LegalizeΑποφάσεις - Ανακοινώσεις — ΦΕΚ A' 263/2020
ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ. 3460/ΑΣ 61169 Απόφαση 2551(2020) του Συμβουλίου Ασφαλείας Ο.Η.Ε. σχετικά με τη Σομαλία. 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» (Α΄139). Προβαίνουμε στη δημοσίευση της απόφασης 2551 (2020) 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. is fundamental to the maintenance of peace and stability in the region, Condemning Al-Shabaab attacks in Somalia and beyond, expressing grave concern that Al-Shabaab continues to pose a serious threat to the peace, security and stability of Somalia and the region, particularly through its increased use of improvised explosive devices (IEDs), and further expressing grave concern at the continued presence in Somalia of affiliates linked to Islamic State in Iraq and the Levant (ISIL also known as Da’esh), Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights law, international refugee law, and international humanitarian law, threats to international peace and security caused by terrorist acts, Welcoming progress made by the FGS on weapons and ammunition management (WAM), including the adoption of the National WAM Strategy, urging continued work codifying and implementing weapons and ammunition management policies including developing an accountable weapons tracing system for all Somali security forces, recognising that effective weapons and ammunition management is the responsibility of the FGS and FMS, and encouraging Somalia’s partners to support the FGS and FMS with this, and in line with Somalia’s National Security Architecture and Transition Plan, Encouraging the FGS to coordinate with international and regional partners regarding its needs in developing its National Security Forces, noting that these forces require access to weapons and specialist equipment, in accordance with the measures in this resolution, in order to perform their functions effectively, Condemning the supply of weapons and ammunition supplies to and through Somalia in violation of the arms embargo, especially when they reach Al-Shabaab and affiliates linked to ISIL, and when they undermine the sovereignty and territorial integrity of Somalia, as a serious threat to peace and stability in the region, and further condemning continued illegal supply of weapons, ammunition and IED components from Yemen to Somalia, Recognising that the threat posed by Al-Shabaab to peace, security and stability in Somalia and the region goes beyond the group’s conventional military action and asymmetric warfare, expressing serious concern at Al-Shabaab’s ability to generate revenue as documented in the final report of the Panel of Experts (the Panel) on Somalia (S/2020/949) welcoming the FGS’ efforts to strengthen the Somali Financial Sector to identify and monitor money laundering risks and combat terrorist financing, noting the steps set out by the FGS in the Somalia Transition Plan on institutional capacity building, which seek to develop these capabilities, noting the importance of financial services in enabling Somalia’s economic future, further welcoming efforts by the FGS, United Nations Office on Drugs and Crime (UNODC) and the Panel to develop a plan to disrupt Al-Shabaab finances, and urging engagement from the FGS, FMS, Somali financial institutions, the private sector and the international community to support this process, Welcoming measures taken by the FGS, FMS and United Nations Member States with charcoal destination markets to reduce the export of charcoal, urging monitoring and control of existing charcoal stockpiles at export points, encouraging further development of Somalia’s National Policy on Charcoal which aims to develop the sustainable management of domestic charcoal use expressing concern at continued reports of illegal and unregulated fishing in waters where Somalia has jurisdiction, noting the link between illegal fishing and Al-Shabaab’s ability to the appropriate Somali legislation, and further encouraging the FGS, FMS and Somali authorities to work with the UNODC, their international partners and other stakeholders to improve maritime domain awareness. Expressing concern at the continued reports of corruption and diversion of public resources in Somalia, welcoming efforts made by the FGS to reduce corruption including the enactment of the Anti-Corruption Law on 21 September 2019 and establishment of the Anti-Corruption Commission, welcoming progress made by the FGS and FMS in strengthening public financial management and the positive work of the Financial Reporting Centre, and calling for the FGS to continue its efforts to address corruption, to ratify the United Nations Convention Against Corruption and to continue to accelerate the pace of reform, Expressing serious concern at the humanitarian situation in Somalia, noting the combined threat posed by flooding, locust infestation and COVID-19 and condemning in the strongest terms any party obstructing the safe delivery of humanitarian assistance, any misappropriation or diversion of any humanitarian funds or supplies, and acts of violence against or harassment of humanitarian workers, Noting the adoption of conclusions on Children and Armed Conflict in Somalia on 11 August 2020 by the Security Council Working Group on Children and Armed Conflict, further noting with concern reports, including from the Secretary General of the United Nations, which document worrying levels of sexual and gender based violence in Somalia, and urging the Somali authorities to further strengthen efforts to address this, including by implementing measures in line with resolution 2467 (2019). Taking note with appreciation of the final report of the Panel and the technical assessment mission report of the Secretary-General (S/2019/616), welcoming the increased cooperation between the Panel and the FGS, regretting, due to the COVID-19 pandemic, the reduced ability of the Panel to visit Somalia and the wider impact of the pandemic on the Panel’s work in 2020, and urging all parties to find a way forward which will enable the Security Council to better assess and monitor compliance with the sanctions regime, and recalling that panels of experts operate pursuant to mandates from the Security Council, Determining that the situation in Somalia continues to constitute a threat to international peace and security in the region, Acting under Chapter VII of the Charter of the United Nations,
Notes with concern Al-Shabaab’s ability to generate revenue and launder, store and transfer resources, calls upon the FGS to continue working with Somali financial authorities, private sector financial institutions and the international community to identify, assess and mitigate money laundering and terrorist financing risks, improve compliance (including enhanced Know Your Customer and due diligence procedures) and strengthen supervision and enforcement, including through increased reporting to the Central Bank of Somalia and Financial Reporting Centre in line with the Anti-Money Laundering and Counter the Financing of Terrorism Act (2016) as well as the Mobile Money Regulations (2019), encourages the FGS to consider implementing a national ID programme to help mitigate terrorist financing risks, further encourages support from the international community in addressing these risks and requests the FGS, UNODC and the Panel to continue exchanging information about Al-Shabaab’s finances and to continue working with stakeholders to develop a plan to disrupt Al-Shabaab’s finances; with international partners to prevent and counter the financing of terrorism, including compliance with resolution 1373 (2001), resolution 2178 (2014), resolution 2462 (2019), and relevant domestic and international law, and requests the FGS to submit, in its regular reporting to the Council, an update on specific actions taken by the Somali authorities to counter the financing of terrorism;
Calls upon the FGS, in coordination with the FMS, to accelerate the implementation of the National Security Architecture, including decisions around the composition, distribution and command and control of the security forces, welcomes progress on the STP and urges the FGS and FMS to take further steps to update and implement the STP, welcomes progress on weapons and ammunition management and underlines the responsibility of the FGS and FMS to ensure the safe and effective management, storage and security of their stockpiles of weapons, ammunition and other military equipment and their distribution, including implementation of a system which allows tracking of all such military equipment and supplies to the unit level;
Calls upon the FGS and FMS to enhance civilian oversight of their security apparatus, to continue to adopt and implement appropriate vetting procedures of all defence and security personnel, including human rights vetting, and to 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 in relation to the support provided by the United Nations to Somali security forces and AMISOM;
Calls upon the international community to support implementation of the STP to help develop credible, professional and representative Somali security forces, including providing additional and coordinated support to continue to develop the weapons and ammunition management capacity of the FGS and FMS, with a particular focus on training, storage, support for infrastructure and distribution, technical assistance and capacity building with regard to countering financing of terrorism, and support in tackling the threat of IEDs; Arms Embargo
Reaffirms that all States shall, for the purposes of establishing peace and stability in Somalia, implement a general and complete embargo on all deliveries of weapons and military equipment to Somalia, including prohibiting the financing of all acquisitions and deliveries of weapons and military equipment and the direct or indirect supply of technical advice, financial and other assistance, and training related to military activities, until the Council decides otherwise (as initially imposed by paragraph 5 of its resolution 733 (1992) and paragraphs 1 and 2 of resolution 1425 (2002));
Decides that weapons and military equipment sold or supplied solely for the development of the Somali National Security Forces or Somali security sector institutions other than those of the FGS in accordance with paragraph 9 of this resolution shall not be resold to, transferred to, or made available for use by any individual or entity not in the service of the Somali National Security Forces or Somali security sector institution to which it was originally sold or supplied or the selling or supplying State or international, regional or subregional organisation;
Reaffirms that the FGS, in cooperation with the FMS and AMISOM, shall document and register all weapons and military equipment captured as part of photographing all items and relevant markings and facilitating inspection by the Panel of all military items before their redistribution or destruction; (i) Exemptions, advance approvals and notifications
Decides that the arms embargo on Somalia shall not apply to deliveries of weapons and military equipment or the provision of technical advice, financial and other assistance, and training related to military activities, intended solely for the development of the Somali National Security Forces, or Somalia security sector institutions other than those of the FGS, to provide security for the Somali people, except in relation to items in Annex A and B to this resolution and the delivery of technical advice, financial and other assistance, and training related to military activities to Somali security sector institutions other than those of the FGS, which are subject to the relevant advance approvals and notification procedures as set out in paragraphs 10–17;
Decides that deliveries of items in Annex A to this resolution intended solely for the development of the Somali National Security Forces, or Somali security sector institutions other than those of the FGS, to provide security for the Somali people, require an advance approval by the Committee on a case-by-case basis, submitted at least five working days in advance by the FGS or the State or international, regional or subregional organisation delivering assistance;
Decides that deliveries of items in Annex B to this resolution intended solely for the development of the Somali National Security Forces, to provide security for the Somali people are subject to notifications to the Committee for information submitted at least five working days in advance by the FGS or the State or international, regional or subregional organisation delivering assistance;
Decides that deliveries of items in Annex B to this resolution or the delivery of technical advice, financial and other assistance, and training related to military activities, intended solely for the purposes of helping develop Somali security sector institutions other than those of the FGS, to provide security for the Somali people, may be provided in the absence of a negative decision by the Committee within five working days of receiving a notification from the supplying State or international, regional and sub-regional organisation, and requests States or international, regional and sub-regional organisations to inform the FGS in parallel of any such deliveries at least five working days in advance;
Decides that the FGS has the primary responsibility to seek approval from or notify the Committee pursuant to paragraph 10 or 11, as applicable of any deliveries of weapons and military equipment to the Somali National Security Forces, at least five days in advance, and that all requests for approvals and notifications should include: details of the manufacturer and supplier of the weapons and military equipment, a description of the arms and ammunition including the type, calibre and ammunition, proposed date and place of delivery, and all relevant information concerning the intended destination unit in the Somali National Security Forces, or the intended place of storage;
Decides that the State or international, regional or subregional organisation delivering weapons and military equipment to the Somali National Security Forces pursuant to paragraph 10 or 11, may alternatively, make an advance request for approval or notification, as applicable, in consultation with the FGS, decides that a State or international, regional or subregional organisation choosing to do so should inform the appropriate national coordinating body within the FGS of the advance request for approval or notification and provide the FGS with technical international, regional or subregional organisations to the appropriate national coordinating body in the FGS;
Decides that a State or international, regional or subregional organisation delivering any weapon and military equipment, technical advice, financial and other assistance, and training related to military activities to Somali security sector institutions other than those of the FGS, pursuant to paragraph 10 or 12, has responsibility for seeking approval from or notifying the Committee, as applicable, for any deliveries of those items, advice, assistance or training, and informing the FGS in parallel at least five working days in advance;
Decides that where paragraphs 10 or 11 apply, the FGS shall no later than 30 days after the delivery of weapons and military equipment, submit to the Committee a post-delivery notification in the form of written confirmation of the completion of any delivery to the Somali National Security Forces, including the serial numbers for the weapons and military equipment delivered, shipping information, bill of lading, cargo manifests or packing lists, and the specific place of storage, and recognises the value of the supplying State or international, regional or subregional organisation doing the same, in cooperation with the FGS;
Reaffirms that the delivery of non-lethal military equipment intended solely for humanitarian or protective use shall be notified to the Committee five days in advance for its information only, by the supplying State or international, regional or subregional organisation;
Notes with concern reports that States were not adequately following the notification procedures set out in prior resolutions, reminds States of their obligations pursuant to the notification procedures, set out in paragraph 10 –17, and further urges States to follow strictly the notification procedures for providing assistance to develop Somali security sector institutions other than those of the FGS; (ii) Exceptions
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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.