LegalizeΑποφάσεις - Ανακοινώσεις — ΦΕΚ A' 62/2020
ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.3460/ΑΣ 12752 Απόφαση 2498 (2019) του Συμβουλίου Ασφάλειας 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 2498 (2019) 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. on 15 November 2019 The Security Council, Recalling all its previous resolutions and statements of its President on the situation in Somalia, Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, and underscoring the importance of working to prevent destabilising effects of regional disputes from spilling over into Somalia, Expressing its support for the Federal Government of Somalia (FGS) in their efforts to reconstruct the country, counter the threat of terrorism and tackle the flow of illegal arms and armed groups, further expressing its intention to ensure the arms embargo in this resolution will enable the FGS in the realisation of these objectives, and noting its intention to set out all of the provisions of the arms embargo in this text, 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 their 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, Condemning any flows of weapons and ammunition supplies to and through Somalia in violation of the arms embargo, including when Somalia as a serious threat to peace and stability in the region, and further condemning continued illegal flows of weapons and ammunition from Yemen to Somalia, Expressing serious concern at reports of increased exploitation of Somalia, by Al-Shabaab and transnational organized crime networks, as a transit and transhipment point for the trade in sub-standard, illicit and dual-use goods and the revenues this trade generates for AlShabaab, and further expressing concern at continued reports of illegal, unreported and unregulated fishing in waters where Somalia has jurisdiction, and encourages the FGS, with support from the international community, to ensure fishing licenses are issued in accordance with the appropriate Somali legislation, Reiterating the importance of co-operation and coordination between the FGS and the Federal Member States (FMS) and implementation of the National Security Architecture and noting that a successful transition to Somali-led security from the African Union Mission in Somalia (AMISOM) as set out under the Transition Plan is fundamental to the maintenance of peace and stability in the region, 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 AntiCorruption Law on 21 September 2019, progress made by the FGS 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 and to continue to accelerate the pace of reform, Expressing serious concern at the humanitarian situation 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, Further expressing serious concern over the widespread nature and persistence of sexual and gender-based violence in Somalia, and encouraging the Somali authorities to further strengthen efforts to address it, including by implementing measures in line with resolution 2467 (2019), Taking note with appreciation of the final report of the Panel of Experts (the Panel) on Somalia (S/2019/858) and the technical assessment mission report of the Secretary-General (S/2019/616), expressing serious concern that the FGS has not been cooperating with the Panel during the majority of their mandate, welcoming the FGS’s collaboration and active participation with the technical assessment team on their visit, urging the FGS to engage on 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, Welcoming regional efforts with a view to supporting the normalisation of relations between Eritrea and Djibouti including disputes regarding their shared border, and expressing concern at continuing reports of Djiboutian combatants missing in action, Determining that the situation in Somalia continues to constitute a threat to international peace and security in the region, resources in addition to the charcoal trade, including the taxing of the illicit sugar trade, agricultural production and livestock, notes with concern their ability to store and transfer resources, and requests the Panel, with input from FGS and UNODC, to conduct an analysis of all of Al-Shabaab’s revenue sources, their methods of storage and transfer, and mapping of illegal taxation systems, and to provide recommendations to the Committee pursuant to resolution 751 (1992) concerning Somalia (the Committee);
Requests the FGS to strengthen cooperation and coordination with other Member States, particularly other Member States in the region, and 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 their regular reporting to the Committee, an update on concrete actions taken by the FGS 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, and to take further steps to deliver the Somali-led Transition Plan, and underlines the responsibility of the FGS 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;
Reiterates the importance of the FGS and FMS enhancing civilian oversight of all their security institutions and implementing appropriate vetting of all defence and security personnel, including human rights vetting, calls upon the FGS to continue to investigate promptly and as appropriate prosecute individuals responsible for violations of international law, including international humanitarian law and international human rights law, and 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 the Somali security forces and AMISOM;
Calls upon the international community to support implementation of the Somali-led Transition Plan to help develop credible, professional and representative Somali security forces, including providing additional and coordinated support 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 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 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 Panel of all military items before their redistribution or destruction; (i) Exemptions, advance approvals and notifications
Decides that until 15 November 2020 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, 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 and the delivery of technical advice, financial and other assistance, and training related to military activities 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 weapons and military equipment listed 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, may be provided in the absence of a negative decision by the Committee 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 or the delivery of technical advice, financial and other assistance, and training related to military activities 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 or technical advice, financial and other assistance, and training related to military activities 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 support with notification procedures where appropriate, and requests the Committee to transmit advance requests for approval and notifications from States or 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, that 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, follow strictly the notification procedures for providing assistance to develop Somali security sector institutions other than those of the FGS; (ii) Exceptions
Reaffirms that the embargo shall not apply to: (a) Supplies of weapons or military equipment or the provision of technical advice, financial and other assistance, and training related to military activities intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM), the African Union Mission in Somalia (AMISOM); AMISOM’s strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with AMISOM; and the European Union Training Mission (EUTM) in Somalia, all as per paragraph 10 (a)–(d) of resolution 2111 (2013); (b) Supplies of weapons and military equipment destined for the sole use of States or international, regional and subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia, upon the request of the FGS for which it has notified the Secretary-General, and provided that any measures undertaken shall be consistent with applicable international humanitarian and international human rights law; (c) Supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only; (d) Entry into Somali ports for temporary visits of vessels carrying weapons and military equipment for defensive purposes provided that such items remain at all times aboard such vessels (as previously affirmed by paragraph 3 of resolution 2244 (2015)); Targeted sanctions in Somalia
Recalls its decisions in its resolution 1844 (2008) which imposed targeted sanctions and its resolutions 2002 (2011), and 2093 (2013) which expanded the listing criteria, and recalls its decisions in its resolutions 2060 (2012) and 2444 (2018), and further recalls that the listing criteria includes, but is not limited to, planning, directing or committing acts involving sexual and gender based violence;
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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.