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Viewing cable 06USUNNEWYORK1581, SOMALIA: FALL BRIEFS AND UNSC DISCUSSES DRAFT

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Reference ID Created Released Classification Origin
06USUNNEWYORK1581 2006-08-18 21:37 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY USUN New York
VZCZCXRO4851
RR RUEHBC RUEHBZ RUEHDE RUEHDU RUEHGI RUEHJO RUEHKUK RUEHMA RUEHMR
RUEHPA RUEHRN
DE RUCNDT #1581/01 2302137
ZNR UUUUU ZZH
R 182137Z AUG 06
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 9906
INFO RUEHEE/ARAB LEAGUE COLLECTIVE
RUEHZO/OAU COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RUEHDS/AMEMBASSY ADDIS ABABA 0946
RUEHAE/AMEMBASSY ASMARA 0774
RUEHDJ/AMEMBASSY DJIBOUTI 0076
RUEHKH/AMEMBASSY KHARTOUM 0338
RUEHNR/AMEMBASSY NAIROBI 0493
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 
 
USUN NEW Y 00001581  002 OF 005 
 
 
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, 
 
SIPDIS 
 
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 
 
USUN NEW Y 00001581  003 OF 005 
 
 
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, 
 
USUN NEW Y 00001581  004 OF 005 
 
 
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) 
 
USUN NEW Y 00001581  005 OF 005 
 
 
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