UN Resolution 1872 – Situation in Somalia (May 26, 2009). The text

Resolution 1872 (2009) adopted by the United Nations Security Council (New York, 26 May 2009)

SITUATION IN SOMALIA

The Security Council,

Recalling its previous resolutions and the statements of its President regarding the situation in Somalia,

Recalling its resolutions 1325 (2000) and 1820 (2008) on women, peace and security, 1674 (2006) and 1738 (2006) on the protection of civilians in armed conflict and 1539 (2004) and 1612 (2005 ) on children and armed conflict,

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

Reiterating its commitment to the cause of a comprehensive and lasting settlement of the situation in Somalia,

Reaffirming that the Djibouti Peace Agreement constitutes the basis for any settlement of the conflict in Somalia, and emphasizing the importance of the existence of broadly representative institutions resulting from a political process that is ultimately inclusive,

Welcoming, in this regard, the fact that the Transitional Federal Parliament elected Sheikh Sharif Sheikh Ahmed President of Somalia, following which a new Council of Unity Ministers of the Transitional Federal Government was formed and reinstalled in Mogadishu,

Welcoming the assistance that the African Union Military Observer Mission in Somalia (AMISOM) is providing to the achievement of lasting peace and stability in Somalia, expressing its appreciation to the governments of Uganda and Burundi, who continue to affect contingents to the Mission, and condemning any act of hostility committed against it and the Transitional Federal Government,

Paying tribute to the Special Representative of the Secretary-General, Mr. Ahmedou Ould-Abdallah, and reaffirming its firm support for the efforts undertaken by him,

Emphasizing the importance of rebuilding, training, equipping and sustaining the Somali security forces, which is vital for the country's long-term stability, and welcoming President Sheikh Sharif Sheikh Ahmed's prioritization of the establishment of peace through the strengthening of the security sector, an absolute priority of his government,

Expressing once again its grave concern over the resumption of fighting in Somalia, and reaffirming its support for the Transitional Federal Government,

Expressing its grave concern once again at the worsening humanitarian situation in Somalia and calling on all Member States to respond to the consolidated humanitarian appeals already launched and to those which will be launched,

Noting that the Transitional Federal Government is committed to addressing the humanitarian situation in Somalia and encouraging it to continue to work with the United Nations to build the capacity of its institutions to this end,

Expressing concern that serious crimes, in particular killings and maimings, have been committed against civilians and humanitarian personnel during the ongoing conflict in Somalia, and reaffirming the importance of fighting impunity ,

Recalling its resolution 1844 (2008), by which it imposed measures against individuals and entities designated as engaging in or supporting acts that threaten the peace, security or stability of Somalia, as having acted in violation of the arms embargo or as obstructing the delivery of humanitarian aid to Somalia,

Noting that the continuing instability in Somalia contributes to the problem of piracy and armed robbery off the coast of Somalia, stressing the need for action on all fronts by the international community to tackle piracy and its root causes, and welcoming the work of the Contact Group on Piracy off the Coast of Somalia, States and international and regional organizations,

Welcoming the report of the Secretary-General (S/2009/210) and its recommendations regarding the continued work of the Transitional Federal Government, with the support of the international community, on the political, security and rehabilitation ,

Considering that the situation in Somalia constitutes a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Calls upon the Somali parties to support the Djibouti Agreement and, in this regard, is pleased that President Sheikh Sharif Sheikh Ahmed has called on all opposition groups to do so;

2. Requests the Secretary-General to continue, through his Special Representative for Somalia, to work with the international community to facilitate reconciliation;

3. Also requests the Secretary-General to propose in his next report recommendations on ways to strengthen the peace process in Djibouti;

4. Emphasizes that it is of critical importance that all parties take the necessary steps to ensure that humanitarian relief and aid can reach the people of Somalia without delay;

5. Condemns the recent upsurge in fighting, and calls for an end to all acts of hostility and armed confrontation and all efforts aimed at undermining the Transitional Federal Government;

6. Emphasizes that security in Somalia ultimately depends on the effective establishment by the Transitional Federal Government of the National Security Force and the Somali Police Force, within the framework of the Accord of Djibouti and in accordance with the national security strategy;

7. Takes note with satisfaction of the holding in Brussels, on 23 April 2009, of the International Conference on Somalia, in support of Somali security institutions and AMISOM;

8. Urges Member States and international and regional organizations to contribute generously to the United Nations Trust Fund for Somali Security Institutions and to offer technical assistance for the training and equipping of Somali security forces , pursuant to paragraphs 11 (b) and 12 of resolution 1772 (2007);

9. Requests the Secretary-General to continue to assist the Transitional Federal Government in establishing the transitional security institutions, including the Somali Police Force and the National Security Force, and also requests him to assist the Federal Government to transition to developing a national security strategy, including plans for combating arms trafficking, disarmament, demobilization and reintegration, justice and prison capacity;

10. Requests the Transitional Federal Government to define, in the context of the above-mentioned national security strategy, the legal and political framework that will govern the functioning of its security forces, including governance, oversight and control mechanisms that promote respect for the rule of law and the defense of human rights;

11. Recalls its declaration of intent regarding the establishment of a United Nations peacekeeping operation, as reflected in its resolution 1863 (2009);

12. Notes that any decision to deploy such an operation should take into account, inter alia, the conditions set out in the report of the Secretary-General (S/2009/210);

13. Requests the Secretary-General to take the actions set out in paragraphs 82 to 86 of his report, taking into account the conditions set out in his report, and to report to it on progress made by 30 September 2009, and then no later than on December 31, 2009, and intends to re-examine the situation;

14. Affirms that the measures enacted in paragraph 5 of its resolution 733 (1992) and elaborated in paragraphs 1 and 2 of its resolution 1425 (2002) do not apply to the equipment and technical assistance provided to the Transitional Federal Government , in accordance with paragraph 11 (b) of its resolution 1772 (2007), for the purpose of improving its security sector institutions, in accordance with the Djibouti peace process and subject to the notification procedure described in paragraph 12 of its resolution 1772 (2007);

15. Calls upon the African Union to maintain and strengthen AMISOM deployed in Somalia to carry out its mandate as defined in paragraph 9 of resolution 1772 (2007); welcomes the efforts made to protect the airport, port and other strategic areas in Mogadishu; and encourages the African Union to continue assisting the Transitional Federal Government in establishing the National Security Force and the Somali Police Force;

16. Decides to authorize Member States of the African Union to maintain AMISOM until 31 January 2010 to carry out its current mandate;

17. Requests the Secretary General to continue to provide a logistical support package to AMISOM comprising equipment and services, but not the transfer of funds, until 31 January 2010, as reflected in his letter (S/ 2009/60) addressed to AMISOM; and further requests the Secretary-General to provide an update on the deployment of this logistics support package in the reports requested in paragraph 13 above;

18. Requests AMISOM to ensure that all equipment and services provided under this package of support are used transparently and effectively for the stated purposes, and further requests the African Union to render account to the Secretary-General for the use of such equipment and services in accordance with the Memorandum of Understanding to be concluded between the United Nations and the African Union based on the appropriate internal control procedures;

19. Requests the Secretary General to continue to provide technical and expert advice to the African Union for the planning and deployment of AMISOM, through the current United Nations planning team in Addis Ababa;

20. Urges Member States and regional and international organizations to make generous contributions to the United Nations Trust Fund for AMISOM, while noting that the existence of the Trust Fund does not preclude entering into direct bilateral agreements in support of AMISOM;

21. Invites the Secretary-General, acting through his Special Representative for Somalia and the United Nations Political Office for Somalia, to effectively coordinate all United Nations system activities in Somalia and develop an integrated approach to In this regard, to lend its good offices and political support to efforts aimed at establishing lasting peace and stability in Somalia and to mobilize resources and support from the international community, both for immediate recovery and for development Somalia's long-term economy;

22. Requests the Secretary-General, acting through his Special Representative for Somalia and the United Nations Political Office for Somalia, to assist the Transitional Federal Government in strengthening its capacity to address human rights issues rights and to help the Working Group on Justice and Reconciliation fight against impunity;

23. Also requests the Secretary-General to expedite the envisaged deployment of elements of the United Nations Political Office for Somalia and other United Nations offices and agencies, including the United Nations Support Office for AMISOM , in Mogadishu, taking into account the security situation, as reflected in his report (S/2009/210);

24. Decides to remain actively seized of the matter.