S/PV.6532 Security Council

Wednesday, May 11, 2011 — Session 66, Meeting 6532 — New York — UN Document ↗

Provisional
I thank Mr. Mahiga for his briefing. I now give the floor to His Excellency Mr. Mohamed Abdullahi Mohamed, Prime Minister of Somalia.
It gives me great pleasure to appear before the Security Council today for the third time since I took office, in November of last year. During my two previous appearances (see S/PV.6467 and S/PV.6494), I reported to the Council on the achievements made by the Transitional Federal Institutions (TFIs), the challenges we face and the way forward. I am delighted to continue that trend and to once more provide the Council the latest updates on the challenges we face at this critical time. However, I am also here to listen to the constructive views of Security Council members on how we can make progress beyond the transition phase, which ends in August. As I mentioned in January and in March, my Government’s five main priorities have been to improve security, enhance reconciliation, complete the transitional tasks — including the completion of our constitutional process — address the humanitarian crisis and promote good governance. Let me begin by expressing once again my heartfelt gratitude and sincere appreciation for the ongoing support of the United Nations, the African Union and the international community to Somalia. In particular, we are exceptionally grateful to the young men and women from Uganda and Burundi who make up the African Union troops and who make the ultimate sacrifice for the safety and security of the Somali people. We salute and mourn those soldiers who have died in Somalia. We extend our condolences to their friends and families and assure them that their loss will not be in vain. Our nation will be eternally grateful. I am fully aware that the Secretary-General recently reported to the Security Council on the key developments in Somalia; however, let me share with the Council recent developments in the area of security. My Government continues to place the highest priority on security. As a result, our troops and the forces of the African Union Mission in Somalia (AMISOM) are currently making tangible progress in reclaiming significant territory from extremist groups in Mogadishu. Our troops are currently making visible progress in regions near the borders of Kenya and Ethiopia. They are gradually recapturing key districts and towns in the Gedo and Jubba regions. In addition, the military offensive in the capital city has been successful. The centrepiece was the taking of the former Ministry of Defence from the extremists — a strategic objective and one that will prove to be a pivotal moment in this campaign. Ground is now being taken at an increasing rate, especially around Bondere and immediately south of the Bakara market, in Howlwadag. Together, the Transitional Federal Government (TFG) and AMISOM forces continue to push the extremists further back each and every week. Such an offensive must be properly sustained and logistically supported, and we implore the international community to step up its efforts in this area so that the gains can be consolidated and sustained. We hope that the efforts of AMISOM forces in Somalia will show the world that African countries can solve their problems regionally. We are immensely grateful for the leadership of the Governments of Uganda and Burundi and we hope that other African leaders will also contribute to the cause of bringing peace and stability to Somalia. Let me now update the Council on the political developments in Somalia, as well as to once more say, in no uncertain terms, that my Government is the Council’s committed and credible partner in our efforts to stabilize Somalia. As all members are aware, the Transitional Federal Parliament has unilaterally decided to extend its term for three years. The Transitional Federal Government believes that the Parliament rushed to its decision without proper consultation among the other TFIs, particularly considering that the transitional period for the TFIs it to end by August. The international community has also rejected the Parliament’s decision and raised both the legitimacy and the political wisdom of the legislature’s approach. From the TFG’s perspective, a question of more practical importance is raised by the juridical relationships that bind the Transitional Federal Institutions to both the Transitional Federal Charter and the 1960 Constitution. This has already occasioned differences of opinion between the Parliament and the executive branch of the Government. It is the opinion of my Government that under the simul stabunt vel simul cadent principle, the Transitional Federal Institutions shall cease to exist as of August 2011. In other words, both institutions are indissolubly connected from a constitutional perspective. We would have wished to avoid the current political crisis within the Transitional Federal Institutions. It is true that my Government considers the behaviour of the Parliament in extending its mandate for an additional three years to be unconstitutional. The legislature’s action is inconsistent with, and in contravention of, the Transitional Federal Charter and the 1960 Constitution. Both state that the term of the Transitional Federal Parliament shall not be extended and that any amendment with regard to the term shall not have effect with the tenure of the current legislature. My Government therefore believes that, from the constitutional and legal perspectives, the current Parliament does not have the constitutional mandate to elect a new President of the Republic. A post-August legally elected legislature will be the legitimate Parliament to elect a President. We believe that it is the responsibility of the executive branch of the Government to coordinate efforts to achieve inclusive pre- and post-transitional arrangements, which we were in the process of concluding. The President of Somalia, Sheikh Sharif Sheikh Ahmed, has asked the Parliament to reconsider its decision. The Speaker has so far rejected the President’s proposal for a decision with regard to the extension of Parliament’s tenure. The most disturbing consequence of this situation is the descent into political instability at precisely the time when the security situation is on the verge of a breakthrough and governance is making effective strides forward. I and my Government believe that, with such visible progress on the ground, this is the worst possible time to be distracted by untenable election processes and the divisive campaigning that will inevitably take place. The TFG also believes that the diversion of focus from governance and security to election campaigning will provide the Al-Shabaab an opportunity of which it will take full advantage. We cannot offer these extremists such an open goal. It is our people, especially our youth, who will suffer the most. Having considered the state of war envisioned in article 68 of the 1960 Somali Constitution, the TFG has discussed the issue at great length with all stakeholders, and we have therefore proposed to the Parliament and to our international partners to consider extending the mandate of the transitional federal institutions for an additional 12 months. The nation is at war with internal and external extremist forces and with the debilitating issue of piracy. The state of war envisioned in article 68 clearly provides an extraordinary legal mandate for the legislature and the executive branch to collectively manage war efforts with exceptional powers and thereby allow the recent progress to take hold and develop. We believe that a further 12 months of progress in terms of political stability and security will create a chance for real and fair elections. That is our ambition and must surely be that of the Council as well. We believe that this is in the wider interests of the Somali people. The question is, how can the transitional federal institutions secure legitimacy without undermining the current progress with regard to security, stability and war efforts? We believe that the Security Council has a role to play by upholding international legality. The Somali people and the international community cannot accept an Act of Parliament that is clearly in violation of the Somali Constitution, that is, a unilateral extension of its tenure. In order to move forward, I have appointed a ministerial committee, of which I am the Chair, and I have requested that the Parliament meet with us in order to settle our differences amicably and find an acceptable and mutually agreed consensus on the way forward. We are still hoping that the Parliament will agree to a consultative meeting between the two institutions. The TFG has always believed that the best way to resolve our issues is to hold a dialogue among Somalis, and we ask for the Council’s support in giving us the space and time to reach our own political settlement. As all here are aware, the TFG did not participate in the consultative meeting organized by the Special Representative of the Secretary-General for Somalia, Mr. Augustine Mahiga, in Nairobi last month. The TFG greatly values the role of the Special Representative of the Secretary-General, the United Nations as a whole and our key international partners. However, we believe that consultative meetings should be held inside Somalia and that Somalis should take the lead. We simply wish our voice to be heard. The TFG has long intended to hold a consultative meeting among all our stakeholders in Mogadishu; it is scheduled to take place from 11 to 16 June 2011. I am very pleased to report that Mr. Mahiga has welcomed this meeting and has agreed that the United Nations will sponsor it. I have assigned a ministerial-level committee to organize the meeting in consultation with the Special Representative of the Secretary-General and all key stakeholders. We are very grateful for Mr. Mahiga’s commitment and the excellent work he has done to bring peace and stability to Somalia. I would also like to report that support from the Somali people is growing and that they are fully behind these security successes. We are very grateful for this, as this is the first time in decades that a Somali Government has received such support from the people. This is due to my Government’s steady efforts in the areas of the delivery of services and good governance. We also know that civil society groups are beginning to mobilize and gaining the confidence to make their voices heard. I would offer three tangible examples of improved service delivery from the past two months. My Government, with donor support and assistance from AMISOM, has opened a new hospital, Martini hospital. It has a total capacity of around 500 beds and is already starting to treat and care for injured TFG soldiers and civilians with a range of illnesses and injuries. My Government has taken over the running of a school attached to the newly established Al-Jazzira military training camp on the outskirts of Mogadishu. Again, with AMISOM’s assistance, that school was established for local children and those of soldiers in training. My Government has also established two other schools in Mogadishu to care for orphans and those whose parents are too poor to care for them themselves. We have around 400 children who are receiving food, shelter and elementary education. The most exciting symbol of change, however, is the emergence of private-property renovation and property investment. It may for now be confined to the road between Kilometre 4 and the airport, but a new, five-floor hotel is being built and houses are being repaired, windows restored and roadwork undertaken. That is the surest sign of public confidence, as no private individuals would spend their money if they thought their efforts would turn to rubble. In addition, as I previously reported to the Council, my Government continues to provide service delivery to its people, such as street-cleaning, road repair and street lighting, as well as improving the justice system, promoting human rights and giving a sense of hope to our citizens. We have recently relaunched our first national television station in 20 years and our national newspaper, Dalka. As I mentioned earlier, we are the first line of defence against two evils: the scourge of piracy and the plague of terrorism. We feel that the pressure and the war against terrorism must be intensified until we have eliminated all extremists from our soil. In the light of the killing of Osama Bin Laden, my Government has declared a state of high alert as a result of credible information that Al-Qaida and Al-Shabaab are planning revenge attacks, which could endanger or kill innocent people. On 7 May, an Al-Shabaab spokesperson confirmed that the group was planning revenge attacks and stated that it would intensify its terrorist activities. We need to defeat those aggressors at their source; that will require strong political will, cooperation and collaboration on our part, and resilient commitment and support on the part of the international community. We have to understand that the root cause and the breeding ground of both terrorism and piracy is lawlessness, coupled with poverty and unemployment. As I have previously reported, the scourge of piracy cannot be defeated on the high seas. The solution is to bring back the rule of law on land in Somalia. We are very grateful for the work carried out by Jack Lang, the Special Adviser to the Secretary- General on Legal Issues related to Piracy off the Coast of Somalia, which has highlighted the urgent need to establish an effective judicial capacity for piracy trials. My Government believes that such courts should be in Somalia. My Government strongly welcomes this proposal and believes that, if the country has a strong national Government with an effective coast guard within a secure exclusive economic zone, we can help to reduce or even stop piracy. The Transitional Federal Government is grateful for the operations of the European Union Naval Force and many other international navies in our seas. My Government has started to work with the United Nations with regard to the stabilization and reconstruction of new areas coming under the control of the TFG, both in Mogadishu and in the regions. This is very important and requires urgent support and attention from the international community. Another area in which we desperately need assistance is disarmament, demobilization and reintegration. We have witnessed a high number of young people defecting from Al-Shabaab. We do not have the resources to provide the array of facilities, training and care necessary to help them recover, resettle and rehabilitate their lives. The stories we are hearing from those young people are shocking. Not only commitment but leadership will be required from the international community so that we can win the war on terror, not only by force but also by educating our young people and providing them with the hope that they have long been waiting for. In conclusion, we are gradually, but effectively, winning the support of the Somali population. My Government is determined to help our people, and I can affirm our commitment to them and to the Council. The interests of our nation and our people must come first. We know that we, the Government, must work tirelessly to meet the expectations of us and to lead by example with transparent and effective governance. Defeating extremists in Somalia requires the same level of commitment as that of Afghanistan and Iraq. We will do everything that it takes to regain our status as a functioning State that protects its citizens, ends all forms of international piracy and extremism, promotes good governance, and produces a nation at peace with itself and its neighbours. I would like to conclude with the Secretary- General’s comments on Somalia in his recent report: “The international community must keep its end of the bargain. The Transitional Federal Government urgently needs assistance for Mogadishu’s stabilization, recovery and reconstruction. If we reinforce the military gains, provide humanitarian relief and achieve political progress, we can set Somalia on course to greater stability and peace. If we fail, we risk a growing humanitarian crisis, a deteriorating security situation and a worsening threat to regional peace and stability.” (S/2011/277, para. 109)
I thank Prime Minister Mohamed for his statement. I now give the floor to the representative of Ethiopia.
On behalf of the States members of the Intergovernmental Authority on Development (IGAD), I wish to thank you, Mr. President, for convening this meeting on Somalia. We are pleased by the presence of His Excellency Mr. Mohamed Abdullahi Mohamed, Prime Minister of the Transitional Federal Government (TFG) of Somalia. We would also like to express our appreciation to the Special Representative of the Secretary-General, Mr. Augustine Mahiga, for his continuous efforts to promote peace in Somalia. We wish to acknowledge the excellent working relationship among the African Union Mission in Somalia (AMISOM), IGAD and the United Nations Political Office for Somalia. First, the present situation can be described in terms of a few points, some of which have existed for some time, while others are, in effect, recent. To start with recent developments, which are essentially happy ones, the progress made in the security area over the past week, if used properly and with a sense of purpose and determination, has the potential to change the whole political landscape in Somalia or, at least, to provide the foundation for such a change. Accordingly, what has been achieved in the security domain in recent weeks and the series of defeats suffered by Al-Shabaab must not be understated. The gains made should be preserved and built upon, including because great sacrifices have been made to achieve what has been gained. That also involves ensuring that whatever is done in other areas does not cause a loss of momentum in the security field. The report of the Secretary-General (S/2011/277) underlines such progress. We endorse everything that the report affirms in that regard. The second development in Somalia relates to the humanitarian tragedy in the country, which has been worsening recently, making that a matter of the highest priority for the TFG and the international community. The activities of the TFG in that area and to be seen to be active in addressing the tragedy will no doubt contribute to enhancing the credibility of the TFG in the eyes of the Somali people. The third point that needs to be highlighted is the fact that the political situation in the country does not show much change. Relations among senior politicians have once again become a source of serious concern. For some reason, the squabble among officials of the Transitional Federal Institutions (TFIs) worsens, by coincidence or otherwise, whenever the security situation shows a major improvement. Obviously, one reason might be that, with the prospect of a more stable and better security situation, holding office becomes far more attractive and, thus, competition is literally ratcheted up. The lesson here is that whatever is done to improve or to change the political landscape should not jeopardize what has been gained in the security area. The other major factor that defines the situation in Somalia at this juncture is the fact that the end of the transition period is fast approaching. There are only three months left before the transition is completed. What makes the issue so vital now is that the transition is coming to an end before the major tasks that were supposed to be handled during that period have been carried out. In that regard, the TFIs and their authorities have been found greatly wanting. Indeed, whatever differences there might be on this point, there is a consensus among the friends of Somalia on the ways and means of addressing it. What has made the issue all the more critical is that it has not only become a source of much misunderstanding among the TFI authorities, but also further undermined the international community’s confidence in the TFI authorities. The situation has been exacerbated by Parliament’s decision to extend its mandate for three years beyond the transition period. While the concerns of the international community in that regard are legitimate, it is nonetheless obvious that allowing the transition to end without putting in place mechanisms to ensure the preservation of the foundation of the Djibouti Agreement would be potentially dangerous and, in fact, inadvertently a major reward, including for Al-Shabaab. That explains why IGAD, and subsequently the African Union, proposed the extension of the mandate, although not for three years. Even if an election has become unavoidable, it should be handled in such a way as not to undermine the gains made in the security area. What to do is now the question faced by the TFIs authorities and their partners at the subregional, regional and international levels. At this point, perhaps what is critical is not to jump the gun. The situation in Somalia is very delicate. Much has been gained in the security area, and since such progress has major positive implications for the fight against international and regional terrorist networks, it should not be allowed to be reversed. One recalls the situation only a few months ago when the terrorists were literally knocking at the doors of Villa Somalia. The current progress should be used to bring the threats posed by such dangerous elements to the region and the wider world to a definitive end. Moreover, it is very clear that focusing only on the weakness of the Somali authorities might not be all that fair. Furthermore, that approach might not serve our common objectives. In that regard, the Secretary- General is right in believing that more help in the security area is needed for AMISOM to enhance its capacity and in terms of the provision of reliable and predictable support for the TFG in a whole range of areas. Regarding how to proceed, what can be stressed at this point is the need for serious consultation with a view to making use of the current progress in the security area to sort out Somalia’s political problem. This must be done brick by brick, for nothing can be done in Somalia in one fell swoop. As the Special Representative of the Secretary-General highlighted, Somali ownership of the process is the best approach and, ultimately, the most rewarding. IGAD is always ready to collaborate with the international community and will remain committed to peace and stability in Somalia.
I thank the representative of Ethiopia for his statement. I have been authorized to make the following statement on behalf of the Council — I give the floor to the representative of the Russian Federation.
Before the Council adopts the presidential statement, I should like to propose that members engage in consultations.
Ambassador, I understood that your delegation was in agreement with the presidential statement.
Sir, you are absolutely right, but we have listened to three very important statements. It seems to me that it may be useful to discuss those statements before the Council gives its final endorsement to the text.
I therefore invite Council members to informal consultations to continue our discussion on the subject. The meeting was suspended at 11.05 a.m. and resumed at 1.30 p.m. The President (spoke in French): After consultations among Council members, I have been authorized to make the following statement on behalf the Council: “The Security Council reiterates its grave concern at the continued instability in Somalia which has led to a multitude of problems, including terrorism, acts of piracy and armed robbery at sea off the coast of Somalia, hostage- taking and a dire humanitarian situation, and reiterates the need for a comprehensive strategy to encourage the establishment of peace and stability in Somalia through the collaborative efforts of all stakeholders. “The Security Council reiterates its respect for the sovereignty, territorial integrity, political independence and unity of Somalia. It reaffirms its support for the Djibouti Agreement and peace process as the basis for the resolution of the conflict in Somalia. It reiterates the importance of political outreach and reconciliation in Somalia and stresses the importance of broad-based, representative institutions reached through a political process ultimately inclusive of all. “The Security Council expresses its support for the work of Mr. Augustine P. Mahiga, Special Representative of the Secretary-General, the United Nations and the African Union to promote peace and reconciliation in Somalia. “The Security Council notes that the transitional period will end in August 2011. It commends the work of the Special Representative of the Secretary-General to facilitate the consultative process among Somalis in their efforts to reach an agreement on post-transitional arrangements, in consultation with the international community and within the framework of the Djibouti Agreement. In this regard, it welcomes the high-level consultative meeting held in Nairobi on 12 and 13 April 2011. The Security Council welcomes the participation of a wide range of Somali stakeholders and partners. It deeply regrets the failure of the Transitional Federal Government (TFG) to participate in this consultative meeting and urges the TFG to engage fully, constructively and without further delay in the consultative process facilitated by the Special Representative of the Secretary-General, and to support his efforts to move the peace process forward. “The Security Council welcomes the upcoming consultative meeting to be held in Mogadishu, which will further the debate generated at the high-level consultative meeting in Nairobi. The Council urges all Somali stakeholders to participate in this meeting and to play a role in finalizing arrangements for ending the transition in August 2011. It calls upon the international community, the United Nations and international organizations to fully support this meeting. “The Security Council reiterates the primary responsibility of Somalis to achieve peace, security and reconciliation in Somalia. It regrets the decisions taken by the Transitional Federal Institutions (TFIs) to extend their mandates unilaterally and urges them to refrain from further unilateral action. The Security Council urges the TFIs to focus on implementing reforms to build their legitimacy, representativeness and credibility and to reach agreement as soon as possible on the holding of elections for the positions of President and Speaker of Parliament, without which there can be no extension. “The Security Council expresses concern at the discord between the TFIs and its impact on the political process and the security situation. It calls upon the TFIs to ensure cohesion, unite and focus on the completion of the transitional tasks set out by the Djibouti Agreement and the Transitional Charter. It stresses the importance of cooperation and collective leadership by the President and Speaker. “The Security Council notes with concern that many core transitional tasks remain outstanding and urges the TFIs to demonstrate tangible results on the completion of these tasks before the end of the transition, prioritizing progress on reconciliation, the Constitution and facilitating the delivery of basic services. It notes its intention to keep the situation under review and notes that its future support to the TFIs will be contingent upon the delivery of tangible results. “The Security Council strongly commends the progress made by the African Union Mission in Somalia (AMISOM) and the Somali security forces in consolidating security and stability in Mogadishu, and recognizes the significant sacrifices made by these forces. It calls on the TFG to take advantage of these tactical gains by demonstrating progress on facilitating the delivery of basic services, the integration of military objectives into a clear political strategy in line with the Djibouti Agreement, and all the other benchmarks spelled out in paragraph 3 of resolution 1964 (2010). It calls for an increased United Nations presence in Mogadishu and other parts of Somalia and calls on the United Nations to work in a coordinated manner. “The Security Council reiterates its full support to AMISOM and expresses its continued appreciation for the commitment of troops by the Governments of Burundi and Uganda. It stresses the importance of predictable, reliable and timely resources for AMISOM in order for it to better fulfil its mandate. The Security Council calls upon the international community to make contributions urgently to AMISOM, without caveats. It notes the recommendations on Somalia of the African Union Peace and Security Council of 15 October 2010 and underlines its intension to keep the situation under review. “The Security Council calls upon all States, particularly in the region, to fully implement the Somalia and Eritrea arms embargoes. The Security Council condemns attacks, including terrorist attacks, on the TFG, AMISOM and the civilian population by armed opposition groups and foreign fighters, particularly Al-Shabaab. It calls upon all opposition groups to lay down their arms and join the peace process.” This statement will be issued as a document of the Security Council under the symbol S/PRST/2011/10. The Security Council has thus concluded the present stage of its consideration of the item on the agenda.
The meeting rose at 1.40 p.m.