SOMALIA: INSTRUCTIONS ON TABLING OUR RESOLUTION

UNCLAS STATE 129528 SIPDIS E.O. 12958: N/A TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW SUBJECT: SOMALIA: INSTRUCTIONS ON TABLING OUR RESOLUTION ON SOMALIA PIRACY ¶1. Action Request: USUN is instructed to circulate the draft resolution on Somali piracy (paragraph 3) to our P3 partners upon receipt of this message and report responses to the Department. After having shared the draft with the P3, USUN should table the resolution to the rest of the Council NLT COB on Wednesday, December 10. Info addressees can draw from the information in paragraph 2 in responding to inquiries from host countries about the ministerial. ¶2. Background: On December 16 the UN Security Council will host a ministerial open debate on Somalia piracy. Croatia as Council President for December will chair the meeting, which is being held at the request of the United States. Secretary Rice will be representing the USG at the Council. Official invitations will be coming from the Croatian Mission in New York to UN Security Council members only. However, since this is an open debate, any member state of the United Nations can address the Council on the issue. If info addressees discover their countries will be represented above the level of New York PermRep, please notify Joseph FitzGerald in IO/UNP (202-647-2641 or fitzgeraldjj@state.sgov.gov) with any relevant information. ¶3. Begin text for resolution on Somalia piracy: The Security Council, (1) Recalling its previous resolution concerning the situation in Somalia, especially resolutions 1814 (2008), 1816 (2008),1838 (2008),1844 (2008),and 1846 (2008), (2) Continuing to be gravely concerned by the dramatic increase in the incidents of piracy and armed robbery at sea off the coast of Somalia in the last six months, and noting that pirate attacks off the coast of Somalia have become more sophisticated and daring and have expanded in their geographic scope, notably evidenced by the hijacking of the M/V Sirius Star 500 nautical miles off the coast of Kenya and subsequent unsuccessful attempts well east of Tanzania, (3) Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, including Somalia's rights with respect to offshore natural resources, including fisheries, in accordance with international law, (4) Again taking into account the crisis situation in Somalia, and the lack of capacity of the Transitional Federal Government (TFG) to interdict, or upon interdiction to prosecute pirates or to patrol and secure the waters off the coast of Somalia, including the international sea lanes and Somalia's territorial waters, (5) Noting the several requests from the TFG for international assistance to counter piracy off its coast, including (the most recent letter of that requests the international community to assist the TFG in battling the scourge of piracy on its shores as well as on the sea, and) the 1 September 2008 letter from the President of Somalia to the Secretary-General of the UN expressing the appreciation of the TFG to the Security Council for its assistance and expressing the TFG's willingness to consider working with other States and regional organizations to combat piracy and armed robbery off the coast of Somalia, (6) Welcoming the launching of the EU operation Atalanta to combat piracy off the coasts of Somalia and to escort humanitarian ships bound for Somalia, as well as the efforts by the North Atlantic Treaty Organization, and other States acting in a national capacity in cooperation with the TFG to suppress piracy off the Somali coast, (7) Also welcoming the recent initiatives of the Governments of Egypt, Kenya, and the United States of America, and the Secretary-General's Special Representative for Somalia, to achieve effective measures to remedy the causes, capabilities, and incidents of piracy and armed robbery off the coast of Somalia, and emphasizing the need for current and future counter-piracy operations to effectively coordinate their activities, (8) Noting with concern that the lack of capacity, domestic legislation, and clarity about how to dispose of pirates after their capture, has hindered more robust international action against the pirates and in some cases led to pirates being released without facing justice, and reiterating that the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA) is one existing legal mechanism that can be used to prosecute pirates immediately, (9) Welcoming the report of the Monitoring Group on Somalia of 20 November 2008 (2/2008/(),and noting the role piracy may play in financing embargo violations by armed groups, (10) Determining that the incidents of piracy and armed robbery in the waters off the coast of Somalia exacerbate the situation in Somalia, which continues to constitute a threat to international peace and security in the region, (11) Acting under Chapter VII of the Charter of the United Nations, ¶1. Reiterates that it condemns and deplores all acts of piracy and armed robbery against vessels in waters off the coast of Somalia; ¶2. Calls upon States and regional organizations that have the capacity to do so, to take part actively in the fight against piracy and armed robbery off the coast of Somalia, in particular, consistent with this resolution, resolution 1846 (2008),and international law, by deploying naval vessels and military aircraft, by embarking shipriders from countries willing to take custody of pirates, and through seizure and disposition of boats, vessels, arms and other related equipment used in the commission of piracy and armed robbery off the coast of Somalia, or for which there are reasonable grounds for suspecting such use, and by actively interdicting arms trafficking in accordance with their capabilities and by sharing any information in relation to weapons seizure with the Monitoring Group; ¶3. Encourages all States and regional organizations battling piracy off the coast of Somalia to establish an international cooperation mechanism to act as a common point of contact between and among states on all aspects of combating piracy off Somalia's coast; creating a center in the region to coordinate information relevant to piracy off the coast of Somalia; and by sharing in the gathering and analysis of financial information relevant to the financing of piratical acts, the payment of ransom, and the downstream use of such payments; ¶4. Decides that for a period of twelve months from the date of adoption of resolution 1846, States and regional organizations cooperating with the TFG in the fight against piracy and armed robbery at sea off the coast of Somalia, for which notification has been provided by the TFG to the Secretary-General, may take all necessary measures ashore in Somalia, including in its airspace, to interdict those who are using Somali territory to plan, facilitate or undertake acts of piracy and armed robbery at sea and to otherwise prevent those activities; ¶5. Welcomes the communiqu issued by the International Conference on Piracy around Somalia held in Nairobi, Kenya, on 11 December 2008 (S/2008/XXX),which urged the provision of necessary technical support to all regional states most directly affected by piracy and called upon regional and international organizations to cooperate with these countries in developing capacities to combat this scourge, and requests the Secretary-General to submit a report to the Security Council, within 45 days from the date of adoption of this resolution, to identify the nature and scope of international assistance needed to enhance the capacities of relevant states in the region, in particular in connection with the arrest, detention, prosecution and fair trial of persons accused of being involved in piracy or armed robbery at sea, and to make proposals in this regard with respect to the negotiation of agreements between the United Nations and one or more such relevant states in the region, ¶6. Notes with concern the findings contained in the 20 November 2008 report of the Monitoring Group on Somalia that escalating ransom payments are fueling the growth of piracy in waters off the coast of Somalia, and that the lack of enforcement of the arms embargo established by resolution 733 (1992) has permitted ready access to the arms and ammunition used by the pirates and driven in part the phenomenal growth in piracy, and discourages the payment of such ransoms; ¶7. Recalls its decision in paragraph 8 of resolution 1844 (2008) and in that regard affirms that engaging in acts of piracy or armed robbery at sea off the coast of Somalia threaten the security and stability of Somalia; ¶8. Affirms that the authorization provided in this resolution apply only with respect to the situation in Somalia and shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations under the Convention, with respect to any other situation, and underscores in particular that this resolution shall not be considered as establishing customary international law; ¶9. Decides that the measures imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 or resolution 1425 (2002) shall not apply to deliveries of weapons and military equipment intended solely for the purposes set out in paragraph 4 of this resolution; ¶10. Urges States in collaboration with the shipping and insurance industries, and the IMO to continue to develop avoidance, evasion, and defensive best practices and advisories to take when under attack or when sailing in waters off the coast of Somalia, and urges States to make their citizens and vessels available for forensic investigation at the first port of call immediately following an act or attempted act of piracy or release from captivity; ¶11. Decides to remain seized of the matter. RICE