S/PV.8796 Security Council

In accordance with rule 37 of the Council’s provisional rules of procedure, I invite the representative of Somalia to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. At this meeting, the Council will hear a briefing by Ambassador Geraldine Byrne Nason, Permanent Representative of Ireland, in her capacity as Chair of the Security Council Committee established pursuant to resolution 751 (1992) concerning Somalia. I now give the floor to Ambassador Byrne Nason. Ms. Byrne Nason: As mandated by paragraph 11 (g) of resolution 1844 (2008), I have the honour to brief the Security Council in my capacity as Chair of the Security Council Committee established pursuant to resolution 751 (1992) concerning Somalia. This briefing will cover the period from 26 February to 14 June 2021. At the outset, I would like to note that on 26 February, the Committee included three individuals on its sanctions list who hold various positions in the armed group Al-Shabaab. While it is too early to see the impact of those listings, an updated sanctions list can be a significant tool in supporting the Federal Government of Somalia in its fight against Al-Shabaab. On 14 May, the Committee received the comprehensive mid-term update prepared by the Panel of Experts on Somalia, pursuant to paragraph 34 of resolution 2551 (2020). The Committee discussed the update at its second informal meeting of the year, held virtually on 4 June. During his presentation to the Committee, the Acting Coordinator of the Panel, who was appointed following the resignation of the Coordinator on 27 April, recalled the political developments in Somalia in April and May. In his statement prepared for the discussion of 4 June, the Acting Coordinator highlighted four key areas of the Panel’s mid-term update — the continued threat posed by Al-Shabaab, including from attacks of improvised explosive devices; the violations of international humanitarian and international human rights law; the ongoing investigations into Al-Shabaab’s finances; and the management of weapons and ammunition by the Federal Government of Somalia and the ban on the export of charcoal from Somalia. The Panel also looks forward to resuming travel shortly in the region. Committee members welcomed the Panel’s work on Al-Shabaab’s finances. They expressed concern over the reported violations of international humanitarian and international human rights law. It was noted that effective weapons and ammunition management procedures instituted by the Federal Government of Somalia were key to preventing the military equipment provided to the Government from falling into the hands of Al-Shabaab and the Islamic State in Iraq and the Levant faction in Somalia. The Committee is currently considering the six recommendations contained in the Panel’s mid-term update, including the idea of initiating a consultative process with the Federal Government of Somalia on the requirements of the arms embargo regime. With regard to arms embargo exemption requests and notifications, the Committee received four post- delivery notifications from Somalia pursuant to paragraph 16 of resolution 2551 (2020). The Committee also received one advance delivery notification from a supplying State pursuant to paragraphs 11 and 14 of the same resolution and five notifications pursuant to paragraph 17 of the same resolution. The Committee received one advance approval request pursuant to paragraph 10 of resolution 2551 (2020), which is currently under its consideration. We look forward to continuing our work in the coming months.

I thank Ambassador Byrne Nason for her briefing. I now give the floor to the representative of Somalia.

At the outset, allow me to congratulate you, Sir, on your presidency for the month of June. I also want to thank my colleague Ambassador Geraldine Byrne Nason, Chair of the Security Council Committee established pursuant to resolution 751 (1992) concerning Somalia, for her briefing. I take note of the recommendations contained in the comprehensive mid-term update prepared by the Panel of Experts on Somalia, pursuant to paragraph 34 of resolution 2551 (2020). In that regard, I would like to make the following two points. First, as everyone is aware, the arms embargo in Somalia is the longest-running United Nations sanctions regime with the broadest mandate. Sanctions are a tool, not an end in themselves. We welcome the Secretary-General’s technical assessment mission to review our programme and stress the importance of clearly identifying the defined, practical and achievable key benchmarks for fully lifting the arms embargo on Somalia. Secondly, subject-matter expertise and evidence-based reporting are the best practices to be used in monitoring United Nations arms embargoes. We welcome the recent steps taken by the Committee to address our concerns and look forward to a more institutionalized and transparent process and procedures in that regard. Upon instruction from my Government, I would also like to draw the Council’s immediate attention to the persistent violations that pose a serious threat to international peace and security. The Kenyan air force bombed Afmadow, Jaldeyse and El Wak in Somalia, which resulted in multiple civilian casualties and the destruction of property and infrastructure, on 15 January, 2 and 27 March and 22 August 2019, respectively. On 2 March 2019, with disregard for human life, the Kenyan air force used brutal cluster munitions, which are prohibited under the Convention on Cluster Munitions in accordance with international customary law. That was confirmed in the report of the Panel of Experts on Somalia (see S/2019/858). More recently, after midnight on 3 June, Kenyan warplanes once again conducted air strikes on El Adde and Hisa-u-Gur. The El Adde strike struck a sleeping family, whose mother, Zara Sharif, was killed instantly. Her five children were injured and airlifted to Mogadishu for treatment. I will show the photos of the injured children: Abdul Ahad, aged eight months; Selma, two years old; Abdula Ali, nine years old; Abdul Achman, eight years old; and Abdul Fatah, 11 years old. The nature of the widespread and systematic attacks of the more than 20 air raids on civilian, populations and infrastructure conducted by Kenyan forces qualifies them as war crimes under international law. Violations by Kenyan forces warrant an immediate investigation by the International Criminal Court. Equally important, the Office of the Special Representative of the Secretary-General for Children and Armed Conflict should urgently investigate those violations against our children. It is the collective task of all United Nations Member States to uphold international law. Such violations require a strong stance by the Council in order to maintain international peace and security and hold perpetrators accountable for violations of international law and international humanitarian law. Somalia cannot tolerate such attacks, which perpetuate vicious demographic engineering in our border area. As they are carried out by the very forces entrusted to maintain peace and security in Somalia, they call into question the role of Kenya as a peacekeeper and could be counterproductive by undermining the mandate and presence of the African Union Military Observer Mission in Somalia and the fight against terrorist groups. In conclusion, the Federal Government of Somalia affirms its keenness to demonstrate good-neighbourly relations with all its neighbours and its commitment to international law and covenants. We reiterate our call on the Kenyan leadership to uphold the standards expected of Kenya in line with its obligations under international law.

I had no intention of asking for the floor, but I thank you for your indulgence, Sir. I thank the representative of Somalia for his statement. I would like to say only that, as Kenya was mentioned adversely, I reject the false allegations that have been levelled against Kenya and reiterate that it has always been committed to the peace process in Somalia. We continue to play that role, as a good neighbour. We have shouldered our responsibility with regard to the peace process for many years. Our interest is in achieving a peaceful and stable Somalia in the interest of peace and stability in the region, free from attacks by Al-Shabaab, which is a common enemy. Just a few months ago, Somalia decided to discontinue its diplomatic relations with Kenya. Barely a week ago, it decided to re-establish its diplomatic relations with Kenya and requested Kenya in writing to reopen its diplomatic mission in Mogadishu. It is our hope that the process of holding elections continues peacefully so that peace and stability are restored in Somalia for the people of Somalia and the region.

I now give the floor to the representative of Somalia to make a further statement.

I will try to be brief. I would like to ask two questions in response to the statement of the Deputy Permanent Representative of Kenya. Is the widespread aerial bombing of an innocent civilian population, including women and children, considered peacekeeping? Similarly, is the systematic destruction of civilian property and infrastructure considered peacebuilding? We all agree that the answer is no. I have no doubt that the international community, including the peace-loving people of Kenya who generously welcomed the Somali people in their countries during the peak of the civil war, reject and condemn such violations. An arsonist can never be a firefighter, just as a destabilizer can never be a peacekeeper. I therefore reiterate my call on the Kenyan authorities to consider their misguided actions in Somalia and work with us towards sustainable peace for the benefit of our people and all the countries of the region.