United Nations Security Council Resolution 2564 – The situation in the Middle EastLetter from the President of the Council on the voting outcome (S/2021/189) and voting details (S/2021/194)
Resolution 2564 (2021)
The Security Council,
Recalling all its previous relevant resolutions and statements of its President concerning Yemen,
Reaffirming its strong commitment to the unity, sovereignty, independence, and territorial integrity of Yemen,
Strongly condemning the ongoing escalation in Marib, Yemen, including the Houthi operation on 7 February 2021, and the continuation of Houthi attacks on Saudi Arabia, including on Abha International Airport, on 10 February 2021, and calling for an immediate cessation of attacks without preconditions,
Stressing the need for de-escalation across Yemen and a nationwide ceasefire, and calling for implementation of the Secretary General’s Global Ceasefire call as detailed in resolution 2532 (2020), as well as his 25 March 2020 call for an immediate cessation of hostilities in Yemen,
Expressing concern at the ongoing political, security, economic and humanitarian challenges in Yemen, including the ongoing violence and enforced disappearances, and threats arising from the illicit transfer, diversion, destabilising accumulation, and misuse of weapons,
Emphasising the environmental and humanitarian risk and the need, without delay, for access of UN officials to inspect and maintain the Safer oil tanker, which is located in the Houthi-controlled North of Yemen, and stressing Houthi responsibility for the situation and for not responding to this major environmental and humanitarian risk, and underscoring the need for the Houthis to urgently facilitate unconditional and safe access for United Nations experts to conduct an assessment and repair mission without further delay, ensuring close cooperation with the United Nations,
Reiterating its call for all parties in Yemen to adhere to resolving their differences through dialogue and consultation, reject acts of violence to achieve political goals, and refrain from provocation,
Reaffirming the need for all parties to comply with their obligations under international law, including international humanitarian law and international human rights law as applicable, and underlining the need to ensure accountability for violations of international humanitarian law and violations and abuses of human rights in Yemen,
Expressing its support for and commitment to the work of the Special Envoy of the Secretary-General for Yemen in support of the Yemeni transition process, and an inclusive Yemeni-led and Yemeni-owned political process, under UN auspices, with the full effective, and meaningful participation of women, and affirming the equality of the sexes and the need for full implementation of Yemen’s National Action Plan in accordance with resolution 1325 (2000),
Welcoming the formation of the new cabinet of Yemen’s government, under the provisions of the Riyadh Agreement, calling for the full implementation of the Riyadh Agreement, and expressing support for the cabinet’s participation in the political process and calling for the swift resumption of talks between the parties, in full engagement with UN mediation efforts,
Expressing its alarm that areas of Yemen remain under the control of Al-Qaida in the Arabian Peninsula (AQAP) and about the negative impact of their presence, violent extremist ideology and actions on stability in Yemen, the Middle East region, and the Horn of Africa, including the devastating humanitarian impact on the civilian populations, expressing concern at the increasing presence and future potential growth of the Islamic State in Iraq and Levant (ISIL, also known as Da’esh) affiliates in Yemen, and reaffirming its resolve to address all aspects of the threat posed by AQAP, ISIL (Da’esh), and all other associated individuals, groups, undertakings and entities,
Recalling the listing of AQAP and associated individuals on the ISIL (Da’esh) and Al-Qaida Sanctions List and stressing in this regard the need for robust implementation of the measures in paragraph 1 of resolution 2368 (2017) as a significant tool in combating terrorist activity in Yemen,
Noting the critical importance of effective implementation of the sanctions regime imposed pursuant to resolution 2140 (2014) and resolution 2216 (2015), including the key role that Member States from the region can play in this regard,
Encouraging efforts to further enhance cooperation,
Condemning in the strongest terms the attack on Aden airport on 30 December 2020, which killed twenty-seven innocent civilians, including a Yemeni Deputy Minister and three humanitarian and health personnel, and noting the planned Panel of Expert reporting on the Aden attack,
Welcoming the work of the Panel of Experts on Yemen, established pursuant to resolution 2140 (2014), and which overcame the logistical challenges posed by Covid-19,
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,
Recalling the provisions of paragraph 14 of resolution 2216 (2015) imposing a targeted arms embargo, and calling on all Member States and other actors to comply with their obligations under the targeted arms embargo,
Condemning the increasing number of incidents off the coast of Yemen, including attacks on civilian and commercial ships, and expressing concern over maritime smuggling of arms and related materials into and out of Yemen in violation of the targeted arms embargo, which pose a significant risk to the maritime security of vessels in the Gulf of Aden and Red Sea along the coast of Yemen,
Condemning in the strongest terms violations of International Humanitarian Law and International Human Rights Law, as well as human rights abuses, including those involving conflict-related sexual violence in Houthi-controlled areas and recruitment and use of children in armed conflict across Yemen, as recorded in the Panel of Experts’ final report (S/2021/79),
Expressing alarm over the obstacles that have been imposed on the work and access of the Panel of Experts during the course of its last mandate,
Expressing serious concern at the devastating humanitarian situation in Yemen, including the growing risk of large-scale famine and the negative consequences of the COVID-19 pandemic, and all instances of undue hindrances to the effective delivery of humanitarian assistance, including the recent interference in aid operations in Houthi-controlled areas as well as obstacles and the undue limitations on the delivery of vital goods to the civilian population occurring throughout Yemen, which is preventing vulnerable people from receiving the assistance they need to survive,
Emphasising the necessity of discussion by the Committee established pursuant to paragraph 19 of resolution 2140 (2014) (“the Committee”) of the recommendations contained in the Panel of Experts reports,
Determining that the situation in Yemen continues to constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
- Reaffirms the need for the full and timely implementation of the political transition following the comprehensive National Dialogue Conference, in line with the Gulf Cooperation Council Initiative and Implementation Mechanism, and in accordance with its previous relevant resolutions, and with regard to the expectations of the Yemeni people;
2. Decides to renew until 28 February 2022 the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014), reaffirms the provisions of paragraphs 12, 13, 14 and 16 of resolution 2140 (2014), and further reaffirms the provisions of paragraphs 14 to 17 of resolution 2216 (2015);
3. Decides that the individual listed in the annex of this resolution shall be subject to the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014)and paragraph 14 of resolution 2216 (2015);
4. Emphasising the importance of facilitating humanitarian assistance, reaffirms its decision that the Committee established in paragraph 19 of resolution 2140 (2014) (hereafter, the “Committee”) may, on a case-by-case basis, exempt any activity from the sanctions measures imposed by the Security Council in resolutions 2140 (2014) and 2216 (2015) if the Committee determines that such an exemption is necessary to facilitate the work of the United Nations and other humanitarian organisations in Yemen or for any other purpose consistent with the objectives of these resolutions;
5. Encourages Member States to support capacity building efforts of the Yemeni Coast Guard to effectively implement the measures imposed by paragraph 14 of resolution 2216 (2015), with full respect for the sovereignty and territorial integrity of Yemen;
Designation Criteria
6. Reaffirms that the provisions of paragraphs 11 and 15 of resolution 2140 (2014) and paragraph 14 of resolution 2216 (2015) shall apply to individuals or entities designated by the Committee, or listed in the annex to resolution 2216 (2015)as engaging in or providing support for acts that threaten the peace, security or stability of Yemen;
7. Reaffirms the designation criteria set out in paragraph 17 of resolution 2140 (2014) and paragraph 19 of resolution 2216 (2015);
8. Affirms that sexual violence in armed conflict, or the recruitment or use of children in armed conflict in violation of international law, could constitute an act, as specified in paragraph 18 (c) of resolution 2140 (2014), and therefore a sanctionable act of engaging in or providing support for acts that threaten the peace, security or stability of Yemen, as described in paragraph 17 of that resolution;
Reporting
9. Decides to extend until 28 March 2022 the mandate of the Panel of Experts as set out in paragraph 21 of resolution 2140 (2014), and paragraph 21 of resolution 2216 (2015), expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 28 February 2022, and requests the Secretary-General to take the necessary administrative measures as expeditiously a s possible to re-establish the Panel of Experts, in consultation with the Committee until 28 March 2022 drawing, as appropriate, on the expertise of the members of the Panel established pursuant to resolution 2140 (2014);
10. Requests the Panel of Experts to provide a mid-term update to the Committee no later than 28 July 2021, and a final report no later than 28 January 2022 to the Security Council, after discussion with the Committee, and also that they include information, as appropriate, inter alia about the recent trend in the illicit transfer and diversion of conventional weapons and about the commercially available components which have been used by individuals or entities designated by the Committee to assemble unmanned aerial vehicles, water-borne improvised explosive devices, and other weapon systems, and bearing in mind that this request should not have an adverse impact on humanitarian assistance or legitimate commercial activities;
11. Directs the Panel to cooperate with other relevant expert groups established by the Security Council to support the work of its Sanctions Committees, in particular the Analytical Support and Sanctions Monitoring Team established by resolution 1526 (2004) and extended by resolution 2368 (2017);
12. Urges all parties and all Member States, as well as international, regional and subregional organisations to ensure cooperation with the Panel of Experts, and further urges all Member States involved to ensure the safety of the members of the Panel of Experts and unhindered access, in particular to persons, documents and sites, in order for the Panel of Experts to execute its mandate;
13. Emphasises the importance of holding consultations with concerned Member States, as may be necessary, in order to ensure full implementation of the measures set forth in this resolution;
14. Recalls the Informal Working Group on General Issues of Sanctions report (S/2006/997) on best practices and methods, including paragraphs 21, 22 and 23 that discuss possible steps for clarifying methodological standards for monitoring mechanisms;
15. Reaffirms its intention to keep the situation in Yemen under continuous review and its readiness to review the appropriateness of the measures contained in this resolution, including the strengthening, modification, suspension o r lifting of the measures, as may be needed at any time in light of developments;
16. Decides to remain actively seized of the matter.
Adopted by the Security Council on 25 February 2021.
