DEMARCHE: COUNTER-PIRACY COOPERATION

UNCLAS STATE 124034 SIPDIS E.O. 12958: N/A TAGS: EWWT MOPS PHSA PREL XA XW SO DJ SUBJECT: DEMARCHE: COUNTER-PIRACY COOPERATION SUMMARY -------------- ¶1. This is an action request. Please see paragraph 2. OBJECTIVES -------------- ¶2. Department requests Post initiate discussion with the Government of Djibouti (GOD) on deepening cooperation with the United States to counter piracy in the Gulf of Aden and off the coast of Somalia. Post is requested to pursue the following objectives: -- Express appreciation for strong U.S.-Djiboutian cooperation on maritime security and in the continued operation of Camp Lemonier. -- Note that piracy directly impacts regional trade and security and the operation of Djibouti's newly expanded port facility, constraining Djibouti's ability to develop its full potential as a maritime commercial hub for the western Indian Ocean region. -- Assess GOD willingness to expand bilateral cooperation with the United States to strengthen Djiboutian maritime operational and judicial capacities. -- Ask the GOD for information on other donor assistance for developing judicial capacities and supporting maritime operations or capacity development. -- Note that Djibouti could play a key role in combating piracy in the Horn of Africa by prosecuting suspected pirates. -- Stress that an effective method to deal with captured pirates (PUCs) is a key element of a strategy to combat piracy. Progress in addressing this need would help create the conditions to more effectively combat piracy through increased patrols and willingness to detain pirates. -- Inquire into GOD willingness to support implementation of UN Security Council Resolutions 1816 and 1838 and international counterpiracy operations, especially by prosecuting piracy suspects detained in counterpiracy operations in international waters in the Gulf of Aden or in waters off the coast of Somalia. -- Draw Djibouti's attention to articles 7 and 8 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA),to which it is already party. SUA obliges coastal State Parties to accept custody of persons suspected of committing offenses under SUA, including pirates, unless they can articulate why the Convention is not applicable. Once a suspect is delivered, the receiving State has a further obligation to conduct an immediate inquiry into the case, to notify other states that might have jurisdiction, and subsequently (if warranted) to either extradite the suspect to another SUA State Party or submit the case to its own authorities for purpose of prosecution. Note that that the Convention provides an existing framework for the disposition of interdicted pirates in the region. In addition, victim flag and crew States outside the region may be in a position to extradite under SUA if Djibouti and other regional States are willing to receive pirate defendants ashor e. Under SUA, the United States would like to deliver piracy suspects captured in Horn of Africa counterpiracy operations to Djibouti and other States affected by piracy for detention and/or prosecution and incarceration. If piracy suspects were captured in a case involving American citizens or a U.S.-flagged or owned vessel, we would confer with our Department of Justice to determine whether the United States would take jurisdiction over the case. BACKGROUND -------------- ¶3. The growth of piracy in the Gulf of Aden and in waters off the coast of Somalia has emerged as a serious threat to international commerce, the safety of mariners, and the delivery of humanitarian assistance to Somalia. Pirate attacks in these waters have more than doubled since 2007. Pirates are now receiving million-dollar ransoms for hijacked vessels and are becoming more aggressive and assertive at sea. ¶4. Funds generated from ransoms may be contributing to conflict and supporting continued instability in Somalia. Piracy is also threatening the fragile delivery of humanitarian assistance to Somalia, as commercial vessel operators have refused to deliver World Food Program (WFP) commodities to Mogadishu without naval escorts to deter piracy. ¶5. Djibouti has not previously prosecuted Somali piracy suspects arrested by the United States, but there is a regional precedent for such cooperation. On November 18, Kenya took into custody eight suspected pirates captured in the Gulf of Aden by British naval forces on November 11. In January 2006, the USS Winston Churchill captured 10 Somali pirates who attacked the M/V DELTA RANGER and who had also hijacked the cargo dhow SAFINA AL BISARAT several days earlier. A disposition agreement was negotiated between the United States and Kenya within 48 hours and the suspects were brought to Mombasa several days later. In October 2006, the pirates were convicted and sentenced to seven years in Kenyan prison. ¶6. UN Security Council Resolution 1816 calls for international cooperation in combating piracy and armed robbery at sea in waters off the coast of Somalia, and provides authorization for countries cooperating with Somalia's Transitional Federal Government to enter Somali territorial waters and to use all necessary means to repress piracy and armed robbery at sea. Resolution 1838 also calls for international cooperation in combating piracy and armed robbery at sea in waters off Somalia. REPORTING DEADLINE -------------- ¶7. Department greatly appreciates Post's continued support and assistance. Department requests action addressee report on results of efforts by front-channel cable slugged for AF/RSA Jun Bando, AF/RSA Col. Michael Skardon, and AF/E William Schofield by Friday December 5. DEPARTMENT POINTS OF CONTACT -------------- ¶8. Please contact AF/RSA Jun Bando at (202) 647-5781, AF/RSA Col. Michael Skardon at (202) 647-7371, or AF/E William Schofield at (202) 647-5082 or via e-mail for any necessary further background information or argumentation to meet demarche objectives. RICE