Somalia (Eritrea) - EP 6

Duration: 14-Nov-2018 to Present

On 14 November 2018 the Security Council lifted the sanctions on Eritrea, following five consecutive years in which the Monitoring Group found no evidence of the country's support for Al-Shabaab. The lifting took place following a request from Ethiopia in the aftermath of the July 2018 peace summit between the two countries, and as Eritrea's relations with Djibouti were improving. The Security Council had been divided on the lifting of Eritrea sanctions for several years because although there was no evidence of direct support to Al-Shabaab, Eritrea had consistently refused to cooperate with the Monitoring Group and continued to support armed groups in Djibouti and Ethiopia.

Although the federal elections of 2018 were a political landmark for the country, this episode saw continued violence conducted by Al-Shabaab, including a series of attacks against both Somali and foreign security targets, which has led to worsening humanitarian situation. According to the Panel of Experts (formerly Monitoring Group), Al-Shabaab has been able to further diversify and establish a steady stream of funds for its activities, primarily through a broad taxation in southern and central Somalia. The group has been able to develop sources of revenue in territories it does not fully control, including for example through the taxation of imports incoming to the Port of Mogadishu (by infiltrating port institutions, obtaining detailed cargo manifests, and then extorting business owners).

Throughout the episode, Al-Shabaab's resources translated into a capacity to exercise violence and resist attacks from the Federal Government and allied forces, like the United States, as well as a violent competition with ISIL for territory and sources of revenue. The group was able to conduct a large number of attacks against civilians in various public spaces, notably in Mogadishu, and targeted attacks on high profile targets, including a suicide bombing that killed the mayor of Mogadishu and an attack at a hotel in Nairobi.

In response to these events, as well as the group's new methods of warfare, the Security Council adopted UNSCR 2498 (15 November 2019) to impose a conditional ban on the import of components used to manufacture improvised explosive devices (IEDs). Given the lack of effectiveness of the charcoal exports ban, the Panel of Experts recommended the Council to review the measure.

As of 2020, the Somali Federal Government had made some progress in its security-related objectives with the support of AMISOM and US forces, but the state-building process was complicated by difficulties in the dialogue between the Federal Government and States, especially in relation to the National Security Architecture and the transition of security responsibilities from AMISOM to Somali security forces.


Coerce

N/A.

Constrain

Constrain Al-Shabaab from challenging the Federal Government of Somalia.

Signal

Signal support for a peaceful resolution to the conflict, and subsidiary concerns such as the transitional government and process, good governance, anti-terrorism, anti-piracy, among others.


Mandatory

Ongoing arms imports embargo on all parties to the conflict (with conditional government exemptions) and designated individuals and entities, travel ban and asset freeze on listed individuals/entities (including rebel factions), and charcoal exports ban from Somalia.

Newly imposed conditional ban on the import of items that can be used for the manufacture of explosive devices to Somalia (from November 2019).

All secondary sanctions on Eritrea were lifted at the beginning of the episode.


Current and maximum number of designees during the episode: 15 individuals and 1 entity.


Potential scope of impact

Medium

UN sanctions can have some non-discriminating impact on the general population, since they include arms embargoes, diplomatic sanctions, and/or restrictions on the conduct of particular activities or the export of specific commodities.


Sanctions Committee in place. The Somalia and Eritrea Monitoring Group was terminated at the start of the episode and replaced with a Panel of Experts on Somalia. Designation criteria were specified and targets designated. Enforcement authorities specified (AMISOM).


Coercion

N/A

Policy outcome

N/A.

Sanctions contribution

N/A.

Constraint

Ineffective

Policy outcome

Al-Shabaab has been able to maintain a diverse source of revenue (mainly extorsion/taxation of economic activity) and has continued to be able to engage in violence, in particular through IEDs. The 2019 Panel of Experts report stated that money was not a limiting factor for Al-Shabaab.

Sanctions contribution

While there has been a decline in charcoal exports from Al-Shabaab, the group has been able to establish new sources of revenue. The use of military force by the Federal Government, AMISOM and its international allies have been the most significant for constraining Al-Shabaab forces.

Signaling

Ineffective

Policy outcome

The lifting of sanctions on Eritrea narrowed the focus of the sanctions regime, although the broad set of objectives related to the regime,from piracy to the presence of Al-Shabaab and the state-building process, weakens the signal and stigmatization of targets.

Sanctions contribution

The continued presence of AMISOM and other forces, and diplomatic efforts are more significant for the signaling.

Overall

Ineffective

Strengthening security apparatus of sending states, increase in international enforcement capability, resource diversion, humanitarian consequences.


14-11-2018

Substantive

Eritrea
  • Recognizes that the Somalia and Eritrea Monitoring Group has not found conclusive evidence that Eritrea supports Al-Shabaab.
  • Terminates UNSCR 1907, 2023, 2060, and 2111 arms embargo, travel ban, asset freeze and (other) targeted sanctions on Eritrea.
  • Terminates UNSCR 2023 provisions pertaining to vigilance regarding Eritrean mining sector.
  • Urges Eritrea and Djibouti to continue effort to settle their border dispute peacefully and in accordance with international law, with a view to normalize their relations.
Somalia
  • Reaffirms UNSCR 733, 1425, 2093, 2111, 2125, 2142, 2244, 2317, and 2385 arms embargo.
  • Extends UNSCR 2142 arms imports embargo exception for Somali National Security Forces (until 15.11.2019).
  • Reaffirms that temporary entry into Somali ports for defensive purposes of vessels carrying arms does not constitute a violation of the arms embargo, provided that the items remain at all times aboard such vessels.
  • Reiterates that weapons and equipment supplied to Somali National Security Forces may not be resold, transferred, or made available to other individuals or entities.
  • Reaffirms UNSCR 2036 ban on the import and export of Somali charcoal.
  • Extends UNSCR 2182 authorization for MS acting with FGS to inspect vessels coming to and from Somalia, if reasonable grounds for charcoal exports or arms imports embargo violation (until 15.11.2019).
  • Expresses concern that charcoal trade provides significant funding for Al-Shabaab.
  • Condemns Al-Shabaab’s increased revenue from natural resources, including the taxing of illicit sugar trade, agricultural production, and livestock.
  • Reiterates its concern that Somalia’s petroleum sector could be a driver for increased conflict.
  • Extends UNSCR 1916 exemption from UNSCR 1844 financial asset freeze for funds necessary for humanitarian assistance (until 15.11.2019).
  • Expands UNSCR 1844, 2002, and 2093 travel ban and asset freeze designation criteria by acts involving sexual and gender-based violence.

Procedural

  • Modifies the mandate of the Sanctions Committee.
  • Terminates the mandate of the Somalia and Eritrea Monitoring Group (from 16.12.2018).
  • Establishes a Panel of Experts on Somalia (until 15.12.2019) and specifies its mandate.
  • Decides to continue Panel of Expert investigations of the import to Somalia of chemicals that can be used to manufacture explosive devices.
  • Urges MS to follow the notification procedures for providing assistance to Somali security sector institutions.
  • Requests a technical assessment of the arms embargo by the UN Secretary General.

15-11-2019

Substantive

  • Condemns Al-Shabaab’s extraction of revenue from natural resources.
  • Reaffirms UNSCR 733, 1425, 2093, 2111, 2125, 2142, 2244, 2317, and 2385 arms embargo.
  • Decides that weapons and equipment supplied to Somali National Security Forces or Somali security sector institutions may not be resold, transferred, or made available to other individuals or entities.
  • Reaffirms AMISOM’s role in documenting and registering captured weapons.
  • Exempts weapons, equipment, advice, assistance, and training for the development of Somali National Security Forces or Somalia security sector institutions other than of the Federal Government of Somalia other than those related to items in Annex A (which are subject to Committee’s advanced approval) and Annex B (which are subject to prior Committee notification) and specifies the related procedure and notification obligations (until 15.11.2020).
  • Reaffirms arms imports embargo exemptions for non-lethal military equipment for humanitarian or protective use (with prior notification request); as well as for UN, UNSOM, AMISOM, its strategic partners, and the EUTM; states and organizations suppressing piracy and armed robbery off the coast of Somalia upon Federal Government of Somalia’s request and notification to UNSG; personal use of protective clothing by UN personnel, media, humanitarian, development, and associated personnel; and temporary entries into Somali ports by vessels carrying weapons and military equipment for defensive purposes provided they remain aboard the vessels at all time.
  • Extends UNSCR 1916 exemption from UNSCR 1844 financial asset freeze for funds necessary for humanitarian assistance (until 15.11.2020).
  • Extends UNSCR 2182 authorization for MS acting with FGS to inspect vessels coming to and from Somalia, if reasonable grounds for charcoal exports or arms imports embargo violation (until 15.11.2020).
  • Reaffirms UNSCR 2036 ban on the import and export of Somali charcoal.
  • Imposes a ban on the import of items that can be used for the manufacture of explosive devices (specified in Part I of Annex C) if there is sufficient evidence that the item will or may be used for this purpose and specifies post-sale/supply/transfer notification and the necessary information (within 15 working days).
  • Calls on MS to exercise vigilance regarding the sale, supply, or transfer of explosive precursors and materials to Somalia that could be used to manufacture explosive devices (including those listed in Part II of Annex C) and calls upon them to keep records of transactions and share information regarding suspicious transactions.

Procedural

  • Extends and modifies Panel of Experts mandate (until 15.12.2020).
  • Requests UNSG reporting on normalization of relations between Eritrea and Djibouti.
  • Requests Federal Government of Somalia reporting.

04-12-2019

Substantive

  • Renews UNSCR 1846, 1851, 1897, 1950, 2020, 2077, 2125, 2184, 2246, 2316, 2383, and 2442 authorization to MS and regional organizations cooperating with Somali authorities in the fight against piracy and armed robbery at sea (1 year) and exempts them from UNSCR 733, 1425, and 2093 arms imports embargo.

Procedural

  • Renders reporting by MS and regional organizations (including those acting under this authorization) voluntary.