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

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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,

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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

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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,

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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)

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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