USUN VOTING INSTRUCTION: ERITREA SANCTIONS UNSCR

UNCLAS STATE 130359

SIPDIS

E.O. 12958: N/A
TAGS: EFIN ETTC KTFN PREL PTER XW UNSC
SUBJECT: USUN VOTING INSTRUCTION: ERITREA SANCTIONS UNSCR

REFS: A. PARIS 1686

B. USUN 874


1. This is an action request. USUN may vote in favor of
the adoption of the resolution (text in para 2) that will
create a new UN Security Council sanctions regime on
Eritrea. A new sanctions committee and a new expert panel
will not be created, and the sanctions regime will be
monitored by the UNSC Somalia Sanctions Committee and its
Monitoring Group. The sanctions include a territorial
arms embargo on Eritrea and an asset freeze, travel ban,
and a targeted arms embargo for those individuals and
entities listed in the future by the UNSC Somalia
Sanctions Committee. USUN should consult with Department
if substantive changes are made to the resolution text.
USUN may draw from the points in paras 3 (if resolution is
adopted) or 4 (if not adopted) below after the vote or for
press stakeouts.


--------------
TEXT OF RESOLUTION
--------------

2. The Security Council,

PP1 Recalling its previous resolutions and statements of
its President concerning the situation in Somalia and the
border dispute between Djibouti and Eritrea, in particular
its resolutions 751 (1992),1844 (2008),and 1862 (2009),
and its statements of 18 May 2009 (S/PRST/2009/15),
9 July 2009, (S/PRST/2009/19),and 12 June 2008 (S/PRST/2008/20),

PP2 Reaffirming its respect for the sovereignty,
territorial integrity, political independence and unity of
Somalia, Djibouti and Eritrea, respectively,

PP3 Expressing the importance of resolving the border
dispute between Djibouti and Eritrea,

PP4 Reaffirming that the Djibouti Agreement and Peace
Process represent the basis for a resolution of the
conflict in Somalia, and further reaffirming its support
for the Transitional Federal Government (TFG),

PP5 Noting the decision of the 13th Assembly of the
African Union (AU) in Sirte, Libya, calling on the Council
to impose sanctions against all those foreign actors, both
within and outside the region, especially Eritrea,
providing support to the armed groups engaged in
destabilizing activities in Somalia and undermining the
peace and reconciliation efforts as well as
regional stability (S/2009/388),

PP6 Further noting the decision of the 13th Assembly of
the AU in Sirte, Libya expressing its grave concern at the
total absence of progress regarding the implementation by
Eritrea of, inter alia, resolution 1862 (2009) regarding
the border dispute between Djibouti
and Eritrea (S/2009/388),

PP7 Expressing its grave concern at the findings of the
Monitoring Group reestablished by resolution 1853 (2008)
as outlined in its December 2008 report (S/2008/769) that
Eritrea has provided political, financial and logistical
support to armed groups engaged in undermining peace and
reconciliation in Somalia and regional stability,

PP8 Condemning all armed attacks on TFG officials and
institutions, the civilian population, humanitarian
workers and the African Union Mission to Somalia (AMISOM)
personnel,

PP9 Expressing its grave concern at Eritrea;s rejection of
the Djibouti Agreement, as noted the letter of 19 May 2009
from the Permanent Representative of Eritrea to the United
Nations addressed to the President of the
Security Council (S/2009/256),

PP10 Recalling its resolution 1844 (2008) in which it
decided to impose measures against individuals or entities
designated as engaging in or providing support to acts
that threaten peace, security and stability in Somalia,
acting in violation of the arms embargo or obstructing the
flow of humanitarian assistance to Somalia,

PP11 Expressing its appreciation of the contribution of
AMISOM to the stability of Somalia, and further expressing
its appreciation for the continued commitment to AMISOM by
the Governments of Burundi and Uganda,

PP12 Reiterating its intention to take measures against
those who seek to prevent or block the Djibouti Peace
Process,

PP13 Expressing its deep concern that Eritrea has not
withdrawn its forces to the status quo ante, as called for
by the Security Council in its resolutions 1862 (2009) and
the statement of its President dated
12 June 2008 (S/PRST/2008/20),

PP14 Reiterating its serious concern at the refusal of
Eritrea so far to engage in dialogue with Djibouti, or to
accept bilateral contacts, mediation or facilitation
efforts by sub-regional or regional organizations or to
respond positively to the efforts of the Secretary
General,

PP15 Taking note of the letter of the Secretary-General
issued on 30 March 2009 (S/2009/163),and the subsequent
briefings by the Secretariat on the Djibouti-Eritrea
conflict,


PP16 Noting that Djibouti has withdrawn its forces to the
status quo ante and cooperated fully with all concerned,
including the United Nations fact-finding mission and the
good offices of the Secretary General,

PP17 Determining that Eritrea's actions undermining peace
and reconciliation in Somalia as well as the situation
between Djibouti and Eritrea constitute a threat to
international peace and security,

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


1. Reiterates that all Member States, including Eritrea,
shall comply fully with the terms of the arms embargo
imposed by paragraph 5 of resolution 733 (1992),as
elaborated and amended by resolutions 1356 (2001),1425
(2002),1725 (2006),1744 (2007) and 1772 (2007) on
Somalia and the provisions of resolution 1844 (2008);


2. Calls upon all Member States, including Eritrea, to
support the Djibouti Peace Process and support
reconciliation efforts by the TFG in Somalia, and demands
that Eritrea cease all efforts to destabilize or
overthrow, directly or indirectly, the TFG;


3. Reiterates its demand that Eritrea immediately comply
with resolution 1862 (2009) and:

(i) Withdraw its forces and all their equipment to the
positions of the status quo ante, and ensure that no
military presence or activity is being pursued in the area
where the conflict occurred in Ras Doumeira and Doumeira
Island in June 2008;

(ii) Acknowledge its border dispute with Djibouti in Ras
Doumeira and Doumeira Island, engage actively in dialogue
to defuse the tension and engage also in diplomatic
efforts leading to a mutually acceptable settlement of the
border issue; and,

(iii) Abide by its international obligations as a Member
of the United Nations, respect the principles mentioned in
article 2, paragraphs 3, 4, and 5, and article 33 of the
Charter, and cooperate fully with the Secretary-General,
in particular through his proposal of good offices
mentioned in paragraph 3 of resolution 1862 (2009);


4. Demands that Eritrea make available information
pertaining to Djiboutian combatants missing in action
since the clashes of 10 to 12 June, 2008 so that those
concerned may ascertain the presence and condition of
Djiboutian prisoners of war;


5. Decides that all Member States shall immediately take
the necessary measures to prevent the sale or supply to
Eritrea by their nationals or from their territories or
using their flag vessels or aircraft, of arms and related
materiel of all types, including weapons and ammunition,
military vehicles and equipment, paramilitary equipment,
and spare parts for the aforementioned, and technical
assistance, training, financial and other assistance,
related to the military activities or to the provision,
manufacture, maintenance or use of these items, whether or
not originating in their territories;


6. Decides that Eritrea shall not supply, sell or transfer
directly or indirectly from its territory or by its
nationals or using its flag vessels or aircraft any arms
or related materiel, and that all Member States shall
prohibit the procurement of the items, training and
assistance described in paragraph 5 above from Eritrea by
their nationals, or using their flag vessels or aircraft,
whether or not originating in the territory of Eritrea;


7. Calls upon all Member States to inspect, in their
territory, including seaports and airports, in accordance
with their national authorities and legislation, and
consistent with international law, all cargo to and from
Somalia and Eritrea, if the State concerned has
information that provides reasonable grounds to believe
the cargo contains items the supply, transfer, or export
of which is prohibited by paragraph 5 and 6 of this
resolution or the general and complete arms embargo
against Somalia established pursuant to paragraph 5 of
resolution 733 (1992) and elaborated and amended by
subsequent resolutions for the purpose of ensuring strict
implementation of those provisions;


8. Decides to authorize all Member States to, and that
all Member States shall, upon discovery of items
prohibited by paragraphs 5 and 6 above, seize and dispose
(either by destroying or rendering inoperable) items the
supply, sale, transfer, or export of which is prohibited
by paragraphs 5 and 6 of this resolution and decides
further that all Member States shall cooperate in such
efforts;


9. Requires any Member State when it finds items the
supply, sale, transfer, or export of which is prohibited
by paragraphs 5 and 6 of this resolution to submit
promptly a report to the Committee containing relevant
details, including the steps taken to seize and dispose of
the items;


10. Decides that all Member States shall take the
necessary measures to prevent the entry into or transit
through their territories of individuals, designated by
the Committee established pursuant to resolution 751
(1992) and expanded by resolution 1844 (2008) (herein ?the
Committee?) pursuant to the criteria in paragraph 15
below, provided that nothing in this paragraph shall
oblige a state to refuse entry into its territory its own
nationals;


11. Decides that the measures imposed by paragraph 10
above shall not apply:

(a) where the Committee determines on a
case-by-case basis that such travel is justified on the
grounds of humanitarian need, including religious
obligation; or,

(b) where the Committee determines on a
case-by-case basis that an exemption would otherwise
further the objectives of peace and stability in the
region;


12. Decides that all Member States shall take the
necessary measures to prevent the direct or indirect
supply, sale or transfer by their nationals or from their
territories or using their flag vessels or aircraft of
arms and related materiel of all types, including weapons
and ammunition, military vehicles and equipment,
paramilitary equipment, and spare parts for the
aforementioned and the direct or indirect supply of
technical assistance or training, financial and other
assistance including investment, brokering or other
financial services, related to military activities or to
the supply, sale, transfer, manufacture, maintenance or
use of weapons and military equipment, to the individuals
or entities designated by the Committee pursuant to
paragraph 15 below;


13. Decides that all Member States shall freeze without
delay the funds, other financial assets and economic
resources which are on their territories on the date of
adoption of this resolution or at any time thereafter,
that are owned or controlled, directly or indirectly, by
the entities and individuals designated by the Committee
pursuant to paragraph 15 below, or by individuals or
entities acting on their behalf or their direction, and
decides further that all Member States shall ensure that
no funds, financial assets or economic resources are made
available by their nationals or by any individuals or
entities within their territories to or for the benefit of
such individuals or entities;


14. Decides that the measures imposed by paragraph 13
above do not apply to funds, other financial assets or
economic resources that have been determined by relevant
Member States:
(a) 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 exclusively 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, or
routine holding or maintenance of frozen funds, other
financial assets and economic resources, after
notification by the relevant Member State to the Committee
of the intention to authorize, where appropriate, access
to such funds, other financial assets or economic
resources, and in the absence of a negative decision by
the Committee within three working days of such
notification;

(b) to be necessary for extraordinary expenses, provided
that such determination has been notified by the relevant
Member State(s) to the Committee and has been approved by
the Committee; or

(c) to be the subject of a judicial, administrative or
arbitral lien or judgment, in which case the funds, other
financial assets and economic resources may be used to
satisfy that lien or judgment provided that the lien or
judgment was entered into prior to the date of the present
resolution, is not for the benefit of a person or entity
designated pursuant to paragraph 11 above, and has been
notified by the relevant Member State(s) to the Committee;


15. Decides that the provisions of paragraph 10 above
shall apply to individuals, including but not limited to
Eritrean political and military leadership, and that the
provisions of paragraphs 12 and 13 above shall apply to
individuals and entities, including but not limited to
Eritrean political and military leadership, governmental,
parastatal entities, and entities privately owned by
Eritrean nationals living within or outside of Eritrean
territory, designated by the Committee:

(a) as violating the measures established by
paragraphs 5 and 6 above;

(b) as providing support from Eritrea to armed
opposition groups which aim to destabilize the region;

(c) as obstructing implementation of resolution
1862 (2009) concerning Djibouti;

(d) as harboring, financing, facilitating,
supporting, organizing, training, or inciting individuals
or groups to perpetrate acts of violence or terrorist acts
against other States or their citizens in the region;

(e) as obstructing the investigations or work of
the Monitoring Group;


16. Demands that all Member States, in particular
Eritrea, cease arming, training, and equipping armed
groups and their members, including al-Shabaab, that aim
to destabilize the region or incite violence and civil
strife in Djibouti;


17. Demands Eritrea cease facilitating travel and other
forms of financial support to individuals and entities
designated by the Committee and other Sanctions
Committees, in particular the Committee established
pursuant to resolution 1267 (1999),in line with the
provisions set out in the relevant resolutions;


18. Decides to further expand the mandate of the Committee
to undertake the following tasks:

(a) to monitor, with the support of the Monitoring
Group, the implementation of the measures imposed in
paragraphs 5, 6, 8, 10, 12 and 13 above;

(b) to designate those individuals or entities
subject to the measures imposed by paragraphs 10, 12 and
13 above, pursuant to the criteria set forth in paragraph
15 above;

(c) to consider and decide upon requests for
exemptions set out in paragraphs 11 and 14 above;

(d) to update its guidelines to reflect its
additional tasks;


19. Decides to further expand the mandate of the
Monitoring Group reestablished by resolution 1853 (2008)
to monitor and report on implementation of the measures
imposed in this resolution and undertake the tasks
outlined below, and requests the Secretary-General to make
appropriate arrangements for additional resources and
personnel so that the expanded Monitoring Group may
continue to carry out its mandate, and in addition:

(a) assist the Committee in monitoring the
implementation of the measures imposed in paragraphs 5, 6,
8, 10, 12, and 13 above, including by reporting any
information on violations;

(b) consider any information relevant to
implementation of paragraphs 16 and 17 above that should
be brought to the attention of the Committee;

(c) include in its reports to the Security Council
any information relevant to the Committee's designation of
the individuals and entities described in paragraph 15
above;

(d) coordinate as appropriate with other Sanctions
Committee's panels of experts in pursuit of these tasks;


20. Calls upon all Members States to report to the
Security Council within 120 days of the adoption of this
resolution on steps they have taken to implement the
measures outlined in the paragraphs 5, 6, 10, 12, and 13;


21. Affirms that it shall keep Eritrea's actions under
review and that it shall be prepared to adjust the
measures, including through their strengthening,
modification, or lifting, in light of Eritrea?s compliance
with the provisions of this resolution;


22. Requests the Secretary-General to report within 180
days on Eritrea's compliance with the provisions of this
resolution;


23. Decides to remain actively seized of the matter.

END TEXT

--------------
TALKING POINTS
--------------

3. If resolution is adopted:

- The United States commends the efforts of the African
Union and the Intergovernmental Authority on Development
for addressing the threat to international peace and
security posed by the Government of Eritrea.

- We have supported adoption of this important resolution
to demonstrate that the world stands united in efforts to
return peace and security to the Horn of Africa.

- The Eritrean Government's actions reflect irresponsible
behavior. It is absolutely unacceptable for Eritrea to
support and fund efforts by al-Shabaab and other
insurgents to topple Somalia Transitional Federal
Government and attack African Union peacekeeping forces.

- We are also deeply concerned by Eritrea's failure to
abide by UNSCR 1862 (2009) regarding the ongoing
Djibouti/Eritrea border dispute.

- These actions threaten international peace and security
and contribute to the dire humanitarian crisis. The
Eritrean Government has chosen to fuel instability rather
than commit to constructive dialogue and resolution of
outstanding disagreements.

- The United States calls on President Isaias to
immediately end Eritrea's destabilizing activities and
instead to work towards improving the desperate situation
and lives of people in the Horn of Africa.


4. If resolution is NOT adopted use the following talking
point instead of the first one above in para 3:

- The United States is deeply disappointed that the
Security Council did not adopt a strong resolution, in
support of this African regional initiative, condemning
the destabilizing behavior of the Eritrean Government. We
will continue to work with responsible partners in the
international community who are committed to establishing
peace and security in the Horn of Africa.

END TALKING POINTS.
CLINTON