of this resolution;

9. Welcomes the progress made by AMISOM in reducing civilian casualties

during its operations, and urges AMISOM to enhance its efforts to prevent civilian

casualties;

10. Encourages AMISOM to develop further an effective approach to the

protection of civilians, as requested by the AU Peace and Security Council;

11. Recalls AMISOM’s commitment to establish a Civilian Casualty

Tracking, Analysis and Response Cell (CCTARC), underlines the importance of its

establishment, requests AMISOM to report on the progress made in establishing the

CCTARC and calls on international donors and partners to further support the

establishment of a CCTARC;

12. Requests AMISOM to ensure that any detainees in their custody are

treated in strict compliance with AMISOM’s obligations under international

humanitarian law and human rights law;

13. Requests AMISOM to strengthen child and women’s protection in its

activities and operations, including through the deployment of a child protection

adviser and a women’s protection adviser, within its existing civilian component to

mainstream child and women’s protection within AMISOM;

14. Requests AMISOM to take adequate measures to prevent sexual violence,

and sexual exploitation and abuse, by applying policies consistent with the United

Nations zero-tolerance policy on sexual exploitation and abuse in the context of

peacekeeping;

15. Requests the AU to establish a system to address systematically

allegations of misconduct, which includes clear mechanisms for receiving and

tracking allegations, as well as for following up with troop-contributing countries on

the results of investigations and disciplinary actions taken as applicable, and

requests the United Nations to advise and provide guidance to the AU in this

endeavour;

16. Welcomes the development of the Government of Somalia’s National

Programme for Handling Disengaged Combatants in Somalia, notes the need for

appropriate human rights safeguards, and encourages Member States to support the

plan through the provision of funds;

United Nations Strategic Review

17. Welcomes the review by the Secretary-General of the United Nations’

presence and engagement in Somalia;

18. Agrees with the Secretary-General that UNPOS has fulfilled its mandate

and should now be dissolved, and further agrees that UNPOS should be replaced by

a new expanded Special Political Mission as soon as possible;

19. Agrees with the Secretary-General that the conditions in Somalia are not

yet appropriate for the deployment of a United Nations Peacekeeping Operation, and

requests that he keeps this under review, including through the setting of

benchmarks for when it might be appropriate to deploy a United Nations

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peacekeeping operation and looks forward to receiving this information as part of

his regular reporting to the Security Council;

20. Decides that UNSOA shall be integrated within the framework of the

new United Nations Mission, with the head of UNSOA continuing to report to the

Department of Field Support on the delivery of the AMISOM logistical support

package, and reporting to the Special Representative of the Secretary-General on

logistical support to the new United Nations Mission and on policy or political

questions arising from the functions of UNSOA relevant to the mandate of the new

United Nations Mission;

21. Requests that by 1st January 2014 the post of Deputy Special

Representative of the Secretary-General/Resident and Humanitarian Coordinator

(DSRSG/RC/HC) will have been established and structurally integrated into the new

United Nations Mission, which will operate alongside AMISOM, requests in the

meantime that the Secretary-General ensure that, with immediate effect, all

appropriate activities of the United Nations Country Team are fully coordinated with

the new United Nations Mission, including through joint teams and joint strategies,

while ensuring the humanity, impartiality, neutrality, and independence of

humanitarian assistance, and further requests the Secretary-General to keep the

Security Council regularly informed about the steps he is taking to integrate the

work of the United Nations Country Team and the new United Nations Mission,

through the provision of written reports every 90 days;

22. Requests the Secretary-General to conduct a Technical Assessment

Mission on the implementation of the new United Nations mission, in full

cooperation with the Federal Government of Somalia, AU, regional bodies and

Member States, on the basis of the guiding principles as set out below:

(a) Empowering Somali ownership of the statebuilding and peacebuilding

agenda;

(b) Providing the traditional United Nations good offices function and

support to the government, including on reconciliation, elections and the effective

implementation of a federal system;

(c) Providing strategic and policy advice on security, stabilisation,

peacebuilding and state-building, including through the mission having a

substantially strengthened security and rule of law capacity;

(d) Monitoring, reporting and helping build capacity on human rights,

including on sexual, gender-based and conflict-related violence and on violations

against children — supporting the implementation of the two action plans on

children and armed conflict signed by the Federal Government of Somalia;

(e) Supporting the Federal Government of Somalia’s efforts to manage and

specifically coordinate international assistance, particularly on security sector

reform;

(f) Providing integrated policy advice and support to the Federal

Government of Somalia, in cooperation with the United Nations Country Team, and

in accordance with the arrangements set out in paragraph 21;

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23. Underlines that the new mission should be headquartered in Mogadishu

and should deploy further across Somalia as security conditions allow, and requests

advice from the Secretary-General on how the Mission will be protected;

24. Requests the Secretary-General to report to the Council no later than

19 April 2013 on the results of his Technical Assessment Mission, including on the

United Nations division of labour with the AU, after which the Council will

formally mandate a new Special Political Mission, and underlines that the new

United Nations Mission should deploy by 3 June 2013;

Human Rights and Protection of Civilians

25. Recalls its previous resolutions 1265 (1999), 1296 (2000), 1674 (2006),

1738 (2006), and 1894 (2009), as well as all its resolutions on Women, Peace and

Security, Children and Armed Conflict and peacekeeping, and all relevant

statements of its President;

26. Condemns all attacks against civilians in Somalia, calls for the

immediate cessation of all acts of violence, including sexual and gender based

violence, or abuses committed against civilians, including women and children, and

humanitarian personnel in violation of international humanitarian law and human

rights law, stresses the responsibility of all parties in Somalia to comply with their

obligations to protect the civilian population from the effects of hostilities, in

particular by avoiding any indiscriminate attacks or excessive use of force, and

underscores the need to end impunity, uphold human rights and hold those who

commit crimes accountable;

27. Welcomes the commitment made by the President of Somalia to hold the

Somali National Security Forces accountable for allegations of sexual violence,

urges the Federal Government of Somalia, in cooperation with the United Nations,

to initiate its Task Force on Sexual Violence, and to develop and implement a

comprehensive strategy to prevent and respond to sexual violence, and stresses the

need for the Federal Government of Somalia to take all appropriate measures to

bring to justice any perpetrator of such acts;

28. Expresses concern at the security situation in camps for internally

displaced persons (IDPs) and settlements, condemns all human rights violations and

abuses, including sexual violence, committed against IDPs by all parties, including

armed groups and militias, and calls for the strengthening of protection of IDP

camps;

29. Recalls the relevant prohibition of the forced displacement of civilians in

armed conflict, and stresses the importance of fully complying with international

humanitarian law and other applicable international law in this context;

30. Recalls the obligation of the Federal Government of Somalia with respect

to the protection of journalists, the prevention of violence against them, and the

fight against impunity for perpetrators of such acts;

31. Reaffirms the important role of women in the prevention and resolution

of conflicts and in peacebuilding, stresses the importance of their participation in all

efforts for the maintenance and promotion of peace and security, and urges the

Federal Government of Somalia to continue to promote increased representation of

women at all decision-making levels in Somali institutions;

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32. Strongly condemns reports of grave violations against children, urges the

Government of Somalia, as a matter of priority, to implement the action plan signed

on 6 August 2012 to eliminate the killing and maiming of children, and the 3 July

2012 action plan to end the recruitment and use of child soldiers, and stresses the

need for the Federal Government of Somalia to take appropriate measures to bring

to justice any perpetrator of such acts;

Arms Embargo

33. Decides that for a period of twelve months from the date of this

resolution the measures imposed in paragraph 5 of resolution 733 (1992), and

further elaborated by paragraphs 1 and 2 of resolution 1425 (2002), shall not apply

to deliveries of weapons or military equipment or the provision of advice, assistance

or training, intended solely for the development of the Security Forces of the

Federal Government of Somalia, and to provide security for the Somali people,

except in relation to deliveries of the items set out in the annex to this resolution;

34. Decides that weapons or military equipment sold or supplied solely for

the development of the Security Forces of the Federal Government of Somalia may

not be resold to, transferred to, or made available for use by, any individual or entity

not in the service of the Security Forces of the Federal Government of Somalia;

35. Calls upon States to exercise vigilance over the direct or indirect supply,

sale or transfer to Somalia of items not subject to the measures imposed in

paragraph 5 of resolution 733 (1992) and further elaborated by paragraphs 1 and 2

of resolution 1425 (2002);

36. Decides that the measures imposed by paragraph 5 of resolution 733

(1992) and further elaborated by paragraphs 1 and 2 of resolution 1425 (2002) shall

not apply to deliveries of weapons or military equipment or the provision of

assistance intended solely for the support of, or use by, AMISOM’s strategic

partners, operating solely under the African Union Strategic Concept of 5 January

2012, and in cooperation and coordination with AMISOM;

37. Decides that the 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 or military equipment or the provision of

assistance, intended solely for the support of or use by United Nations personnel,

including the United Nations Political Office for Somalia or its successor mission;

38. Decides that the Federal Government of Somalia shall notify the

Committee established pursuant to resolutions 751 (1992) and 1907 (2009), for its

information, at least five days in advance, of any deliveries of weapons or military

equipment or the provision of assistance intended solely for the Security Forces of

the Federal Government of Somalia, as permitted in paragraph 33 of this resolution,

providing details of such deliveries or assistance and the specific place of delivery

in Somalia, further decides that the Member State delivering assistance may, in the

alternative, make this notification after informing the Federal Government of

Somalia that it intends to do so, and stresses the importance that such notifications

contain all relevant information, including, where applicable, the type and quantity

of weapons, ammunitions, military equipment and materiel to be delivered, and the

proposed date of delivery;

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39. Requests the Federal Government of Somalia to report to the Security

Council no later than one month after the adoption of this resolution, and every six

months thereafter, on:

(a) The structure of the Security Forces of the Federal Government of

Somalia;

(b) The infrastructure in place to ensure the safe storage, registration,

maintenance and distribution of military equipment by the Security Forces of the

Federal Government of Somalia;

(c) The procedures and codes of conduct in place for the registration,

distribution, use and storage of weapons by the Security Forces of the Federal

Government of Somalia, and on training needs in this regard;

40. Calls upon States and regional organizations that have the capacity to do

so, to provide assistance to the Federal Government of Somalia to achieve

improvements in the areas set out in (b) and (c) of paragraph 39 of this resolution, in

full coordination with the Federal Government of Somalia;

41. Requests the SEMG to include, in its reporting to the Committee, both an

assessment of the progress made in the areas set out in (b) and (c) of paragraph 39,

and an assessment of any misappropriation or sale to other groups including

militias, in order to assist the Council in any review of the appropriateness of the

provisions outlined in paragraph 33 of this resolution, which are for the purpose of

building the capacity of the Security Forces of the Federal Government of Somalia,

and providing security for the people of Somalia, and further requests the

Monitoring Group to report on its own ability to monitor delivery of weapons,

military equipment and assistance to Somalia;

42. Decides to review the effects of paragraphs 33 to 41 of this resolution

within twelve months of the date of this resolution;

43. Decides that the measures in paragraphs 1, 3, and 7 of resolution 1844

(2008) shall apply to individuals, and that the provisions of paragraphs 3 and 7 of

that resolution shall apply to entities, designated by the Committee:

(a) As engaging in, or providing support for, acts that threaten the peace,

security or stability of Somalia, including acts that threaten the peace and

reconciliation process in Somalia, or threaten the Federal Government of Somalia or

AMISOM by force;

(b) As having acted in violation of the arms embargo imposed by paragraph

5 of resolution 733 (1992), further elaborated upon by paragraphs 1 and 2 of

resolution 1425 (2002), and as amended by paragraphs 33 to 38 of this resolution or

as having acted in violation of the arms resale and transfer restrictions set out in

paragraph 34 of this resolution;

(c) As obstructing the delivery of humanitarian assistance to Somalia, or

access to, or distribution of, humanitarian assistance in Somalia;

(d) As being political or military leaders recruiting or using children in

armed conflicts in Somalia in violation of applicable international law;

(e) As being responsible for violations of applicable international law in

Somalia involving the targeting of civilians including children and women in

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situations of armed conflict, including killing and maiming, sexual and genderbased

violence, attacks on schools and hospitals and abduction and forced

displacement;

44. Underlines its support for the President of Somalia’s task force charged

with providing solutions on the issue of charcoal in Somalia, demands that all

appropriate actors cooperate in full with the task force, and looks forward to

receiving recommendations and options from the Federal Government of Somalia in

this regard;

45. Decides to remain actively seized of the matter.

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Annex

1. Surface to air missiles, including Man-Portable Air-Defence Systems

(MANPADS);

2. Guns, howitzers, and cannons with a calibre greater than 12.7 mm, and

ammunition and components specially designed for these. (This does not include

shoulder fired anti-tank rocket launchers such as RPGs or LAWs, rifle grenades, or

grenade launchers.);

3. Mortars with a calibre greater than 82 mm;

4. Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and

ammunition and components specially designed for these items;

5. Charges and devices intended for military use containing energetic materials;

mines and related materiel;

6. Weapon sights with a night vision capability.