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Resolution 2216 (2015) Adopted by the Security Council at its 7426th meeting, on 14 April 2015
Security Council,
Recalling its resolutions 2014 (2011), 2051 (2012), 2140 (2014), 2201 (2015), and 2204 (2015) and presidential statements of 15 February 2013, 29 August 2014, and 22 March 2015,
Noting the letter dated 24 March 2015 from the Permanent Representative of Yemen, to the United Nations, transmitting a letter from the President of Yemen, in which he informed the President of the Security Council that “he has requested from the Cooperation Council for the Arab States of the Gulf and the League of Arab States to immediately provide support, by all necessary means and measures, including military intervention, to protect Yemen and its people from the continuing aggression by the Houthis”, and noting the letter dated 26 March 2015 from the Permanent Representative of the State of Qatar, S/2015/217, transmitting a letter from the Representatives of the Kingdom of Bahrain, the State of Kuwait, the State of Qatar, the Kingdom of Saudi Arabia and the United Arab Emirates,
Recalling the resolution of Summit XXVI of the League of Arab States on the developments in Yemen, stressing inter alia the necessity to resume Yemen’s political transition process with the participation of all Yemeni parties in accordance with the Gulf Cooperation Council Initiative and its Implementation Mechanism and the outcomes of the comprehensive National Dialogue conference,
Reaffirming its strong commitment to the unity, sovereignty, independence and territorial integrity of Yemen, and its commitment to stand by the people of Yemen,
Condemning the growing number of and scale of the attacks by Al-Qaida in the Arabian Peninsula (AQAP),
Expressing concern at the ability of AQAP to benefit from the deterioration of the political and security situation in Yemen, mindful that any acts of terrorism are criminal and unjustifiable regardless of their motivation, whenever, wherever and by whomsoever committed,
Reiterating its support for the efforts of the Gulf Cooperation Council in assisting the political transition in Yemen and commending its engagement in this regard,
Reaffirming its support for the legitimacy of the President of Yemen, Abdo Rabbo Mansour Hadi, and reiterating its call to all parties and Member States to refrain from taking any actions that undermine the unity, sovereignty, independence and territorial integrity of Yemen, and the legitimacy of the President of Yemen,
Expressing grave alarm at the significant and rapid deterioration of the humanitarian situation in Yemen, and emphasizing that the humanitarian situation will continue to deteriorate in the absence of a political solution,
Recalling that arbitrary denial of humanitarian access and depriving civilians of objects indispensable to their survival, including wilfully impeding relief supply and access, may constitute a violation of international humanitarian law,
Emphasizing the need for the return to the implementation of the Gulf Cooperation Council Initiative and its Implementation Mechanism and the outcomes of the comprehensive National Dialogue conference, including drafting a new constitution, electoral reform, the holding of a referendum on the draft constitution and timely general elections, to avoid further deterioration of the humanitarian and security situation in Yemen,
Reaffirming its full support for, and commitment to, the efforts of the United Nations and the Special Adviser of the Secretary-General on Yemen, in particular to the UN-brokered negotiations, and its support for the efforts of the Group of Ambassadors in Sana’a,
Alarmed at the military escalation by the Houthis in many parts of Yemen including in the Governorates of Ta’iz, Marib, AlJauf, Albayda, their advance towards Aden, and their seizure of arms, including missile systems, from Yemen’s military and security institutions,
Condemning in the strongest terms the ongoing unilateral actions taken by the Houthis, and their failure to implement the demands in resolution 2201 (2015) to immediately and unconditionally withdraw their forces from government institutions, including in the capital Sana’a, normalize the security situation in the capital and other provinces, relinquish government and security institutions, and safely release all individuals under house arrest or arbitrarily detained, and reiterating its call on all non-State actors to withdraw from government institutions across Yemen and to refrain from any attempts to take over such institutions,
Deploring any attempt by the Houthis to take actions that are exclusively within the authority of the legitimate Government of Yemen, and noting that such actions are unacceptable,
Expressing alarm that such actions taken by the Houthis undermine the political transition process in Yemen, and jeopardize the security, stability, sovereignty and unity of Yemen,
Noting with concern the destabilizing actions taken by the former President of Yemen, Ali Abdullah Saleh, including supporting the Houthis’ actions, which continue to undermine the peace, security and stability of Yemen,
Welcoming the intention of the Gulf Cooperation Council to convene a conference in Riyadh, upon the request of the President of Yemen, with the participation of all Yemeni parties to further support the political transition in Yemen, and to complement and support the UN-brokered negotiations,
Recalling its resolution 2117 (2013) and expressing grave concern at the threat to peace and security in Yemen arising from the illicit transfer, destabilising accumulation and misuse of small arms and light weapons,
Recognizing that the continuing deterioration of the security situation and escalation of violence in Yemen poses an increasing and serious threat to neighbouring States and reaffirming its determination that the situation in Yemen constitutes a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Demands that all Yemeni parties, in particular the Houthis, fully implement resolution 2201 (2015), refrain from further unilateral actions that could undermine the political transition in Yemen, and further demands that the Houthis immediately and unconditionally:
(a) end the use of violence;
(b) withdraw their forces from all areas they have seized, including the capital Sana’a;
(c) relinquish all additional arms seized from military and security institutions, including missile systems;
(d) cease all actions that are exclusively within the authority of the legitimate Government of Yemen;
(e) refrain from any provocation or threats to neighbouring States, including through acquiring surface-surface missiles, and stockpiling weapons in any bordering territory of a neighbouring State;
(f) safely release Major-General Mahmoud al-Subaihi, the Minister of Defence of Yemen, all political prisoners, and all individuals under house arrest or arbitrarily detained; and
(g) end the recruitment and use of children and release all children from their ranks;
2. Requests the Secretary-General to report on the implementation of this resolution and resolution 2201 (2015), in particular paragraph 1 of this resolution, in 10 days from the adoption of this resolution; and in case of further
non-implementation, expresses its intent to consider designating additional individuals and entities who are engaged in or providing support for acts that threaten the peace, security or stability of Yemen, to be subject to the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014);
3. Decides that the individuals listed in the annex of this resolution shall be subject to the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014);
4. Reiterates the importance of the implementation of all measures imposed by resolution 2140 (2014), as extended in resolution 2204 (2015);
5. Calls upon all Yemeni parties, in particular the Houthis, to abide by the Gulf Cooperation Council Initiative and its Implementation Mechanism, the outcomes of the comprehensive National Dialogue conference, and the relevant Security Council resolutions and to resume and accelerate inclusive United Nations-brokered negotiations, including on issues relating to governance, to continue the political transition in order to reach a consensus solution and stresses the importance of full implementation of agreements reached and commitments made towards that goal and calls on the parties, in this regard, to agree on the conditions leading to an expeditious cessation of violence, in accordance with the United Nations Charter and relevant Security Council resolutions, including this resolution and resolution 2201 (2015);
6. Demands that all Yemeni parties adhere to resolving their differences through dialogue and consultation, reject acts of violence to achieve political goals, and refrain from provocation and all unilateral actions to undermine the political transition and stresses that all parties should take concrete steps to agree and implement a consensus-based political solution to Yemen’s crisis in accordance with the Gulf Cooperation Council Initiative and its Implementation Mechanism and the outcomes of the comprehensive National Dialogue conference;
7. Urges all Yemeni parties to respond positively to the request of the President of Yemen to attend a conference in Riyadh, under the auspices of the Gulf Cooperation Council, to further support the political transition in Yemen, and to complement and support the UN-brokered negotiations;
8. Calls on all parties to comply with their obligations under international law, including applicable international humanitarian law and human rights law;
9. Reaffirms, consistent with international humanitarian law, the need for all parties to ensure the safety of civilians, including those receiving assistance, as well as the need to ensure the security of humanitarian personnel and United Nations and its associated personnel, and urges all parties to facilitate the delivery of humanitarian assistance, as well as rapid, safe and unhindered access for humanitarian actors to reach people in need of humanitarian assistance, including medical assistance;
10. Calls on all parties to facilitate the evacuation by concerned States and international organizations of their civilians and personnel from Yemen and commends steps already taken in this regard;
11. Reaffirms the principle of the inviolability of diplomatic and consular premises and the obligations of host Governments, including under the 1961 Vienna Convention on Diplomatic Relations and under the 1963 Vienna Convention on Consular Relations, to take all appropriate steps to protect diplomatic and consular premises against any intrusion or damage, and to prevent any disturbance of the peace of these missions or impairment of their dignity;
12. Requests the Secretary-General to intensify his efforts in order to facilitate the delivery of humanitarian assistance and evacuation, including the establishment of humanitarian pauses, as appropriate, in coordination with the Government of Yemen, and calls on Yemeni parties to cooperate with the Secretary-General to deliver humanitarian aid to those in need;
13. Further requests the Secretary-General to intensify his good offices role in order to enable a resumption of a peaceful, inclusive, orderly and Yemeni-led political transition process that meets the legitimate demands and aspirations of the Yemeni people, including women, for peaceful change and meaningful political, economic and social reform, as set out in the Gulf Cooperation Council Initiative and Implementation Mechanism and the outcomes of the comprehensive National Dialogue conference, and stresses the importance of the United Nations’ close coordination with international partners, in particular the Gulf Cooperation Council, Group of Ambassadors in Sana’a, and other actors, in order to contribute to a successful transition;
Arms embargo
14. Decides that all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to, or for the benefit of Ali Abdullah Saleh, Abdullah Yahya Al Hakim, Abd Al-Khaliq Al-Huthi, and the individuals and entities designated by the Committee established pursuant to paragraph 19 of resolution 2140 (2014) (hereinafter referred to as “the Committee”) pursuant to paragraph 20 (d) of this resolution, the individuals and entities listed in the annex of this resolution, and those acting on their behalf or at their direction in Yemen, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories;
15. Calls upon Member States, in particular States neighbouring Yemen, to inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to Yemen, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, or transfer of which is prohibited by paragraph 14 of this resolution for the purpose of ensuring strict implementation of those provisions;
16. Decides to authorize all Member States to, and that all Member States shall, upon discovery of items the supply, sale, or transfer of which is prohibited by paragraph 14 of this resolution, seize and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) of such items and decides further that all Member States shall cooperate in such efforts;
17. Requires any Member State when it undertakes an inspection pursuant to paragraph 15 of this resolution, to submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided, and, if prohibited items for supply, sale, or transfer are found, further requires such Member States to submit to the Committee within 30 days a subsequent written report containing relevant details on the inspection, seizure, and disposal, and relevant details of the transfer, including a description of the items, their origin and intended destination, if this information is not in the initial report;
Additional designation criteria
18. Reaffirms the designation criteria set out in paragraph 17 of resolution 2140 (2014), the measures imposed by paragraphs 11 and 15 of the same and stresses the importance of their full implementation;
19. Reaffirms paragraph 18 of resolution 2140 (2014), and underscores that acts that threaten the peace, security, or stability of Yemen may also include the violations of the arms embargo imposed by paragraph 14 or obstructing the delivery of humanitarian assistance to Yemen or access to, or distribution of, humanitarian assistance in Yemen;
Mandate of the Sanctions Committee
20. Decides that the Committee established pursuant to paragraph 19 of resolution 2140 (2014) shall also undertake the following tasks:
(a) monitoring implementation of the measures imposed in paragraph 14 of this resolution;
(b) seeking from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed by paragraph 14 above;
(c) examining and taking appropriate action on information regarding alleged non-compliance with the measures contained by this resolution;
(d) designating as may be necessary additional individuals and entities subject to the measures imposed by paragraph 14 above;
Mandate of the Panel of Experts
21. Decides that the mandate of the Panel of Experts established pursuant to paragraph 21 of resolution 2140 (2014) and renewed by resolution 2204 (2015) shall also include monitoring implementation of the measures imposed by paragraph 14;
22. Requests the Secretary-General, having due regard for the increased mandate of the Panel of Experts, to increase the Panel to five members, and make the necessary financial and security arrangements to support the work of the Panel;
23. Calls upon the Panel of Experts to cooperate actively with other Panels or Groups of Experts established by the Security Council, including the 1267 Monitoring Team, as relevant to the implementation of their mandate;
Commitment to review
24. Reaffirms its readiness to take further measures in case of
non-implementation by any Yemeni party of this resolution and resolution 2201 (2015);
25. Decides to remain actively seized of the matter.
Annex
1. Abdulmalik al-Houthi
Abdul Malik al Houthi is a leader of a group that has engaged in acts that threaten the peace, security, or stability of Yemen.
In September 2014, Houthi forces captured Sanaa and in January 2015 they attempted to unilaterally replace the legitimate government of Yemen with an illegitimate governing authority that the Houthis dominated. Al-Houthi assumed the leadership of Yemen’s Houthi movement in 2004 after the death of his brother, Hussein Badredden al-Houthi. As leader of the group, al-Houthi has repeatedly threatened Yemeni authorities with further unrest if they do not respond to his demands and detained President Hadi, Prime Minister, and key cabinet members. Hadi subsequently escaped to Aden. The Houthis then launched another offensive towards Aden assisted by military units loyal to former president Saleh and his son, Ahmed Ali Saleh.
2. Ahmed Ali Abdullah Saleh
Ahmed Ali Saleh has engaged in acts that threaten the peace, security, and stability of Yemen.
Ahmed Ali Saleh has been working to undermine President Hadi’s authority, thwart Hadi’s attempts to reform the military, and hinder Yemen’s peaceful transition to democracy. Saleh played a key role in facilitating the Houthi military expansion. As of mid-February 2013, Ahmed Ali Saleh had issued thousands of new rifles to Republican Guard brigades and unidentified tribal shaykhs. The weapons were originally procured in 2010 and reserved to purchase the loyalties of the recipients for political gain at a later date.
After Saleh’s father, former Republic of Yemen President Ali Abdullah Saleh, stepped down as President of Yemen in 2011, Ahmed Ali Saleh retained his post as commander of Yemen’s Republican Guard. A little over a year later, Saleh was dismissed by President Hadi but he retained significant influence within the Yemeni military, even after he was removed from command. Ali Abdullah Saleh was designated by the UN under UNSCR 2140 in November 2014.
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