LegalizeΑποφάσεις - Ανακοινώσεις — ΦΕΚ A' 38/2019
ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.3460/ΑΣ11113 Απόφαση 2444 (2018) του συμβουλίου ασφαλείας Ο.Η.Ε. σχετικά με τη Σομαλία και την Ερυθραία. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Τη διάταξη του άρθρου 1 του Α.Ν. 92 της 3/10.8.67 «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 2444 (2018) 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. 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, Underlining its support for the efforts of the Somali authorities to deliver stability and security in Somalia and to reduce the threats to peace and security posed by Al-Shabaab and affiliates linked to ISIL (also known as Da’esh), Condemning any flows of weapons and ammunition supplies to and through Somalia in violation of the arms embargo on Somalia, including when they result in supplies to Al-Shabaab and affiliates linked to ISIL (also known as Da’esh) and when they undermine the sovereignty and territorial integrity of Somalia, as a serious threat to peace and stability in the region, and expressing concern at reports of increased illegal flows of weapons and ammunition supplies from Yemen to Somalia, Welcoming the cooperation between the Federal Government of Somalia (FGS), the Federal Member States (FMSs), and the SEMG, and underlining the importance of these relationships improving further and strengthening in the future, Welcoming the development of a conditions-based transition plan with clear target dates for the progressive transfer of security responsibilities from the African Union Mission in Somalia (AMISOM) to the Somali security institutions and forces, calling for its swift and coordinated implementation with full participation from all stakeholders, and recalling the critical importance of accelerating the implementation of the National Security Architecture agreement between the FGS and the FMSs, including decisions to define the composition and roles of Somalia’s security forces and to integrate and provide federal support to regional forces, in order to provide the foundation for a successful transition to Somali-led security, Taking note of the efforts of the FGS to improve its notifications to the Committee pursuant to resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea (“the Committee”), urging further progress in this regard, and recalling that improved arms and ammunition management in Somalia is a fundamental component of greater peace and stability for the region, Commending the efforts of the FGS to restore key economic and financial institutions, increase domestic revenue and implement financial governance and structural reforms, welcoming the continued progress on building a track record of reforms under the International Monetary Fund Staff-Monitored Programme, together with progress on the anti Welcoming the FGS’s efforts to implement the Anti-Money Laundering and Countering the Financing of Terrorism Act (2015) and the National Communications Act (2017), underlining the importance of compliance with the counter-terrorism and national security provisions in this legislation, and further welcoming the establishment of a Financial Reporting Centre to serve as Somalia’s financial intelligence unit, Underlining the importance of financial propriety in contributing to stability and prosperity, welcoming the efforts of the FGS to address corruption, and stressing the need for a zero tolerance approach to corruption to promote transparency and increase mutual accountability in Somalia, Expressing serious concern at reports of illegal, unreported and unregulated fishing in waters where Somalia has jurisdiction, underlining the importance of refraining from illegal, unreported and unregulated fishing, welcoming further reporting on the matter, and encouraging the FGS, with the support of the international community, to ensure that fishing licenses are issued in a responsible manner and in line with the appropriate Somali legal framework, Expressing serious concern at the ongoing difficulties in delivering humanitarian aid in Somalia, 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 and harassment of humanitarian workers, Recalling that the FGS has the primary responsibility to protect its population, and recognising the FGS’s responsibility, working with the FMSs, to build the capacity of its own national security forces, as a matter of priority, Welcoming the FGS’s efforts to address sexualand gender-based violence, encouraging strengthened reporting mechanisms to facilitate prosecutions, and further encouraging the FGS to continue to implement its National Action Plan on Ending Sexual Violence in Conflict through training, accountability, victim support and oversight of the security sector, Commending efforts towards peace, stability and reconciliation in the region, including the signing of the Joint Declaration of Peace and Friendship between Eritrea and Ethiopia on 9 July 2018, the signing of the Joint Declaration on Comprehensive Cooperation between Ethiopia, Somalia and Eritrea on 5 September 2018, and the signing of the Agreement on Peace, Friendship and Comprehensive Cooperation between Eritrea and Ethiopia on 16 September 2018, Intergovernmental Authority on Development (IGAD) and other relevant subregional and regional organisations in consolidating recent gains in peace and security in the region, and carry out good offices on behalf of the Secretary-General, Regretting that the SEMG has not been able to visit Eritrea since 2011 and fully discharge its mandate, and welcoming the meeting on 5 October 2018 between the representative of the Government of Eritrea and the Coordinator of the SEMG, Welcoming that in recent months several armed groups in the region have declared that they will cease hostilities and engage peacefully in efforts to pursue reconciliation in the region, Expressing concern at ongoing reports of Djiboutian combatants missing in action since the clashes in 2008, calling on Eritrea and Djibouti to continue to engage in resolving the issues of combatants, and urging Eritrea to share any further available detailed information pertaining to the combatants, Taking note of increased engagement between Eritrea and Djibouti, strongly encouraging further efforts towards normalisation of relations and good neighbourhood between Djibouti and Eritrea, including cooperation in accordance with international law to resolve any disputes regarding their shared border, and reaffirming its readiness to continue to assist the parties in the peaceful settlement of any prolonged disputes, 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, Lifting of arms embargoes, travel bans, asset freezes and targeted sanctions on Eritrea
Recalls paragraphs 16 and 17 of resolution 1907 (2009) and recognises that during the course of its current and four previous mandates the SEMG has not found conclusive evidence that Eritrea supports AlShabaab;
Welcomes the meeting on 25 September 2018 between the representative of the Government of Eritrea and the Chair of the Committee, and further welcomes the meeting on 5 October 2018 between the representative of the Government of Eritrea and the Coordinator of the SEMG, with the participation of the Chair of the Committee; September 2018, underlines the importance of continuing efforts towards the normalisation of relations between Eritrea and Djibouti for regional peace, stability and reconciliation, and encourages Member States, international, regional and subregional organisations and other parties to continue to support these efforts including through their good offices;
Decides to lift from the date of adoption of this resolution the arms embargoes, travel bans, asset freezes and targeted sanctions imposed on Eritrea by the Security Council in its resolutions 1907 (2009) 2023 (2011), 2060 (2012) and 2111 (2013);
Expresses its satisfaction that funds derived from the mining sector of Eritrea are not contributing to violations of resolutions 1844 (2008), 1862 (2009), 1907 (2009) or 2023 (2011), and decides that from the date of adoption of this resolution, States are no longer required to undertake the measures set out in paragraph 13 of resolution 2023 (2011);
Urges Eritrea and Djibouti to engage on the issue of the Djiboutian combatants missing in action including through the mediation of any relevant party of their own choosing, and further urges Eritrea to make available any further detailed information;
Urges the two parties to continue efforts to settle their border dispute peacefully in a manner consistent with international law by conciliation, arbitration or judicial settlement, or by any other means of pacific dispute settlement identified in Article 33 of the Charter upon which they agree;
Affirms that it will continue to follow developments towards the normalisation of relations between Eritrea and Djibouti and will support the two countries in the resolution of these matters in good faith; Committee
Decides that the mandate of the Committee pursuant to resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea, hereafter to be known as the Committee pursuant to resolution 751 (1992) concerning Somalia (“the Committee”), shall include the tasks as set out in paragraph 11 of resolution 751 (1992), paragraph 11 of resolution 1844 (2008), and paragraph 23 of resolution 2036 (2012), and requests that the Committee amends its guidelines, its implementation assistance notices and its website accordingly; Somalia and Eritrea Monitoring Group (SEMG), with effect from 16 December 2018; Panel of Experts on Somalia
Decides to establish, with effect from the date of adoption of this resolution, until 15 December 2019, the Panel of Experts on Somalia, further decides that the mandate of the Panel of Experts shall include the tasks as set out in paragraph 13 of resolution 2060 (2012) and updated in paragraph 41 of resolution 2093 (2013), paragraph 15 of resolution 2182 (2014), paragraph 23 of resolution 2036 (2012) and paragraph 29 of this resolution as they relate to Somalia, and expresses its intention to review the mandate and take appropriate action regarding any extensions of the mandate of the Panel of Experts no later than 15 November 2019;
Requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to establish the Panel of Experts, consisting of six members and to be based in Nairobi, in consultation with the Committee, until 15 December 2019, drawing, as appropriate, on the expertise of the members of the SEMG established pursuant to previous resolutions, and further requests the Panel of Experts to include the necessary gender expertise, in line with paragraph 6 of resolution 2242 (2015); Somalia 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 of resolution 2111 (2013), paragraph 14 of resolution 2125 (2013), paragraph 2 of resolution 2142 (2014), paragraph 2 of resolution 2244 (2015), paragraph 2 of resolution 2317 (2016) and paragraph 2 of resolution 2385 (2017) (hereafter referred to as “the arms embargo on Somalia”);
Decides to renew the provisions set out in paragraph 2 of resolution 2142 (2014) until 15 November 2019, 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 Somali National Security Forces, to provide security for the Somali people, except in relation to deliveries of the items set out in the annex of resolution 2111 (2013);
Reaffirms its decision that the entry into Somali ports for temporary visits of vessels carrying arms and related materiel for defensive purposes does remain at all times aboard such vessels;
Reiterates its decision that weapons or military equipment sold or supplied solely for the development of the Somali National Security Forces may 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, and underlines the responsibility of the FGS and the FMSs to ensure the safe and effective management, storage and security of their stockpiles;
Welcomes in this regard the improvements made by the FGS in weapons registration, recording and marking procedures and encourages further improvements, expresses concern at reports of continued weapons diversion from within the FGS and FMSs, notes that further improved weapons and ammunition management is vital in order to prevent the diversion of weapons and ammunition, and reiterates that the Security Council is committed to monitoring and assessing improvements in order to review the arms embargo when all conditions as set out in Security Council resolutions are met;
Calls upon the FGS to facilitate access for the Panel of Experts, on the basis of written requests to the FGS by the Panel of Experts submitted at least ten days in advance, to all FGS armouries in Mogadishu, all FGS imported weapons and ammunition prior to distribution, all FGS military storage facilities in Somalia National Army (SNA) sectors and all captured weaponry in FGS custody, and to allow photographs of weapons and ammunition in FGS custody and access to all FGS logbooks and distribution records, in order to enable the Security Council to monitor and assess progress in this area;
Welcomes the ongoing efforts of the FGS to develop detailed Standard Operating Procedures for weapons and ammunition management including an issue and receipt system to track all weapons post distribution, further welcomes the development of a mechanism to distribute weapons and ammunition to regional forces, consistent with the requirements of this resolution including paragraph 16, encourages that such a mechanism be expanded to include other military equipment and supplies, consistent with the requirements of this resolution including paragraph 16, and urges the FGS to finalise and implement these procedures as soon as possible;
Welcomes the establishment of the Joint Verification Team (JVT) and urges Member States to support improved weapons and ammunition management to improve the capacity of the FGS to manage weapons and ammunition; (2014) and as requested in paragraph 7 of resolution 2244 (2015), calls on the FGS and FMSs to accelerate the implementation of the National Security Architecture agreement, the Security Pact, and the transition plan in order to provide Somali-led security and protection to the people of Somalia, and requests the FGS to report to the Security Council in accordance with paragraph 9 of resolution 2182 (2014) and as requested in paragraph 7 of resolution 2244 (2015), by 15 March 2019 and then by 15 September 2019, on the structure, composition, strength and disposition of its Security Forces, including the status of regional and militia forces, and to include as annexes the reports of the JVT requested in paragraph 7 of resolution 2182 (2014);
Recalls that the FGS has the primary responsibility to notify the Committee of any deliveries of weapons, ammunition or military equipment or the provision of advice, assistance or training to its Security Forces, pursuant to paragraphs 3 to 8 of resolution 2142 (2014), and calls upon the FGS to improve its notifications to the Committee;
Calls upon the FGS to continue to improve the timeliness and content of notifications regarding the completion of deliveries, as set out in paragraph 6 of resolution 2142 (2014);
Requests the FGS to incorporate the notifications regarding the destination unit in the Somali National Security Forces upon distribution of imported arms and ammunition, detailed in paragraph 7 of resolution 2142 (2014), into the regular FGS reporting to the Security Council requested in paragraph 20;
Stresses Member States’ obligations pursuant to the notification procedures set out in paragraph 11 (a) of resolution 2111 (2013), urges Member States to strictly follow the notification procedures for providing assistance to develop Somali security sector institutions, and encourages Member States to consider Implementation Assistance Notice No.2 of the Committee as a guide;
Recalls paragraph 2 of resolution 2142 (2014) and notes that support for the development of the Somali National Security Forces may include, inter alia, building infrastructure and provision of salaries and stipends solely provided to the Somali National Security Forces;
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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.