LegalizeΑποφάσεις - Ανακοινώσεις — ΦΕΚ A' 263/2014
ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ
ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ
ΤΕΥΧΟΣ ΠΡΩΤΟ Αρ. Φύλλου 263 22 Δεκεμβρίου 2014 ΠΕΡΙΕΧΟΜΕΝΑ ΑΠΟΦΑΣΕΙΣ Απόφαση σχετικά με απόφαση 2182 (2014) του Συμβουλίου Ασφαλείας Ο.Η.Ε. περί Σομαλίας. . ............ 1 ΔΙΟΡΘΩΣΕΙΣ ΣΦΑΛΜΑΤΩΝ Διόρθωση σφαλμάτων στον Κανονισμό 259/2014 της Ιεράς Συνόδου (Φ.Ε.Κ. Α΄ 216/3.10.2014). ...................... 2 ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.3460/ΑΣ 53143 (1) Απόφαση σχετικά με απόφαση 2182 (2014) του Συμβουλίου Ασφαλείας Ο.Η.Ε. περί Σομαλίας. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Τη διάταξη του άρθρου 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». Προβαίνουμε στη δημοσίευση της απόφασης 2182 (2014) 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. 8051 7286th meeting, on 24 October 2014 The Security Council, Recalling all its previous resolutions and statements of its President on the situation in Somalia and Eritrea, in particular resolutions 733 (1992), 1844 (2008), 1907 (2009), 2036 (2012), 2023 (2011), 2093 (2013), 2111 (2013), 2124 (2013), 2125 (2013), and 2142 (2014), Taking note of the final reports of the Somalia and Eritrea Monitoring Group (the SEMG) and their conclusions on the situations in both Somalia and Eritrea, Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, Djibouti and Eritrea respectively, Condemning flows of weapons and ammunition supplies to and through Somalia in violation of the arms embargo on Somalia and to Eritrea in violation of the arms embargo on Eritrea, as a serious threat to peace and stability in the region, Somalia, chaired by the Secretary-General, and looking forward to all participants following up on their commitments, Highlighting in particular the FGS’s commitment to establish interim regional administrations by the end of 2014 which is an essential step under the “Vision 2016” programme, and emphasizing the importance of this being an inclusive and consultative process, Underlining the importance of full and effective participation in the peace and reconciliation process across Somali society, including women, youth and minority groups, Welcoming the establishment of the Independent Constitutional Review and Implementation Commission, and emphasizing the importance of establishing the Boundaries and Federation Commission within the upcoming parliamentary session, Welcoming the FGS’ commitment to a credible electoral process in 2016, emphasizing the need for legislation to establish the National Independent Electoral Commission as soon as possible, underlining the importance of all partners supporting a Somali-led process, and looking forward in particular to the upcoming United Nations electoral assessment mission, Underlining the importance of capacity-building of the Somali Security Forces, and in this regard reaffirming the importance of re-establishing training, equipping and retention in the Security Forces of the Federal Republic of Somalia, which is vital for the long-term stability and security of Somalia, expressing its 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, Underlining the need for greater effort in improving the institutional transparency and accountability of public financial management in Somalia, welcoming the establishment of a Financial Governance Committee, encouraging the FGS to use the Financial Governance Committee effectively, and underlining the need for increased mutual transparency and accountability between the FGS and the donor community, Welcoming the intention of the Secretary-General and World Bank to develop an initiative aimed at promoting economic development in the Horn of Africa, and looking forward to the results of the initiative, charcoal originated in Somalia, as set out in resolution 2036 (2012), Expressing concern at the continuing violations and abuses of human rights, including extrajudicial killings, violence against women, children and journalists, arbitrary detention and pervasive sexual violence in Somalia, including in camps for internally displaced persons, underscoring the need to end impunity, promote and protect human rights, hold accountable those who commit such crimes, welcoming the efforts by the Federal Government of Somalia (FGS) to address violations and abuses of human rights including by implementing the two action plans signed on children and armed conflict and by developing a National Action Plan to combat sexual violence and encouraging the FGS to establish its National Human Rights Commission and to take concrete measures to implement fully the post transition human rights road map of August 2013, Recalling the arms embargo on Somalia, and in particular the need for all supplies of weapons and military equipment destined for the Security Forces of the Federal Government of Somalia to be notified to the Committee established pursuant to resolution 751 (1992) and 1907 (2009) (“the Committee”), and further recalling that improved arms and ammunition management in Somalia is a fundamental component of greater peace and stability for the region, Stressing that any decision to continue or end the partial suspension of the arms embargo on the Federal Government of Somalia will be taken in the light of the thoroughness of the Federal Government of Somalia’s implementation of its requirements as set out in this and other relevant Security Council resolutions, Stressing the need for all Member States to respect and implement, in accordance with relevant Security Council resolutions, their obligations with respect to preventing unauthorized deliveries of weapons and military equipment to Somalia and to prevent the direct or indirect import of charcoal from Somalia in violation of the relevant Security Council resolutions, Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean, Taking note of the Somalia and Eritrea Monitoring Group’s continued assessment that the illegal charcoal trade continues to generate significant funding for AlShabaab, reiterating that charcoal exports from Somalia the continued violation of the ban, Expressing concern that destination countries for Somali charcoal have not yet taken sufficient steps to prevent the importation of charcoal from Somalia, Taking note of the President of the Federal Republic of Somalia’s 8 October letter to the Security Council requesting Member States to provide military assistance to prevent the export of charcoal from Somalia and to prevent the import of weapons into Somalia in violation of the arms embargo, Encouraging the FGS, in consultation with all levels of Government in Somalia, to mitigate properly against the petroleum sector in Somalia becoming a source of increased tension in Somalia, including through respecting the provisions of the constitution, and stressing the need to resolve issues of resource management and ownership as part of ongoing discussions around federalism, Eritrea Welcoming the meetings between representatives of the Government of Eritrea and the SEMG in Paris and Cairo and by telephone conference from New York, encouraging further cooperation, and underlining its expectation that this cooperation will deepen during the SEMG’s mandate, including through regular visits to Eritrea by the SEMG, Stressing its demand that Eritrea make available information pertaining to Djiboutian combatants missing in action since the clashes of June 2008 so that those concerned may ascertain the presence and conditions of the Djiboutian prisoners of war, Underlining the importance of full cooperation between the SEMG and the Government of Eritrea, AMISOM Expressing its gratitude to the African Union Mission in Somalia (AMISOM) for its work in bringing greater peace and stability to Somalia, Welcoming AMISOM’s recent joint operations with the Somali National Army (SNA), and paying tribute to the extraordinary bravery and sacrifices made by both AMISOM and SNA personnel in the fight against Al-Shabaab, Recognizing the importance of effective coordination among the United Nations Support Office to AMISOM (UNSOA), AMISOM, troop-contributing logistics for AMISOM operations, and underscoring the necessity of enablers and force multipliers to address key limiting factors to AMISOM operations such as timely maintenance of key equipment, maintenance of logistical supply lines, and availability of water, Recalling and welcoming AMISOM’s efforts to assist in the provision of training to the SNA, and underlining the importance of the Federal Government of Somalia taking on increased responsibility and ownership of the security sector, which is an essential part of AMISOM’s eventual exit strategy, Expressing concern at the reports of sexual violence and exploitation allegedly perpetrated by some AMISOM troops, reminding AMISOM of the United Nations Human Rights and Due Diligence policy, underscoring in this context the importance of the United Nations Zero Tolerance Policy on Sexual Exploitation and Abuse in the context of peacekeeping, welcoming the African Union’s deployment of a team to conduct a full investigation into these allegations, and underlining the importance of holding to account those responsible for such abuses, Welcoming the support of the international community to peace and stability in Somalia, in particular the European Union for its substantial contribution in supporting AMISOM, and emphasizing the importance of new contributors sharing the financial burden of supporting AMISOM, Somalia and Eritrea Monitoring Group Taking note of the letter dated 7 February 2014 from the Somalia and Eritrea Monitoring Group recommending an exemption to the arms embargo to improve reporting on security operations for commercial shipping, Determining that the situation in Somalia, Eritrea’s influence in Somalia, as well as the dispute between Djibouti and Eritrea, continue to constitute a threat to international peace and security in the region, Acting under Chapter VII of the Charter of the United Nations, Arms embargo
Reaffirms the arms embargo on Somalia, imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon in paragraphs 1 and 2 of resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 (2013) and paragraphs 4 to 17 (hereafter referred to as “the arms embargo on Somalia”);
Notes with concern that some deliveries of weapons and military equipment have not been notified to the Committee in accordance with the relevant Security Council resolutions, underlines the fundamental importance of timely and detailed notifications to the Committee as set out in paragraphs 3 to 7 of resolution 2142, notes with concern reports of diversion of arms and ammunition, and encourages supplying Member States to assist the FGS in improving its notifications to the Committee;
Decides to renew the provisions set out in paragraph 2 of resolution 2142 (2014) until 30 October 2015, and in that context reiterates that the arms embargo on Somalia shall not apply to deliveries of weapons, ammunition 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, to provide security for the Somali people, except in relation to deliveries of the items set out in the annex of resolution 2111 (2013);
Welcomes the steps taken by the Federal Government of Somalia to establish effective mechanisms in managing its weapons and military equipment, including the Arms and Ammunition Steering Committee, and notes with regret that these structures are not functioning with the required level of efficiency nor at all levels of government;
Expresses its disappointment that a weapons marking and registration process has not yet commenced, despite the Security Council’s appeal in its Presidential Statement of 22 May 2014 and urges the FGS to implement this process without further delay;
Requests the SNA and AMISOM to document and register all military equipment captured as part of offensive operations or in the course of carrying out their mandates, including recording the type and serial number of the weapon and/or ammunition, photographing all items and relevant markings and facilitating inspection by the SEMG of all military items before their redistribution or destruction;
Reiterates its request to the FGS, with the support of international partners to establish a joint verification team which would conduct routine inspections of government security forces’ stockpiles, inventory records and the supply chain of weapons, and requests that any such group provide its findings to the Committee, for the purposes of mitigating the diversion
Reiterates 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;
Urges the FGS to implement fully all its requirements as set out in this and other relevant Security Council resolutions, and requests the FGS to report to the Security Council by 30 March 2015, and then by 30 September 2015 on: (a) The current 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;
Takes note of the SEMG’s recommendation that weapons on board vessels engaged in commercial activity in Somali ports are granted an exemption to the arms embargo, expresses its willingness to take such a proposal forward, in close consultation with the FGS, and requests the FGS and SEMG to work together and formulate a proposal which should be communicated to the Security Council by 27 February 2015; Maritime interdiction of charcoal and arms
Reaffirms the ban on the import and export of Somali charcoal, as set out in paragraph 22 of resolution 2036 (2012) (“the charcoal ban”), and reiterates that the Somali authorities shall take the necessary measures to prevent the export of charcoal from Somalia and reiterates its requests in paragraph 18 of resolution 2111 (2013), that AMISOM support and assist the Somali authorities in doing so, as part of AMISOM’s implementation of its mandate set out in paragraph 1 of resolution 2093;
Condemns the ongoing export of charcoal from Somalia, in violation of the total ban on the export of charcoal from Somalia reaffirmed above; respect and implement their obligations to prevent the direct or indirect import of charcoal from Somalia, whether or not such charcoal originated in Somalia, as set out in paragraph 22 of resolution 2036 (2002), and affirms this includes taking the necessary measures to prevent the use of their flag vessels for such importing;
Condemns the flow of weapons and military equipment to Al-Shabaab and other armed groups which are not part of the security forces of the Federal Government of Somalia, and expresses serious concern at the destabilizing impact of such weapons;
Authorizes for a period of 12 months from the date of this resolution Member States, acting nationally or through voluntary multinational naval partnerships, such as “Combined Maritime Forces”, in cooperation with the FGS and which the FGS has notified to the Secretary-General and which the Secretary-General has subsequently notified to all Member States, in order to ensure strict implementation of the arms embargo on Somalia and the charcoal ban, to inspect, without undue delay, in Somali territorial waters and on the high seas off the coast of Somalia extending to and including the Arabian sea and Persian Gulf, vessels bound to or from Somalia which they have reasonable grounds to believe are: (i) Carrying charcoal from Somalia in violation of the charcoal ban; (ii) carrying weapons or military equipment to Somalia, directly or indirectly, in violation of the arms embargo on Somalia; (iii) carrying weapons or military equipment to individuals or entities designated by the Committee established pursuant to resolution 751 (1992) and 1907 (2009);
Calls upon all Flag States of such vessels to cooperate with such inspections, requests Member States to make good-faith efforts to first seek the consent of the vessel’s Flag State prior to any inspections pursuant to paragraph 15, authorizes Member States conducting inspections pursuant to paragraph 15 to use all necessary measures commensurate with the circumstances to carry out such inspections and in full compliance with international humanitarian law and international human rights law, as may be applicable, and urges Member States conducting such inspections to do so without causing undue delay to or undue interference with the exercise of the right of innocent passage or freedom of navigation; inoperable or unusable, storage, or transferring to a State other than the originating or destination States for disposal) any items identified in inspections pursuant to paragraph 15, the delivery, import or export of which is prohibited by the arms embargo on Somalia or the charcoal ban, authorizes Member States to collect evidence directly related to the carriage of such items in the course of such inspections, and decides that charcoal seized in accordance with this paragraph may be disposed of through resale which shall be monitored by the SEMG;
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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.