LegalizeΑποφάσεις - Ανακοινώσεις — ΦΕΚ A' 120/2024
ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.: 3460/ΑΣ 40702 Απόφαση 2713 (2023) του Συμβουλίου Ασφαλείας Ο.Η.Ε. σχετικά με τη Σομαλία. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Το άρθρο 1 του α.ν. 92 της 3/10.8.1967 «Περί εφαρμογής αποφάσεων του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών και περί εγκρίσεως και εφαρμογής συστάσεων του Συμβουλίου Ασφαλείας και της Γενικής Συνελεύσεως» (Α΄139). Προβαίνουμε στη δημοσίευση της απόφασης 2713 (2023) του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών η οποία είναι, δυνάμει του άρθρου 25 του Χάρτη των Ηνωμένων Εθνών που κυρώθηκε με τον α.ν. 585/1945, υποχρεωτική για τα κράτη μέλη του Οργανισμού και παραγγέλλουμε την αυστηρή τήρηση και συμμόρφωση προς τις διατάξεις της απόφασης αυτής. Κατωτέρω παρατίθεται το κείμενο της απόφασης στην αγγλική γλώσσα και σε ελληνική μετάφραση. weapons, in particular in densely populated areas, and the consequences for the civilian population, and calling upon all parties to the conflict to cease such practices in accordance with their obligations under international law, including international humanitarian law, Recalling the 2023 Report of the Secretary-General on Children and Armed Conflict (S/2023/363), and noting with concern the high levels of recruitment of children in armed conflict in violation of international law and high levels of abductions, with Al-Shabaab responsible for almost all cases of child recruitment and abduction of children, and urging the Government of the Federal Republic of Somalia (GFRS), and Somalia’s Federal Member States (FMS) and regional governments1 , to further strengthen efforts to address the “six grave violations” against children as identified by the SecretaryGeneral, including by implementing measures in line with resolution 2467 (2019), 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 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, Reiterating that terrorism cannot, and should not, be associated with any religion, nationality, civilisation or ethnic group, condemning terrorist groups’ attempts to craft distorted narratives that are based on misrepresentation of religion to justify violence and to popularise their attempts to undermine Somalia and the region, expressing concern over their exploitation of information and communication technologies including through the Internet, particularly social media, for terrorist purposes, and supporting the GFRS’s renewed efforts to counter Al-Shabaab’s narratives, Strongly encouraging Member States to work with the GFRS to prevent Al-Shabaab from using social media platforms for criminal purposes and to counter terrorist propaganda, and strongly encouraging the GFRS to develop a communication strategy and a publicity and outreach mechanism to systematically counter the narratives of Al-Shabaab through audio-visual and social media in a manner consistent with their obligations under international law, 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, 1 For the purposes of this resolution Somalia’s Federal Member States and regional governments are: Galmudug, Hirshabelle, Jubaland, Puntland, South West, and Banadir and “Somaliland”. control by the group, and welcoming Somali and international efforts to bring stabilisation support and services to newly liberated communities, Urging continued development of a Somalia-led, coordinated approach in developing Somalia’s maritime governance sector, including through the formation of the Maritime Security Working Group, and support of Somalia’s maritime institutions, Noting with concern smuggling and trafficking of weapons, military equipment and ammunition in contravention of the measures imposed by the Security Council in this and previous resolutions, and urging the GFRS, FMS and Member States to take appropriate measures to identify smugglers and hold them accountable, Expressing concern about the violation of the charcoal ban by the vessel MV Fox documented by the Panel of Experts on Somalia (Panel), commending the Panel’s investigations into this incident, urging all parties to engage constructively with the Panel and the GFRS on this matter, and reminding all Member States of the provisions in its Implementation Assistance Notice No.1, Emphasising that its objective, through this resolution, is to continue to update its consolidated framework – drawing on the technical assessments of Somalia’s weapons and ammunition management capability (S/2022/698 and S/2023/676), and taking note of the final report of the Panel (S/2023/724) and recommendations from the United Nations Office on Drugs Crime (UNODC) – to strengthen stateand peace-building, defeat Al-Shabaab and complement the mandates of the United Nations Assistance Mission in Somalia (UNSOM), the United Nations Support Office in Somalia (UNSOS) and the African Union Transition Mission in Somalia (ATMIS), Recognising that Al-Shabaab poses a threat to peace and security in Somalia, and that its terrorist and other activities pose a security threat to the region, and underscoring the need to degrade Al-Shabaab through: targeted sanctions, preventing access to weapons and ammunition, disrupting its finances, reducing the threat posed by improvised explosive devices, improving maritime domain awareness and through international collaboration, Recognising the need to continuously strengthen due process and to ensure that fair and clear procedures exist for delisting individuals and entities designated pursuant to resolution 1844 (2008) as amended, Determining that Al-Shabaab’s attempts to undermine peace and security in Somalia and the region, including through acts of terrorism, constitute a threat to international peace and security, Acting under Chapter VII of the Charter of the United Nations, A. Targeted sanctions
Recalls its decisions in its resolution 1844 (2008), which imposed targeted sanctions, and its resolutions 2002 (2011), 2093 (2013) and 2662 (2022), which expanded the listing criteria, and recalls its decisions in resolutions 2060 (2012) and 2444 (2018);
Recalls resolution 2664 (2022), which established a cross-cutting humanitarian exemption to asset freeze measures, including those imposed by paragraph 3 of resolution 1844 (2008), supersedes and replaces the humanitarian exemption relating to Somalia in paragraph 28 of resolution 2662 (2022); B. Arms embargo on Al-Shabaab
Decides that all States shall, for the purposes of preventing Al-Shabaab and other actors intent on undermining peace and security in Somalia and the region from obtaining weapons and ammunition, take the necessary measures to prevent all deliveries of weapons, ammunition and military equipment to Somalia, including prohibiting the financing of all acquisitions and deliveries of weapons, ammunition and military equipment, and further decides that these measures shall not apply to deliveries or supplies to the GFRS, the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) and the Somali Custodial Corps;
Takes note of the recent military operations against Al-Shabaab and encourages the GFRS and Somalia’s FMS and regional governments, with the support of partners as appropriate, to register all weapons, ammunition and military equipment captured or seized from Al-Shabaab and, with the assistance of the Panel as necessary, to investigate their origin;
Affirms that the GFRS, in cooperation with ATMIS, shall document and register all weapons, ammunition and military equipment, captured from Al-Shabaab as part of offensive operations, or in the course of carrying out their mandate, including: a. recording the type, lot/batch and serial number of the weapon and/or ammunition; b. photographing all items and relevant markings and/or headstamps; c. facilitating inspection by the Panel of all captured weapons, ammunition and military items before their redistribution or destruction;
Calls on Member States to take reasonable steps to prevent smuggling of weapons and ammunition into Somalia; C. Disrupting Al-Shabaab’s finances
Notes with concern Al-Shabaab’s ability to generate revenue and launder, store and transfer resources to carry out terrorism and destabilise Somalia and the region, and requests the GFRS, working with international partners as appropriate, to continue to develop a comprehensive plan to disrupt AlShabaab’s operations;
Calls upon the GFRS to continue working with the FMS, Somali financial authorities, private sector financial institutions and the international community to: a. identify, assess and mitigate money laundering and terrorist financing risks by improving anti-money laundering and countering the financing of terrorism standards, legal, regulatory and institutional frameworks; Financing of Terrorism Act (2016), as well as the Mobile Money Regulations (2019) and relevant Financial Action Task Force recommendations, and encourages collaboration with the telecoms sector to reduce the risk of exploitation of the mobile money sector by Al-Shabaab; d. use Somalia’s Middle East and North Africa Financial Action Task Force Mutual Evaluation in 2024 to address priority areas relating to terrorist financing and money laundering risks; e. prioritise the continued development of a secure and inclusive, national identification system that improves financial access while countering the financing of terrorism; f. improve monitoring, reporting and investigations into money laundering and terrorist financing as required under the Anti-Money Laundering and Countering the Financing of Terrorism Act (2016); and, g. develop a plan to mitigate the risks posed by Al-Shabaab to personnel working in anti-money laundering and counter terrorist financing roles within national competent authorities and the private sector, and a plan to protect those who share information relating to Al-Shabaab’s extortion tactics;
Calls upon the GFRS to improve collaboration and coordination among regulatory and law enforcement agencies and undertake coordinated and joint approaches to terrorist finance investigations and implement disruption strategies to counter-Al-Shabaab’s finances and its exploitation of the licit financial system;
Requests the GFRS, UNODC and the Panel to continue exchanging information about Al-Shabaab’s operations and to continue working with stakeholders to develop a plan to disrupt Al-Shabaab’s operations and exploitation of the licit financial system;
Notes UNODC’s coordination role in finalising and implementing the draft Roadmap for Enhanced Inter-Agency Cooperation to Combat Illicit Trade and its Effects, and encourages Somalia to work with UNODC to develop a plan to disrupt all illicit trade from which Al-Shabaab profits;
Welcomes regional and international cooperation to degrade the threat posed by Al-Shabaab, and encourages continued cooperation at the regional and international level to address the threat posed by Al-Shabaab to Somalia and the region, and encourages international cooperation with the United Nations Office of Counter-Terrorism Programme Office in Nairobi in its support for regional countries in their efforts to counter terrorism and violent extremism conducive to terrorism; D. Charcoal Ban
Reaffirms its decision to ban the import and export of Somali charcoal, as set out in paragraph 22 of its resolution 2036 (2012), and paragraphs 11 to 21 of resolution 2182 (2014);
Welcomes measures taken by the GFRS, FMS and Member States to reduce the export of charcoal from Somalia, reiterates its requests that ATMIS support and assist Somalia in implementing the charcoal ban, and facilitate regular access for the Panel to charcoal exporting ports, and reaffirms the
Recalls paragraph 36 of resolution 2662 (2022), and welcomes the collaborative development of a plan to dispose of the charcoal stockpiles in and around Kismayo and encourages Somalia to continue to ensure the sustainable management of domestic charcoal production, with support from other partners, as appropriate;
Recalls its decision in resolution 2696 (2023) to authorise a one-off disposal of charcoal stockpiles in and around Kismayo, and requests: a. the Panel and UNODC to continue to monitor the charcoal stockpiles and their movement to ensure the complete disposal does not trigger illicit production of charcoal; and, b. the GFRS to continue to engage with the Committee throughout the disposal process, including sharing a final record of funds generated upon completion of the disposal process; E. Reducing the threat posed by Improvised Explosive Devices (IEDs)
Reaffirms that all States shall prevent the direct or indirect sale, supply or transfer of the items in part I of Annex C to this resolution to Somalia from their territories or by their nationals outside their territories, or using their flag vessels or aircraft if there is sufficient evidence to demonstrate that the item(s) will be used, or a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices;
Decides that: a. prior to transferring any items in Part 1 of Annex C to Somalia, the supplying Member State of the items should notify the GFRS for its awareness; b. where an item in part I of Annex C to this resolution is directly or indirectly sold, supplied or transferred to Somalia consistent with paragraph 19, the State shall notify the GFRS for its awareness and the Committee of the sale, supply or transfer no more than 15 working days after the sale, supply or transfer takes place, and stresses the importance that notifications pursuant to this paragraph contain all relevant information, including: i. purpose of the use of the item(s); ii. end user; iii. technical specifications; iv. quantity of the item(s); and v. intended storage location;
Encourages the GFRS to implement appropriate legislation to regulate and monitor the import and transit of items listed in parts I and II of Annex C, and calls upon Member States to support the GFRS in this objective; to their jurisdiction that are involved in the sale, supply, or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, including, among other things, items in part II of Annex C, to keep records of transactions and share information with Somalia, the Committee and the Panel regarding suspicious purchases of or enquiries into these chemicals by individuals in Somalia and to ensure that Somalia is provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of materials;
Encourages international and regional partners of Somalia to implement continued specialist training of Explosive Ordnance Disposal teams and to provide appropriate equipment and coordinate support to reinforce Somali capacity in the analysis of explosives and tracing the origin and chain of custody of IEDs and their components; F. Maritime interdiction and maritime domain awareness
Decides to renew the provisions set out in paragraphs 15 and 17 of resolution 2182 (2014), and expanded by paragraph 5 of resolution 2607 (2021) to cover IED components, until 15 December 2024;
Encourages the UNODC, within its current mandate, under the Indian Ocean Forum on Maritime Crime, to support the GFRS to counter Al-Shabaab by: a. bringing together relevant Member States and international organisations to enhance regional cooperation on responding to illicit maritime flows and disrupt all forms of trafficking in licit and illicit goods that may finance terrorist activities; b. supporting Somalia to improve their maritime domain awareness and enforcement, including in relation to the role of fishing vessels in trafficking and illicit trade; c. supporting the GFRS with fisheries protection and its enforcement capability demonstrator project; d. supporting the GFRS by extending capacity building on law enforcement and counter-smuggling at ports; and, e. engaging with shipping association representatives to discuss possible ways to make these measures more implementable and propose recommendations in its next briefing to the Committee in 2024; G. Panel of Experts and Security Council Committee
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Η ανάγνωση του παρόντος εγγράφου δεν αντικαθιστά την ανάγνωση του αντίστοιχου τεύχους της Εφημερίδας της Κυβερνήσεως. Δεν αναλαμβάνουμε ευθύνη για τυχόν ανακρίβειες που οφείλονται στη μετατροπή του πρωτοτύπου σε αυτή τη μορφή.