SOMALIA: FALL BRIEFS AND UNSC DISCUSSES DRAFT

UNCLAS SECTION 01 OF 05 USUN NEW YORK 001581 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: ER ET PGOV PREL UNSC KPKO SUBJECT: SOMALIA: FALL BRIEFS AND UNSC DISCUSSES DRAFT RESOLUTION 1.(SBU) SUMMARY: On August 16, the Special Representative of the Secretary-General for Somalia (SRSG),Francois Fall, briefed the UN Security Council (UNSC) on updates from his July trip to Mogadishu and Baidoa where he met with President Yusuf, Parliament Speaker Aden, and Prime Minister Gedi. Fall discussed the weakening of the Transitional Federal Government (TFG) and the implications of the spread of Union of Islamic Courts (UIC) authority to Puntland and Somaliland. He stressed the need for continued dialogue between the TFG and UIC and discussed Ethiopian and Eritrean involvement in the internal Somalia conflict. The draft UN Security Council Resolution (UNSCR),circulated by Ambassador Jones Parry, led to discussions on modifying the arms embargo and imposing targeted sanctions on violators, which was supported by Slovakia, Denmark, and Ghana (text para 9). Following the consultations, Ghanaian Permanent Representative (PR) and current UNSC President Effah-Apenteng delivered a statement to the press based on Fall's recommendations to the UNSC. END SUMMARY. UIC SPREADS AS TFG AUTHORITY WEAKENS; KHARTOUM TALKS CRITICAL 2.(SBU) SRSG Fall pointed out that the UIC continues to advance towards the towns of Galkayo and Kismayo and that the authority of the TFG has weakened. The August 7 dissolution of the TFG Cabinet and the repeated postponement of peace talks in Khartoum demonstrate that political stability in Somalia remains tenuous. In response to a question from the French representative, Fall noted that, while the reestablishment of the TFG is not essential for holding the peace talks in Khartoum, it is preferable. He went on to say that without an established Cabinet, the TFG will appear weak and poorly represented at the talks. Fall also pointed out the difficulty that PM Gedi faces in reconstructing the Cabinet because of Somalia's parliamentary constraints and lack of political parties. Ambassador Jones Parry of the UK pointed out that the UN should play a significant role in encouraging dialogue but that the Somalis themselves should lead the process. 3.(SBU) SRSG Fall stressed the critical importance of resuming the dialogue between the TFG and UIC that took place during the first round of peace talks in Khartoum on June 22. A second round of talks, initially scheduled for July 15, was postponed until August 15 due to a lack of UIC representation; Fall suggested that the talks might be rescheduled soon since a Kenyan Envoy deployed to region on August 14 to encourage dialogue. Fall noted, however, UIC Speaker Sheikh Sharif Ahmed's stance that the UIC will not engage in dialogue until Ethiopian forces withdraw from Somalia. RUMORS SURROUND ETHIOPIAN AND ERITREAN INVOLVEMENT 4.(SBU) Despite the signing of the June 22 cease-fire agreement by the TFG and UIC, parties continue to engage in violent activity, resulting in the assassination of a Somalian parliamentarian, which continues to be investigated by police. Pressed by the Tanzanian representative to confirm reports of regional involvement in Somali affairs, Fall stated that Egypt, Libya, Iran, and Eritrea are accused of providing arms to the UIC and that, in an August 1 Inter-Governmental Authority on Development (IGAD) meeting, Ethiopian FM Seyoum accused Eritrea of conducting a "proxy war" against Ethiopia on Somali soil. Eritrean government officials dismissed the statement as a "media report." DEPLOYMENT OF PEACE SUPPORT MISSION IS DISCUSSED 5.(SBU) Fall noted that the UN Department of Peacekeeping Operations (DPKO) and the UN Department of Political Affairs (DPA) have maintained close coordination among the UN Political Office in Somalia (UNPOS),UN Mission in Ethiopia and Eritrea (UNMEE),and the UN Mission in Sudan (UNMIS) on developments in the region. The representative from Denmark noted that his delegation looked forward to receiving the AU/IGAD deployment plan based on the National Security and Stabilisation Plan (NSSP) that reflects the progress made during the Khartoum talks. 6.(SBU) UK Ambassador Jones Parry said that the Somalia arms embargo has caused a dilemma because the TFG is the only legitimate government authority yet had no protection USUN NEW Y 00001581 002 OF 005 capacities. UKUN circulated a draft resolution addressing the modification of the arms embargo and imposition of targeted sanctions on violators of the embargo. Ambassador Sanders, the representative from Slovakia, and Ambassador Effah-Apenteng of Ghana, agreed with the resolution's proposal to modify the arms embargo to allow equipment and forces that would be used for training and security purposes. The representatives from Greece, Denmark, Slovakia, and Ghana agreed with the resolution's proposal to impose targeted sanctions on arms embargo violators. The representative from China suggested that the UNSC remain cautious in its attempts to modify the arms embargo. He noted that his delegation supports strengthening the embargo but that a strict embargo on all parties may hinder the peace process. Ambassador Parry pressed for a speedy adoption of the UNSCR and suggested holding an experts meeting as soon as possible to discuss the text. HUMANITARIAN AID MAY BE HINDERED BY UIC 7.(SBU) Several UNSC Members, including Ambassador Sanders and the representative of Argentina, brought up the need for humanitarian aid relief in the area. SRSG Fall reminded the UNSC that, despite Sheikh Sharif Ahmed's assurance that he would welcome UN assistance, access to the Somali population must be reviewed by the UIC under Islamic law. Fall pointed out that the spread of UIC authority has raised concerns about the treatment of women in the region, noting that this could soon become a serious problem. Ambassador Effah-Apenteng of Ghana reiterated this concern and Fall responded by assuring him that several NGOs and women's groups intend to participate in the Khartoum talks. EFFAH-APENTENG STATEMENT ON FALL'S RECOMMENDATIONS 8.(SBU) Following the consultations, Ambassador Effah-Apenteng delivered remarks to the press, which included Fall's recommendations for the UNSC to: (1) urge respect for the arms embargo (2) call for non-interference from other countries in Somali affairs (3) call on neighboring countries to refrain from "provocative measures" vis--vis Somalia (4) encourage the resumption of dialogue through the Arab League-sponsored peace talks in Khartoum. 9.(SBU) BEGIN DRAFT TEXT: The Security Council, Recalling its previous resolutions concerning the situation in Somalia, in particular resolution 733 (1992) of 23 January 1992, which for the purposes of establishing peace and stability in Somalia required that all Member States immediately implement a general and complete embargo on all deliveries of weapons and military equipment to Somalia, resolution 1356 (2001) of 19 June 2001, which permitted only specified exemptions, and resolution 1425 (2002) of 22 July 2002, which elaborated the measures required to be taken related to the arms embargo, and the statements of its President, in particular that of 13 July 2006 (S/PRST/2006/31), Reaffirming the importance of the sovereignty, territorial integrity, political independence and unity of Somalia, Reiterating its support for the Special Representative of the Secretary-General, SIPDIS Stressing the urgent need for all Somali leaders to take tangible steps to continue political dialogue, Reiterating its commitment to a comprehensive and lasting settlement of the situation in Somalia through the Transitional Federal Charter, Recognising the Transitional Federal Charter as the framework for restoring peace, stability and governance to Somalia and therefore expressing its support for the Transitional Federal Institutions' continued work towards establishing effective national governance in Somalia, Commending the efforts of the African Union, the Intergovernmental Authority on Development and the League of Arab States to promote peace and stability in Somalia, and USUN NEW Y 00001581 003 OF 005 urging the parties in Somalia to work constructively with those efforts and to resume urgently the dialogue started in Khartoum on 22 June, Taking note of the report of the Monitoring Group dated 5 April 2006 (S/2006/229, annex) submitted pursuant to paragraph 3 (i) of resolution 1630 (2005) and the observations and recommendations contained therein, Condemning the significant increase in the flow of weapons and ammunition supplies to and through Somalia, which constitutes a violation of the arms embargo and related measures and a serious threat to the Somali peace process, Reiterating its insistence that all Member States, in particular those in the region, should refrain from any action in contravention of the arms embargo and related measures, should take all actions necessary to prevent such contraventions, and should take all necessary steps to hold violators of the arms embargo and the related measures accountable, Noting the adoption on 14 June 2006 of the National Security and Stabilisation Plan for Somalia by the Transitional Federal Government and the Transitional Federal Parliament, and recognising that the adoption of a security plan is an important step towards providing a framework for establishing an effective security sector in Somalia, Recognising the importance, for the advancement of peace and stability in Somalia and the wider region, of vetted, trained and inclusively selected national security forces, accountable to the Transitional Federal Institutions, and in the employment and under the command of a body approved by the Transitional Federal Institutions to assume responsibility for national security and policing, including security for the Transitional Federal Institutions, in accordance with an effective national security strategy, Urging all parties in Somalia to firmly reject any violent extremist activity and deny safe haven to terrorists and their supporters in compliance with existing international obligations, 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, ¶1. Stresses the obligation of all Member States to comply fully with the measures imposed by resolution 733 (1992),in particular paragraph 5, and further elaborated in paragraphs 1 and 2 of resolution 1425(2002); ¶2. Decides that those individuals and entities designated by the Committee established pursuant to resolution 751 (1992) of 24 April 1992 (hereinafter referred to as "the Committee") as acting in violation of the measures set out in paragraph 5 of resolution 733 (1992) and elaborated in paragraphs 1 and 2 of resolution 1425(2002) shall in the case of individuals be subject to the measures identified in subparagraphs (a) and (b) below, and in the case of entities, to the measures in subparagraph (b) below; (a) that all States shall take the necessary measures to prevent entry into or transit through their territories of all persons designated by the Committee pursuant to the above provision of this paragraph, provided that nothing in this subparagraph shall oblige a State to refuse entry into its territory to its own nationals; (b) that all States shall immediately freeze the funds, financial assets and economic resources that are on their territories at the date of adoption of this resolution or at any time thereafter, that are owned or controlled, directly or indirectly, by the persons and entities designated by the Committee pursuant to the above provisions of this paragraph, or that are held by other entities, that are owned or controlled, directly or indirectly, by such persons or entities or by any other persons or entities acting on their behalf or at their direction, as designated by the Committee, USUN NEW Y 00001581 004 OF 005 and decides further that all States shall ensure that no funds, financial assets or economic resources are made available directly or indirectly by their nationals or by any persons within their territories to, or for the benefit of, such persons or entities; (c) that the measures imposed by subparagraph (a) above shall not apply where the Committee determines on a case by case basis that such travel is justified on the ground of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would otherwise further the objectives of the Council's resolutions for the creation of peace and stability in Somalia and the region; (d) that the measures imposed by subparagraph (b) of this resolution do not apply to funds, other financial assets and economic resources that: i. have been determined by relevant States to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant States to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within two working days of such notification; ii. have been determined by relevant States to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant States to the Committee and has been approved by the Committee, or iii. have been determined by relevant States to be the subject of a judicial, administrative or arbitral lien or judgement, in which case the funds, or other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement was entered prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant States to the Committee; ¶3. Expresses its readiness to terminate the measures imposed by paragraph 2 above on complete lifting of the measures imposed by paragraph 5 of resolution 733 (1992); ¶4. Emphasises the need for an effective national security strategy, underpinned by a security force which is sufficiently vetted and inclusively selected, accountable to the Transitional Federal Institutions, and which is in the employment and under the command of a body approved by the Transitional Federal Institutions to assume responsibility for national security and policing; ¶5. Emphasises further the need for a political process in Somalia which is ongoing, promoting inclusivity and in line with restoring governance and security through the Transitional Federal Institutions; ¶6. Decides to amend the measures imposed by paragraph 5 of resolution 733 (1992) by allowing certain further exemptions for technical assistance to help develop security sector institutions, guided by the principles set out in paragraphs 4 and 5 above, and for the supplies of non-lethal equipment, and additional technical assistance, to the security institutions once established; ¶7. Decides that the exemptions described in paragraph 6 above shall be considered on a case-by-case basis by the Committee, taking into account the principles in paragraphs 4 and 5 above, and subject to safeguards to be set out by the Committee concerning information required to support exemption requests and verification and monitoring arrangements for such equipment and assistance; ¶8. Requests the Secretary-General to monitor progress towards achieving the principles set out in paragraphs 4 and 5 above and report to the Security Council after thirty (30) USUN NEW Y 00001581 005 OF 005 days, and at regular intervals thereafter to be determined by the Council; ¶9. Reaffirms its willingness, if it judges that an AU/IGAD Peace Support Mission (PSM) would contribute to peace and stability in Somalia, to consider an exemption for a PSM, in particular one consistent with the principles set out in paragraphs 4 and 5 above, on the basis of a detailed mission plan from IGAD or the AU; ¶10. Decides to remain seized of the matter. END DRAFT TEXT. BOLTON