United Nations Security Council Resolution 1407

by the United Nations

Adopted unanimously by the Security Council at its 4524th meeting, on 3 May 2002

The Security Council,

Recalling its relevant resolutions concerning the situation in Somalia, in particular resolution 733 (1992) of 23 January 1992,

Further recalling the statement of its President of 28 March 2002 (S/PRST/2002/8),

Noting with serious concern the continued flow of weapons and ammunition supplies to Somalia from other countries, undermining peace and security and the political efforts for national reconciliation in Somalia,

Welcoming the forthcoming visit of the Chairman of the Committee established pursuant to resolution 751 (1992) of 24 April 1992 (hereinafter referred to as "the Committee") to Somalia and States in the region in June 2002 and looking forward to his report in this regard,

Acting under Chapter VII of the Charter of the United Nations,

1. Requests the Secretary-General to establish, within one month from the date of adoption of this resolution, in preparation for a Panel of Experts, a team of experts consisting of two members for a period of 30 days, to provide the Committee with an action plan detailing the resources and expertise that the Panel of Experts will require to be able to generate independent information on violations and for improving the enforcement of the weapon and military equipment embargo established by paragraph 5 of resolution 733 (1992) (hereinafter referred to as "the arms embargo"), including by:

• investigating the violations of the arms embargo covering access to Somalia by land, air and sea, in particular by pursuing any sources that might reveal information related to violations, including relevant States, intergovernmental organizations and international law enforcement cooperation bodies, non-governmental organizations, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, members of the Transitional National Government, local authorities, political and traditional leaders, civil society and the business community;
• detailing information in relevant areas of expertise related to violations and enforcement of the arms embargo in its various aspects;
• carrying out field-based research, where possible, in Somalia, States neighbouring Somalia and other States, as appropriate;
• assessing the capacity of States in the region to implement fully the arms embargo, including through a review of national customs and border control regimes;
• providing recommendations on possible practical steps for further strengthening the enforcement of the arms embargo;

2. Requests the Chairman of the Committee to forward the report of the team of experts, within two weeks of its reception, to the Security Council for its consideration;

3. Expresses its determination to examine the findings of the experts and the Chairman of the Committee and to take further action in follow-up to the statement of its President of 28 March 2002 (S/PRST/2002/8) and paragraph 1 above by the end of July 2002;

4. Calls on all States and the Transitional National Government and local authorities in Somalia to cooperate fully with the Chairman of the Committee and the team of experts in their quests for information in accordance with this resolution, including by facilitating visits to sites and actors and by providing full access to government officials and records, as requested by the Chairman of the Committee or the team of experts;

5. Urges all other individuals and entities contacted by the Chairman of the Committee or the team of experts to cooperate fully by providing relevant information and facilitating their investigations, including political and traditional leaders, members of civil society and the business community, financial institutions and intermediaries, other brokering agencies, civil aviation companies and authorities, non-governmental organizations, intergovernmental organizations and international law enforcement cooperation bodies;

6. Requests the Chairman of the Committee and the team of experts to notify the Council immediately, through the Committee, of any lack of cooperation by the authorities and entities referred to above;

7. Requests the Secretary-General to work actively through technical assistance and cooperation with the Transitional National Government, local authorities and traditional civil and religious leaders to enhance the administrative and judicial capacities throughout Somalia to contribute to the monitoring and enforcement of the arms embargo, in accordance with the statement of its President of 28 March 2002, and invites all humanitarian and developmental actors to promote and reinforce this objective in a coordinated manner through their programmes of assistance for Somalia;

8. Requests all States to report to the Committee no later than 60 days from the adoption of this resolution and thereafter according to the timetable set by the Committee on measures they have in place to ensure the full and effective implementation of the arms embargo, and with the view to complementing the action taken by the Council pursuant to paragraph 3 above;

9. Calls upon all States, in particular those in the region, to provide the Committee with all available information on violations of the arms embargo;

10. Decides to remain actively seized of the matter.