VIETNAM UNDECIDED ON SOMALI PIRACY RESOLUTION,

C O N F I D E N T I A L HANOI 001363

SENSITIVE
SIPDIS

DEPARTMENT FOR L, IO/UNP, NEA/IPA, AND EAP/MLS

E.O. 12958: DECL: 12/16/2018
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW VM
SUBJECT: VIETNAM UNDECIDED ON SOMALI PIRACY RESOLUTION,
DETAILS CONCERNS

REF: HANOI 1359

Classified By: Ambassador Michael Michalak. Reasons 1.4 (b/d)


1. (C) While not completely satisfied with the current
UNSC Resolution on Somali Piracy, Vietnam acknowledges that
the version currently "in blue" goes some way to address
Vietnam's concerns. In a follow-up to the Ambassador's
December 15 conversation with VFM Pham Binh Minh (reftel),
in which the Ambassador strongly urged Vietnam to support
the resolution, MFA IO official To Anh Tuan Tuan told
Deputy PolCouns that Vietnam would "not oppose" the
resolution, provided Somalia and a majority of UNSC members
also expressed support. Asked specifically if this meant
that Vietnam would likely abstain, Tuan stressed that a
final decision had not been made, but that his government
now viewed the resolution "more positively" than before.
Tuan emphasized several times that Vietnam strongly
supports international cooperation in the fight against
piracy.


2. (C) Explaining Vietnam's reservations, Tuan insisted,
first, that the Somali case was unique and should not be
seen as a precedent. Second and more broadly, Tuan said
that Vietnam was concerned about the "legal framework" of
the resolution, noting that the final paragraph of the
preamble, as in previous resolutions, was careful to note
that incidents of piracy "exacerbate" the situation in
Somalia, which continues to constitute a threat to
international peace and security in the region. Tuan said
that Vietnam's view was that it was the overall situation
in Somalia that constitutes the threat, not the piracy
itself. For that reason, Vietnam was concerned that the
authorities given in this resolution were too expansive.


3. (C) Finally, Tuan reported that Vietnam considers there
to be an important distinction between the "status" of
interventions on land and on sea, and for that reason
wanted a reference to "international law" inserted in
operative paragraph six (formerly OP4). Asked to clarify,
Tuan insisted that interventions on land involve sensitive
issues of "national sovereignty" and therefore any actions
taken under the resolution should bQ"consistent with
international law." DPolCouns emphasized that such
concerns should be assuaged by language explicitly
acknowledging the primary role of the Transitional Federal
Government (TFG),which would provide advance notification
to the Security Council of which states and regional
organizations were authorized to take action. Tuan
conceded that changes to OP6 "to some extent" meet
Vietnam's concerns, noting in particular language stressing
the central role of the TFG and the need to cooperate with
it, as well as changes that refer to "applicable
international humanitarian and human rights law." Moving
away from the more technical discussion, DPolCouns
emphasized the larger political context of the resolution,
emphasizing that this was a measure that is urgently
needed, as the Secretary would make plain when she speaks
at the UN December 16.


4. (C) Embassy made repeated efforts to contact VFM Minh
again, but was unable to arrange a conversation. We
stand ready to pursue this further, as necessary,
following the December 16 Ministerial.
MICHALAK