Summary
Eritrea’s support of armed opposition groups (both the United Islamic Courts during EP2 and its Al-Shabaab splinter group in EP3), and official rejection of the Djibouti Agreement, combined with an attempt to resolve militarily a border dispute with Djibouti, led to the imposition of secondary sanctions (an arms imports and exports embargo, travel ban, and asset freeze) on Eritrea in UNSCR 1907 (23 December 2009) and the assumption of the responsibility for their monitoring by the Somalia Committee and its Monitoring Group. UNSCR 2023 (5 December 2011), imposed sanctions on the coercive collection of Eritrean diaspora tax, and suggested that States exercise vigilance with regard to the use of proceeds from the mining sector of Eritrea.
In April 2010, the Somalia Sanctions Committee made its first designations. The process was led by the United States and targeted primarily individuals associated with Al-Shabaab. In October 2011, Kenya intervened in the conflict in Somalia against Al-Shabaab and in support of the TFG. The operation, coordinated with the Somali military, was motivated by the activities of Al-Shabaab in and across the border with Kenya, including the kidnapping of foreign tourists and aid workers in the country.
Purposes
Coerce
Coerce Eritrea to support the Djibouti Peace Process on Somalia, cease interference in the affairs of neighboring states, and withdraw its forces from territory disputed with Djibouti as outlined in UNSCR 1862 (2009).
Constrain
Constrain Al-Shabaab from being able to challenge the TFG (and the 2008 Djibouti Peace Agreement).
Signal
Signal disapproval of Eritrean support of Al-Shabaab and wider interference in the region.
Sanctions type
Mandatory
Somalia:
Ongoing arms imports embargo on all parties (with conditional government exemptions) and designated individuals / entities, travel ban, and asset freeze on listed individuals / entities (including rebel factions).
Eritrea:
Newly imposed secondary sanctions on arms imports (government forces, individuals / entities) and exports embargo, travel ban, asset freeze (individual / entity and government), and a ban on the coercive collection of diaspora tax (from December 2011).
Designations
Maximum number of designees during the episode: 11 individuals and 1 entity.
Potential scope
Potential scope of impact
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.
Implementation
Sanctions Committee and Monitoring Group in place. Designation criteria were specified and Somalia sanctions regime targets designated. Enforcement authorities not specified.
Effectiveness
Coercion
Policy outcome
The Monitoring Group reported that Eritrea found no evidence of direct support to Al-Shabaab from Eritrea between July 2011 and the end of the episode. In June 2010, Eritrea withdrew troops from the border with Djibouti and agreed to a mediation by Qatar, but the dispute continues.
Sanctions contribution
There is evidence that a portion of the Eritrean air force was grounded due to the sanctions, but there was also strong diplomatic pressure from IGAD; Eritrea fall-out with a faction of the leadership of Al-Shabaab.
Constraint
Policy outcome
Arms continued to be available in the region and Al-Shabaab gained both territory and popular support in the territory it controlled in Somalia during the first half of the episode (even after individual designations were made in 2010).
Sanctions contribution
Territorial gains early in the episode enabled Al-Shabaab to find alternative financial sources of support, particularly from charcoal exports; AMISOM was present, but given no authorization to enforce the arms embargo; military reversals from the October 2011 Kenyan invasion were significant toward the end of the episode.
Signaling
Policy outcome
Secondary sanctions were unusual but sent a strong signal; Eritrea denied that it was interfering in the conflict, but it was widely recognized as heavily involved.
Sanctions contribution
Secondary sanctions sent a strong stigmatizing signal, and the UNSCR was unusually explicit in its condemnation of Eritrea’s role; there was also diplomatic pressure on Eritrea from IGAD.
Overall
Unintended consequences
Strengthening security apparatus of sending states, increase in international enforcement capability, resource diversion, humanitarian consequences, decline in credibility/legitimacy of the UN Security Council.
UN sanctions resolutions guide
Substantive
- Imposes secondary sanctions on Eritrea – arms imports and exports embargo.
- Authorizes MS to seize and dispose of items prohibited under arms embargo on Eritrea upon discovery.
- Imposes travel ban and specifies humanitarian, religious, peace and stability in the region exemptions.
- Imposes targeted arms imports embargo on designated individuals and entities, including related investment, brokering or other financial services.
- 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 criteria for designations (including Eritrean political and military leadership).
- Calls for MS inspection of all cargo to and from Somalia and Eritrea, if reasonable grounds for sanctions violation.
Procedural
- Requires MS reporting following discovery of any items prohibited under arms embargo on Eritrea.
- Modifies Sanctions Committee mandate.
- Calls for MS reporting.
Substantive
- Adds UNSCR 733 and 1425 arms imports embargo exemptions for supplies and technical assistance by international, regional and subregional organizations (absence of negative Committee decision).
- Adds UNSCR 1844 financial asset freeze exemption for payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia by UN, its specialized agencies and programs, humanitarian organizations with UN General Assembly observer status, and their implementing partners (1 year).
Procedural
- Re-establishes Monitoring Group (1 year) and specifies its mandate.
Substantive
- Renews UNSCR 1846, 1851 and 1897 authorization to MS and regional organizations cooperating with TFG in the fight against piracy and armed robbery at sea (1 year).
- Calls upon MS to criminalize piracy under their domestic law.
Procedural
- Requests reporting by MS and regional organizations acting under this authorization.
Substantive
- Sets out objectives for Somalia.
Procedural
- Extends AMISOM mandate (until 30.09.2011) and requests increase in its troop level.
Substantive
- Extends UNSCR 1916 exemption from UNSCR 1844 financial asset freeze for funds necessary for humanitarian assistance (16 months).
Substantive
- Specifies that UNSCR 1844 travel ban applies to designated individuals and financial asset freeze and targeted arms embargo to designated individuals and entities.
- Delineates designation criteria.
Procedural
- Modifies Sanctions Committee mandate.
- Re-establishes Monitoring Group (1 year) and specifies its mandate.
- Specifies listing procedure.
- Specifies delisting procedure.
- Sets sanctions review (1 year).
- Requires MS reporting.
Substantive
- Renews UNSCR 1846, 1851, 1897 and 1950 authorization to MS and regional organizations cooperating with TFG in the fight against piracy and armed robbery at sea (1 year).
Procedural
- Requests reporting by MS and regional organizations acting under this authorization.
Substantive
- Imposes prohibition on Eritrea’s practice of “diaspora tax”.
- Decides MS shall exercise vigilance over mining in Eritrea and urges them to introduce due diligence guidelines to prevent provision of financial services, assets, or resources, including in the extractives sector, if it contribute to sanctions violation.
Procedural
- Modifies Monitoring Group mandate.
- Calls for MS reporting.
