1 (1945) Nr. 78

A. TITEL

Handvest van de Verenigde Naties;

San Francisco, 26 juni 1945

Voor een overzicht van de verdragsgegevens, zie verdragsnummer 006585 in de Verdragenbank.

B. TEKST

Op 15 november 2021 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 8905e zitting Resolutie 2607 (2021) inzake Somalië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2607 (2021)
Adopted by the Security Council at its 8905th meeting, on 15 November 2021

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,

Welcoming the agreements reached between the Federal Government of Somalia (FGS) and Somalia’s Federal Member States (FMS) on 17 September 2020 and 27 May 2021, urging the FGS and FMS to implement these agreements and conduct peaceful, credible and inclusive elections in 2021,

Believing that sustained progress in state-building in Somalia will prevent terrorist groups, including Al-Shabaab from exploiting the situation in Somalia, expressing concern about continued delays in consolidating Somalia’s federal system, underscoring the importance of progress on national priorities, including the National Security Architecture, the Somalia Transition Plan (2021) (STP), the ninth National Development Plan and the jointly-agreed Mutual Accountability Framework, and reaching agreement on a federated police and justice system, fiscal federalism, power- and resource-sharing, and the constitutional review, in this regard welcoming the roadmap agreed on 27 May 2021, and urging the FGS and the FMS to implement it without delay,

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,

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 distribution and 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 the STP,

Condemning the supply of weapons and ammunition 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,

Condemning Al-Shabaab’s terrorist 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 exploitation of the licit financial system, 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,

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-Shaabab’s ability to generate revenue as documented in the final report of the Panel of Experts (the Panel) on Somalia (S/2021/849) 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 STP 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, the 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,

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 the establishment of the Anti-Corruption Commission, as well as the ratification of the United Nations Convention Against Corruption, 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 and FMS to continue efforts to address corruption, and to continue to accelerate the pace of reform,

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, to address disposal of stockpiles,

Expressing concern at the reported ability of Al-Shabaab to exploit the trade in sugar and urging the FGS, FMS and regional stakeholders to address this,

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 generate revenue, encouraging the Somali authorities, with support from the international community, to ensure fishing licenses are issued in accordance with the appropriate Somali legislation, further encouraging the FGS, FMS and Somali authorities to work with the UNODC, their international partners and other stakeholders to improve maritime domain awareness and enforcement capabilities,

Expressing concern at the situation in Galmadug, reiterating the importance of peaceful dispute resolution both in the run-up to elections in 2021 and beyond, and reaffirming the importance of inclusive politics, and democratic elections in ensuring long-term peace and stability in Somalia,

Expressing serious concern at the humanitarian situation in Somalia, noting the combined threat posed by flooding, drought, locust infestation, forced displacement, 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 with concern reports, including from the Secretary-General, which document worrying levels of sexual and gender-based violence in Somalia, further noting with concern that Somalia remains one of the deadliest conflict areas for children, as outlined in the 2021 Report of the Secretary-General on Children and Armed Conflict, further 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 continuing to be the main perpetrator, and urging the Somali authorities to further strengthen efforts to address these “six grave violations” against children as identified by the Secretary-General, including by implementing measures in line with resolution 2467 (2019),

Reiterating the importance of inclusive dialogue and local reconciliation processes for stability in Somalia, reaffirming the importance of both the FGS and FMS engaging in constructive dialogue to de-escalate tensions between them, and further reiterating that the successful and peaceful conduct of elections in 2021 as planned and agreed can enable Somalia to refocus on addressing pressing problems, including among other things, the threat posed by Al-Shabaab, trafficking of weapons and ammunition, humanitarian needs, floods, drought, and COVID-19 and enable all parties to advance Somalia’s national priorities,

Taking note of the final report of the Panel, welcoming the increased cooperation between the Panel and the FGS, and recalling that panels of experts operate pursuant to mandates from the Security Council,

Expressing support for the FGS in its efforts to reconstruct the country, counter the threat of terrorism, and stop the trafficking of weapons and ammunition, further expressing its intention to ensure the measures in this resolution will enable the FGS in the realisation of these objectives, noting that the security situation in Somalia continues to necessitate these measures, including strict controls on the movement of arms but affirming that it shall keep the situation in Somalia under constant review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including any modification, possible benchmarks, suspension or lifting of the measures, as may be needed in light of the progress achieved and compliance with this resolution,

Recalling paragraphs 1 to 8 of resolution 2444 (2018), reaffirming 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,

Underscores its objective in this resolution is to support state- and peace-building in Somalia including by reducing the threat to peace and security posed by Al-Shabaab and by reducing the destabilising impact of Al-Shabaab’s activities, in Somalia and the region, and by supporting Somalia with security sector reforms, especially weapons and ammunition management, and through the measures and mechanisms outlined in the following operative paragraphs,

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,

*

Part 1: Degrading Al-Shabaab

  • 1. Reiterates that Al-Shabaab poses a threat to peace and security, and that its terrorist and other activities have a destabilising impact in Somalia and the region, and underscores the need to target Al-Shabaab’s finances, improve maritime domain awareness, prevent illicit revenue generation, including from the sale of charcoal, and reduce the threat posed by IEDs;

1a: Targeting illicit finances

  • 2. 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), commends the FGS for signing a National Identification (ID) bill and encourages the development of a unique Somali ID as a matter of priority to improve financial access and compliance and counter the financing of terrorism, 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 and exploitation of the licit financial system;

  • 3. Requests the FGS to strengthen cooperation and coordination with other United Nations 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 its regular reporting to the Council, an update on specific actions taken by the Somali authorities to counter the financing of terrorism;

1b: Maritime Interdiction and improving maritime domain awareness

  • 4. Encourages the UNODC, within its current mandate, under the Indian Ocean Forum on Maritime Crime, to bring together relevant States and international organisations, including European Naval Force Operation Atalanta, Combined Maritime Forces (CMF) and other naval forces in the region 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 in Somalia, and support the FGS and FMS to improve their maritime domain awareness and enforcement, including in relation to the role of fishing vessels in trafficking and illicit trade;

  • 5. Decides to renew and expand the provisions set out in paragraph 15 of resolution 2182 (2014) until 15 November 2022 and authorises 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, the charcoal ban, and the IED components 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 pursuant to resolution 751 (1992); or

    • iv) carrying IED components identified in Part I of Annex C to this resolution in violation of the IED components ban;

1c: Somalia Charcoal ban

  • 6. Condemns any exports of charcoal from Somalia in violation of the total ban on the export of charcoal, reaffirms its decision regarding the ban on the import and export of Somali charcoal, as set out in paragraph 22 of its resolution 2036 (2012) (“the charcoal ban”), and paragraphs 11 to 21 of resolution 2182 (2014);

  • 7. Welcomes measures taken by the FGS, FMS and Member States to reduce the export of charcoal from Somalia, reiterates its requests that the African Union Mission in Somalia (AMISOM) support and assist the FGS and FMSs in implementing the total ban on the export of charcoal from Somalia, encourages further development of Somalia’s National Policy on Charcoal to develop the sustainable management of domestic charcoal use, encourages the Food and Agriculture Organization (FAO) to provide the FGS with data and enhanced analysis on domestic charcoal production to inform the development of the FGS National Policy on Charcoal and calls upon AMISOM to facilitate regular access for the Panel to charcoal exporting ports;

  • 8. Reaffirms the importance of the efforts of the UNODC and its international partners to monitor and disrupt the export and import of charcoal to and from Somalia;

1d: IED components restrictions

  • 9. Noting the increase in IED attacks undertaken by Al-Shabaab, decides 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;

  • 10. Further decides that, 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 9, the State shall notify 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 the purpose of the use of the item(s), the end user, the technical specifications and the quantity of the item(s) to be shipped;

  • 11. Calls upon Member States to undertake appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject 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 inter alia items in part II of Annex C, to keep records of transactions and share information with the FGS, the Committee and the Panel regarding suspicious purchases of or enquiries into these chemicals by individuals in Somalia and to ensure that the FGS and FMS are provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of materials;

  • 12. Encourages international and regional partners of Somalia to implement continued specialist training of FGS Explosive Ordnance Disposal teams and to provide appropriate equipment and coordinate support to reinforce Somali capacity in the analysis of explosives;

Part 2: supporting state- and peace-building in Somalia

2a: Security sector reform and compliance with international law

  • 13. Calls upon the FGS, in coordination with the FMS, to accelerate the implementation of the National Security Architecture and STP, and urges the FGS and FMS to implement the 27 May 2021 roadmap;

  • 14. Further 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;

  • 15. Calls upon the international community to support implementation of the STP to help develop credible, professional and representative Somali security forces;

  • 16. Calls upon all parties to the conflict in Somalia to comply with international humanitarian law, and urges them to continue conducting prompt and full investigations when reports of civilian casualties resulting from military operations arise;

2b: Weapons and ammunition management and preventing illegal movement of weapons to and within Somalia

  • 17. 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;

  • 18. 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;

  • 19. Calls upon the international community to provide 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 and encourages international and regional partners to coordinate their efforts to support the strengthening of FGS bodies in charge of implementing the requirements of this resolution;

  • 20. Emphasises that effective weapons and ammunition management will reduce the ability of Al-Shabaab and other armed groups to obtain weapons and reduce the threat to peace and security posed by them, in Somalia and the region, and 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), hereafter “the arms embargo”;

  • 21. Recognises that Somali National Security Forces (SNSF) and Somali Security Sector Institutions other than those of the FGS (SSSIs) will require access to weapons and specialist equipment, in line with Somalia’s National Security Architecture and the STP, in order to perform their functions effectively and reaffirms that the arms embargo shall not apply to:

    • a) 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 SNSF, to provide security for the Somali people, except in relation to items in Annexes A and B to this resolution, which are subject to the applicable approvals and notification procedures as set out in paragraphs 23 and 24 to this resolution;

    • b) to deliveries of weapons and military equipment, intended solely for the development of SSSIs, to provide security for the Somali people, except in relation to items in Annexes A and B to this resolution, which are subject to the applicable approvals and notification procedures as set out in paragraphs 25 and 26 below;

    • c) the provision of technical advice, financial and other assistance, and training related to military activities, intended solely for the development of SSSIs, to provide security for the Somali people, which are also subject to the applicable approvals and notification procedures as set out in paragraph 26 below;

  • 22. Reaffirms that weapons and military equipment sold or supplied in accordance with the exemption in paragraph 21 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;

Approvals and notifications required under the arms embargo

  • 23. Reaffirms that deliveries of items in Annex A to this resolution, intended solely for the development of SNSF, to provide security for the Somali people, require an advance approval by the Committee on a case-by-case basis, requests for which shall be submitted at least five working days in advance by the FGS or the State or international, regional or subregional organisation delivering assistance;

  • 24. Reaffirms that deliveries of items in Annex B to this resolution, intended solely for the development of SNSF, 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;

  • 25. Reaffirms that deliveries of items in Annex A to this resolution, intended solely for the development of SSSIs, to provide security for the Somali people, require an advance approval by the Committee on a case-by-case basis, requests for which shall be submitted at least five working days in advance by the supplying State or international, regional or 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;

  • 26. Reaffirms 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 development of SSSIs, 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;

  • 27. 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;

Further information on approvals and notifications

  • 28. Reaffirms that the FGS has the primary responsibility to seek approval from or notify the Committee pursuant to paragraph 23 or 24, as applicable, of any deliveries of weapons and military equipment to the SNSF, 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 SNSF, or the intended place of storage;

  • 29. Reaffirms that the State or international, regional or subregional organisation delivering weapons and military equipment to the SNSF pursuant to paragraph 23 or 24, may alternatively, make an advance request for approval or notification, as applicable, in consultation with the FGS, reaffirms 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;

  • 30. Reaffirms 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 SSSIs, pursuant to paragraph 25 or 26, 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 and decides that all requests for approvals and notifications should include: details of the manufacturer and supplier of the weapons and military equipment including serial numbers, 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, or the intended place of storage;

  • 31. 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 paragraphs 23–30 above, and further urges States to follow strictly the notification procedures for providing assistance to SSSIs including informing the FGS;

  • 32. Reaffirms that where paragraphs 23 or 24 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 SNSF, 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;

  • 33. Decides that where paragraphs 25 or 26 apply the supplying State or international, regional or sub-regional organisation 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 SSSI, 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 inform the FGS in parallel;

Further exemptions to the arms embargo

  • 34. Reaffirms that the arms 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 and for which the FGS 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));

Part 3: Targeted Measures

  • 35. 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, and reiterates its request for Member States to assist the Panel of Experts in its investigations, and for the FGS, FMS and AMISOM and partners to share information with the Panel of Experts regarding conduct or activities, in particular Al-Shabaab activities, where covered by listing criteria;

  • 36. Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative for Sexual Violence in Conflict to share relevant information with the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011), and invites the Office of the United Nations High Commissioner for Human Rights to share relevant information with the Committee, as appropriate;

  • 37. Reaffirms that without prejudice to humanitarian assistance programmes conducted elsewhere, the measures imposed by paragraph 3 of its resolution 1844 (2008) shall not apply to the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia, by the United Nations, its specialised agencies or programmes, humanitarian organisations having observer status with the United Nations General Assembly that provide humanitarian assistance, and their implementing partners including bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plan for Somalia;

Panel of Experts on Somalia

  • 38. Decides to renew, with effect from the date of adoption of this resolution, until 15 December 2022, the Panel on Somalia and that the mandate of the Panel shall include the tasks referred to in paragraph 11 of resolution 2444 (2018) and paragraph 2 of this resolution, requests the Secretary-General to include dedicated gender expertise, in line with paragraph 11 of its resolution 2467 (2019) and further requests the Panel to include gender as a cross-cutting issue in its investigations and reporting, and expresses its intention to review the mandate of the Panel and take appropriate action regarding any extension to the mandate no later than 15 November 2022;

  • 39. Recalls the importance of full co-operation between the FGS and the Panel, requests the FGS to facilitate for the Panel interviews of suspected members of Al-Shabaab and ISIL held in custody, notes the importance of the Panel carrying out their mandate in line with document S/2006/997, and requests the Panel to give recommendations to the Committee on how to support the FGS in weapons and ammunition management, including efforts towards establishing a National Small Arms and Light Weapons Commission;

  • 40. Reiterates its request for States, the FGS, the FMS and AMISOM to provide information to the Panel, and assist them in their investigations, urges the FGS and the FMS to facilitate access for the Panel, on the basis of written requests to the FGS by the Panel, 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 and FMS custody, and to allow photographs of weapons and ammunition in FGS and FMS custody and access to all FGS and FMS logbooks and distribution records, in order to enable the Security Council to monitor and assess implementation of this resolution;

Reporting

  • 41. Requests the Panel to provide regular updates to the Committee, including a minimum of four different thematic reports delivered on a quarterly basis, including one of smuggling and trafficking on weapons and military equipment, a comprehensive mid-term update and, for the Security Council’s consideration, through the Committee, a final report by 15 October 2022 and urges the Panel to seek feedback from the Committee on the findings of their reporting;

  • 42. Requests the Secretary-General to provide to the Council, no later than 15 September 2022, and following completion of a technical assessment of Somalia’s weapons and ammunition management capability, recommendations to improve it further and to articulate options for clear, well identified, and realistic benchmarks that could serve in guiding the Security Council in its review of the arms embargo measures in light of progress achieved to date and compliance with this resolution, and particularly its consideration of possible modification, suspension or lifting of those measures;

  • 43. Requests the Emergency Relief Coordinator to report to the Security Council by 15 October 2022 on the delivery of humanitarian assistance in Somalia and on any impediments to the delivery of humanitarian assistance in Somalia;

  • 44. 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 1 February 2022 and then by 1 August 2022, including:

    • a) the structure, composition, strength and disposition of its security forces, and the status of regional and militia forces,

      • i) including as annexes the reports of the Joint Verification Team (JVT) requested in paragraph 7 of resolution 2182 (2014) and para 37 of resolution 2551 (2020), and

      • ii) incorporating the notifications regarding the destination unit in the SNSF or the place of storage of military equipment upon distribution of imported arms and ammunition;

    • b) an update summarising suspicious activity documented by domestic financial institutions, and investigations and actions undertaken by the Financial Reporting Centre to counter the financing of terrorism and in a manner so as to protect the confidentiality of sensitive information;

    • c) an update on the status of individuals designated by the Committee, where information is available;

  • 45. Requests the Secretary-General to provide the Security Council with an update, no later than the 31 July 2022 on any further developments towards the normalisation of relations between Eritrea and Djibouti;

  • 46. Decides to remain seized of the matter.

Annex A
Items subject to the Committee’s advance approval

  • 1. Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS);

  • 2. Weapons with a calibre greater than 12.7 mm, and components specially designed for these, and associated ammunition;

    Note: (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs (light anti-tank weapon), rifle grenades, or grenade launchers.);

  • 3. Mortars with a calibre greater than 82 mm and associated ammunition;

  • 4. Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for these items;

  • 5. Charges and devices specifically designed or modified for military use; mines and related materiel;

  • 6. Weapon sights with a night vision capability;

  • 7. Aircraft, specifically designed or modified for military use;

    Note: “Aircraft” means fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing vehicle, or helicopter.

  • 8. “Vessels” and amphibious vehicles specifically designed or modified for military use;

    Note: “Vessel” includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil and the hull or part of the hull of a vessel.

  • 9. Unmanned combat aerial vehicles (listed as Category IV in the UN Register of Conventional Arms).

Annex B
Equipment requiring a notification with regard to deliveries to the Somali National Security Forces and Committee approval for Somalia security sector institutions other than those of the FGS

  • • All types of weapons with a calibre up to 12.7mm: and associated ammunition;

  • • RPG-7 and recoilless rifles, and associated ammunition;

  • • Helmets manufactured according to military standards or specification, or comparable national standards;

  • • Body armour or protective garments, as follows:

    • ○ Soft body armour or protective garments, manufactured to military standards or specifications, or their equivalents;

      Note: military standards or specifications include, as a minimum, specifications for fragmentation protection.

    • ○ Hard body armour plates providing ballistic protection equal to or greater that level III (NIJ 0101.06 July 2008) or national equivalents;

  • • Ground vehicles specifically designed or modified for military use;

  • • Communication equipment specifically designed or modified for military use;

  • • Global Navigation Satellite Systems (GNSS) positioning equipment, specifically designed or modified for military use.

Annex C
Improvised Explosive Devices (IED) Components

Explosive materials, explosives precursors, explosive-related equipment, and related technology

Part I

  • 1. Explosive materials, as follows, and mixtures containing one or more thereof:

    • a. Nitrocellulose (containing more than 12.5% nitrogen w/w);

    • b. Trinitrophenylmethylnitramine (tetryl);

    • c. Nitroglycerin (except when packaged/prepared in individual medicinal doses)

  • 2. Explosive-related goods:

    • a. Equipment and devices specially designed to initiate explosives by electrical or non-electrical means (e.g. firing sets, detonators, igniters, detonating chord).

  • 3. “Technology” required for the “production” or “use” of the items listed at paras. 1 & 2.

Part II

  • 1. Explosive materials, as follows, and mixtures containing one or more thereof:

    • a. Ammonium Nitrate Fuel Oil (ANFO);

    • b. Nitroglycol;

    • c. Pentaerythritol tetranitrate (PETN);

    • d. Picryl chloride;

    • e. 2,4,6-Trinitrotoluene (TNT).

  • 2. Explosives precursors:

    • a. Ammonium nitrate;

    • b. Potassium nitrate;

    • c. Sodium chlorate;

    • d. Nitric acid;

    • e. Sulphuric acid.

In overeenstemming met artikel 19, tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen heeft de Minister van Buitenlandse Zaken bepaald dat de resolutie zal zijn bekendgemaakt in het gehele Koninkrijk op de dag na de datum van uitgifte van dit Tractatenblad.

Uitgegeven de zeventiende december 2021.

De Minister van Buitenlandse Zaken, H.P.M. KNAPEN

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