Friday, May 3, 2013

Somalia: Security Council Establishes United Nations Assistance Mission in Somalia

DOCUMENT

Acting on the recommendations of United Nations Secretary-General Ban Ki-moon, the Security Council today decided to establish the United Nations Assistance Mission in Somalia (UNSOM) by 3 June for an initial period of 12 months, providing the United Nations "good offices" functions -- and a range of strategic policy advice -- in support of the Federal Government's peace and reconciliation process.

Unanimously adopting resolution 2102 (2013), the Council decided that the mandate of UNSOM -- which it intended to renew as appropriate -- would include the provision of policy advice to the Federal Government and the African Union Mission in Somalia (AMISOM) on peacebuilding and state-building in the areas of: governance, security sector reform and rule of law (including the disengagement of combatants), development of a federal system (including preparations for elections in 2016), and coordination of international donor support.


Among its other mandated functions, UMSOM would help build the Federal Government's capacity to promote respect for human rights and women's empowerment, promote child protection, prevent conflict-related sexual and gender-based violence, and strengthen justice institutions. Further, it would monitor, help investigate and report to the Council on any abuses or violations of human rights or of international humanitarian law committed in Somalia, or any abuses committed against children or women.

In such work, the Council underlined the importance of Somali ownership, requesting the Special Representative of the Secretary-General, Nicholas Kay, to align closely United Nations country team activities with the priorities of UNSOM and the Federal Government, as well as AMISOM, the Intergovernmental Authority for Development (IGAD), the European Union and other regional, bilateral and multilateral partners.

By other terms, the Council decided that UNSOM would be based in Mogadishu and deployed across Somalia, as requested by the Federal Government and as conditions permitted, in line with arrangements set out by the Secretary-General in his 19 April letter to the Council (document S/2013/239). Further, it recalled provisions in resolution 2093 (2013) in relation to UNSOM as a structurally integrated United Nations mission, welcoming the proposed leadership and coordination structures, with a clear delineation of duties.

For his part, the Secretary-General was requested to keep the Council regularly informed of the implementation of UNSOM's mandate, including steps he was taking to ensure the presence of a structurally integrated mission by 1 January 2014, as well as an assessment on the political and security implications of wider United Nations deployments across Somalia, with a first report to be delivered no later than 2 September 2013 and every 90 days thereafter.

In his 19 April letter, the Secretary-General transmitted the results of a technical assessment mission to Somalia, deployed from 17 to 29 March. He notes that the team conducted its work on the basis of resolution 2093 (2013), adopted on 6 March, by which the Council defined a new United Nations presence in Somalia, guided by the Secretary-General's Strategic Review of the situation. It agreed that the United Nations Political Office for Somalia (UNPOS) should be replaced by a new special political mission as soon as possible.

Throughout its encounters, the mission had heard strong support for a United Nations mandate in all areas identified by resolution 2093 (2013), according to the letter. The team found the political environment to be extremely complex, but with "impressive" capacities for peace and dialogue, thanks to the strong political will of the Federal Government to rebuild the country. International commitment was critical to ensuring an enabling security environment.

Those findings depicted an environment in which a new United Nations mission could "do much good", the letter states. The team's "mission concept" outlined an approach for providing mandated activities, guided by the principles of Somali national ownership, flexibility, and collaboration and partnerships. The letter outlines the core substantive functions of the new mission in the areas of: political affairs and mediation; rule of law and security institutions; and human rights and protection, as well as a role for multidisciplinary task teams to ensure coherence between the United Nations country team and the mission.

After action, Elmi Ahmed Duale ( Somalia) expressed his full appreciation for the adoption of an "important" resolution, which would support and facilitate his Government in achieving its development, governance and security goals. The resolution also ensured that there was only "one door" to knock on, as opposed to fragmented approaches, in coordinating assistance. Indeed, today's action was a "first step" towards more effective Council support.

Against that backdrop, he called on all partners to abide by the principles of Somali sovereignty and ownership when extending support for the development of a Somali future, adding that regional authorities should also be consulted. Welcoming the emphasis on coordination and urgent action, he underlined the need for human and financial resources to help Somalia implement its mandate, drawing attention to the 7 May donor conference in London. "This year will be an opening of opportunities for Somalia's development," he declared.

The meeting began at 11:35 a.m. and adjourned at 11:42 a.m.

Resolution

The full text of Security Council resolution 2102 (2013) reads as follows:

"The Security Council,

"Recalling its previous resolutions on the situation in Somalia, in particular resolution 2093 (2013),

"Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia,

"Recognising the significant progress in Somalia over the past year, and recognising the importance of the Federal Government of Somalia, with the support of the African Union Mission in Somalia (AMISOM), the United Nations and international partners, to consolidate security and establish the rule of law in areas secured by AMISOM and the Security Forces of the Federal Government of Somalia,

"Underlining the importance of supporting the Federal Government of Somalia's efforts towards peace and reconciliation in Somalia, including through effective regional cooperation, and in this regard commending the role of the African Union (including AMISOM), the Intergovernmental Authority on Development (IGAD), and other international partners for their important contributions towards peace and stability in Somalia,

"Welcoming recent progress and positive dialogue between the Federal Government of Somalia and regional administrations, and stressing the importance of these administrations cooperating with the Federal Government of Somalia on peace, provision of basic services, reconciliation and the rule of law and to address the ongoing humanitarian crisis in Somalia,

"Emphasising the importance of international support to Somalia's security and justice institutions, as well as capacity building in maritime security and public financial management, and looking forward to the 7th May 2013 Conference on Somalia in London to support progress on these issues,

"Expressing concern at the ongoing humanitarian crisis in Somalia and its impact on the people of Somalia, commending the efforts of the United Nations humanitarian agencies and other humanitarian actors to deliver life-saving assistance to vulnerable populations, condemning any misuse or obstruction of humanitarian assistance, underlining the importance of the full, safe, independent, timely and unimpeded access of all humanitarian actors to all those in need of assistance, and underlining further the importance of proper accounting in international humanitarian support,

"Condemning the recent terrorist attacks which have undermined peace and security in Somalia, and reiterating its willingness to take action against those whose behaviour threatens the peace, stability, or security of Somalia,

"Welcoming the Federal Government of Somalia's commitment to improving human rights in Somalia, expressing its concern at the reports of violations of human rights, including extrajudicial killings, violence against women, children and journalists, arbitrary detention and pervasive sexual and gender-based violence, particularly in camps for internally displaced persons, and underscoring the need to end impunity, uphold human rights and to hold accountable those who commit any such related crimes,

"Underlining the importance of effectively-coordinated international support to the Federal Government of Somalia in line with the President's Six Pillar Policy priorities, and in this regard looking forward to the Conference on Somalia in Brussels scheduled for September 2013,

"Taking note of the Federal Government of Somalia's intention to implement the "New Deal for Engagement in Fragile States" in Somalia,

"Welcoming the appointment of Mr Nicholas Kay as the Secretary-General's Special Representative in Somalia (SRSG), and underlining its appreciation for the outgoing SRSG, Dr Augustine Mahiga for all his efforts towards greater peace and stability in Somalia,

"Considering the recommendations of the Secretary-General in his letter of 19 April 2013 to the Security Council,

"1. Decides to establish the United Nations Assistance Mission in Somalia (UNSOM) by 3 June 2013, under the leadership of a Special Representative of the Secretary-General (SRSG), for an initial period of twelve months with the intention to renew for further periods as appropriate, and in accordance with the recommendation of the Secretary-General;

"2. Decides that the mandate of UNSOM shall be as follows:

(a) To provide United Nations "good offices" functions, supporting the Federal Government of Somalia's peace and reconciliation process;

(b) To support the Federal Government of Somalia, and AMISOM as appropriate, by providing strategic policy advice on peacebuilding and statebuilding, including on:

(i) Governance;

(ii) security sector reform, rule of law (including police, justice and corrections within the framework of the United Nations Global Focal Point), disengagement of combatants, disarmament, demobilisation and reintegration, maritime security and mine action;

(iii)the development of a federal system; the constitutional review process and subsequent referendum on the constitution; and preparations for elections in 2016;

(c) To assist the Federal Government of Somalia in coordinating international donor support, in particular on security sector assistance and maritime security, working with bilateral and multilateral partners, and in full respect of the sovereignty of Somalia;

(d) To help build the capacity of the Federal Government of Somalia to:

(i) promote respect for human rights and women's empowerment, including through the provision of Gender Advisers and Human Rights Advisers;

(ii) promote child protection and to implement the relevant Somali Government action plans on children and armed conflict, including through the provision of Child Protection Advisers;

(iii)prevent conflict-related sexual and gender-based violence, including through the provision of Women's Protection Advisers;

(iv) strengthen Somalia's justice institutions and to help ensure accountability in particular with respect to crimes against women and children;

(e) To monitor, help investigate and report to the Council on, and help prevent:

(i) any abuses or violations of human rights or violations of international humanitarian law committed in Somalia, including through the deployment of human rights observers;

(ii) any violations or abuses committed against children in Somalia;

(iii)any violations or abuses committed against women, including all forms of sexual and gender-based violence in armed conflict;

"3. Underlines the importance of Somali ownership in the context of United Nations support, and in this regard requests the SRSG to align closely United Nations Country Team activities in Somalia with the priorities of UNSOM and to coordinate United Nations activities with the Federal Government of Somalia, as well as the African Union (including AMISOM), IGAD, the European Union and other regional, bilateral and multilateral partners in Somalia;

"4. Decides that UNSOM shall be based in Mogadishu and deployed further across Somalia, as requested by the Federal Government of Somalia and as conditions permit, in line with the arrangements set out by the Secretary-General in his letter of 19 April 2013 to the Council;

"5. Recalls paragraphs 20 and 21 of resolution 2093 (2013) in relation to UNSOM as a structurally integrated United Nations Mission, welcomes the proposed leadership and coordination structures, with a clear delineation of duties as outlined in the Secretary General's letter of 19 April 2013;

"6. Emphasises in particular the need to ensure an integrated United Nations effort under the strategic direction of the SRSG and for the United Nations to work in a coordinated manner with AMISOM;

"7. Reiterates that with immediate effect, all appropriate activities of the United Nations Country Team should be fully coordinated with the SRSG, including through establishing joint teams and joint strategies, while ensuring the humanity, impartiality, neutrality, and independence of humanitarian assistance;

"8. Stresses the need for the Federal Government of Somalia to ensure that all perpetrators of serious violations and abuses of human rights and serious violations of international humanitarian law are held accountable, and emphasises the importance of UNSOM supporting the Government of Somalia in developing and implementing a national strategy for preventing and responding to sexual and gender-based violence;

"9. Encourages the implementation of the Somali Maritime Security Strategy, developed through the Kampala Process, which will assist the international community in coordinating with the Somali authorities on Somali maritime challenges, including capacity-building and development, for the benefit of the Somali people and in full respect of Somali sovereignty;

"10. Recognises the security constraints outlined by the Secretary-General, underlines the importance of the safety of United Nations staff, and in this regard welcomes AMISOM's commitment to provide a guard force of 311 troops as requested in paragraph 2 of resolution 2093 (2013);

"11. Emphasises the importance of UNSOM adhering to the Secretary-General's Human Rights and Due Diligence Policy and the United Nations Zero-Tolerance Policy on Sexual Exploitation and Abuse;

"12. Underlines the importance of UNSOM cooperating with the Somalia and Eritrea Monitoring Group in the relevant areas of their respective mandates;

"13. Requests the Secretary-General to keep the Security Council regularly informed of the implementation of UNSOM's mandate, including the steps he is taking to ensure the presence of a structurally integrated mission by 1 January 2014, as well as an assessment on the political and security implications of wider United Nations deployments across Somalia, with a first report no later than 2 September 2013 and every 90 days thereafter;

"14. Decides to review the mandate of UNSOM no later than 30 April 2014;

"15. Decides to remain actively seized of the matter."

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