Summary
Following the signing of the Djibouti Agreement on 19 August 2008 (mediated by the SRSG for Somalia), the UNSC passed UNSCR 1844 (20 November 2008) to apply targeted sanctions against individuals who might undermine the terms of the peace agreement, violate the arms embargo, and obstruct the delivery of humanitarian assistance. No designations were made until 12 April 2010, when the Security Council shifted its focus to securing the transitional government’s position in the country. This was motivated in part by the military gains of Al-Shabaab, an Islamist offshoot of the UIC that had splintered in 2006 following the Ethiopian invasion of the country, which had engaged in armed opposition to the Transnational Federal Government of Somalia (TFG), to Ethiopian forces, and to AMISON since 2006.
Growing concern for the linkages between piracy and instability in Somalia (including the role piracy may play in financing arms embargo violations), as well as the threat of piracy to the delivery of humanitarian aid to Somalia, led the Council to authorize states and regional groups cooperating with TFG to use all necessary means to repress acts of piracy and armed robbery within the territorial waters of Somalia (UNSCR 1846, December 2008). Exemptions to the arms embargo were authorized for anti-piracy efforts, but no sanctions for piracy were agreed to by the UN (due to concern for the criminalization of ransom payments).
Purposes
Coerce
N/A.
Constrain
Constrain forces challenging the TFG (and the 2008 Djibouti Peace Agreement) or violating the arms embargo.
Signal
Signal support for the peace process.
Sanctions type
Mandatory
Ongoing arms imports embargo on all parties to the conflict (with conditional government exemptions) extended also to designated individuals and entities.
Newly imposed travel ban and asset freeze on listed individuals / entities (including rebel factions).
Implementation
Sanctions Committee and Monitoring Group in place. Designation criteria were specified but targets were not designated. Enforcement authorities not specified.
Effectiveness
Coercion
Policy outcome
N/A.
Sanctions contribution
N/A.
Constraint
Policy outcome
Al-Shabaab engaged in armed opposition to the TFG, as weapons continued to be freely available in the country.
Sanctions contribution
The presence of AMISOM and Ethiopian forces is most significant to the outcome. No designations were made during the episode.
Signaling
Policy outcome
The lack of focus in articulation of purposes in the UNSCRs during the episode – challengers to the Djibouti Agreement, Al-Shabaab, piracy, support for the transitional government, condemnation of external intervention – combined with the absence of designations, contributed to a poorly articulated signal.
Sanctions contribution
The presence of AMISOM and Ethiopian forces is more significant to the signal. The authorization of individual sanctions following the Djibouti agreement supported the peace process, although the absence of designations weakened the signal of sanctions.
Unintended consequences
Increase in corruption and criminality, strengthening instruments of the security apparatus of senders, resource diversion, humanitarian consequences, decline in the credibility and/or legitimacy of UN Security Council.
UN sanctions resolutions guide
Substantive
- Imposes travel ban and specifies humanitarian, religious, peace, national reconciliation, and regional stability exemptions (pending Committee approval).
- Imposes financial asset freeze and specifies exemptions for necessary basic expenses, extraordinary expenses, and expenses subject of a judicial, administrative or arbitral lien or judgment (pending Committee approval).
- Delineates designation criteria.
- Expands UNSCR 733 and 1425 arms imports embargo to include provision of arms, military equipment, their transfer, manufacture, and maintenance, as well as technical assistance or training, financial and other military-related assistance, including investment, brokering or other financial services to those designated.
Procedural
- Specifies criteria for optional additions of account payments and interests.
- Modifies Sanctions Committee mandate.
- Modifies Monitoring Group mandate.
- Specifies listing procedure (MS provision of detailed statement of case and identification of publicly releasable parts, their publication on Committee website, Secretariat notification within 1 week of relevant MS and Permanent Missions).
- Specifies de-listing procedure (UNSCR 1730 focal point, Secretariat notification within 1 week of relevant MS and Permanent Missions).
- Sets sanctions review (1 year).
- Requests MS reporting.
Substantive
- Authorizes MS and regional organizations entry into and use of all necessary means within Somalian territorial waters for the purpose of repressing acts of piracy and armed robbery at sea, provided TFG notification (1 year).
- Adds UNSCR 733 and 1425 arms imports embargo exemption for technical assistance to Somalia for the purpose of enhancing coastal and maritime security (pending Committee approval).
Procedural
- Requests MS and regional organizations cooperating with TFG reporting.
Substantive
- Encourages establishment of international cooperation mechanism for combating piracy and armed robbery at sea.
- Authorizes MS and regional organizations to undertake all necessary measures in Somalia (including operations on land) for suppressing acts of piracy and armed robbery at sea (1 year).
- Adds UNSCR 733 and 1425 arms imports embargo exemption for weapons and military equipment for use by MS and international organizations acting under this authorization.
Procedural
- Re-establishes Monitoring group (1 year) and specifies its mandate.
Substantive
- Expresses intent to establish UN Peacekeeping Operation in Somalia as follow-up to AMISOM (by 01.06.2009) and specifies its mandate.
Procedural
- Extends AMISOM mandate (6 months).
Substantive
- Requests Secretary-General to expedite the proposed deployment of elements of UNPOS and other UN offices and agencies to Mogadishu.
- Affirms UNSCR 733 and 1425 arms imports embargo exemption for supplies and technical assistance to TFG for developing its security sector institutions (prior Committee notification required).
Procedural
- Extends AMISOM mandate (until 31.01.2010).
- Requests AU reporting (equipment and services).
Substantive
- Renews UNSCR 1846 and 1851 authorization to use all means necessary and enter into Somalian territorial waters for the purpose of repressing acts of piracy and armed robbery at sea (1 year).
Procedural
- Requests MS and regional organizations cooperating with TFG reporting.
