SOMALIA-- DRAFT ELEMENTS FOR POSSIBLE UNSCR ON

C O N F I D E N T I A L STATE 031432

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/04/2018
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALIA-- DRAFT ELEMENTS FOR POSSIBLE UNSCR ON
SOMALIA PIRACY

REFS: (A) LONDON 626
(B) PARIS 362
(C) STATE 18101

Classified By: IO PDAS James B. Warlick, for reasons 1.4
(b) and (d).


1. (SBU) This is an action request for USUN, Embassy
London, Paris, and Panama City. See paragraphs 2 and 3.


2. USUN is instructed to provide to its British, French
and Panamanian counterparts draft elements of a UN
Security Council Resolution (paragraph 12) to combat
piracy off the Somali coast. USUN may draw on the
background and talking points in paragraphs 4 through 11
in its consultations. USUN should inform the British that
the Panamanians have indicated to us that they may be
prepared to take the lead on the anti-piracy resolution.
Given the UK's traditional leadership on Somalia issues in
the Council, USUN should determine if this is acceptable
to them.


3. Embassies London, Paris and Panama City may also draw
from the following to respond to concerns expressed in
Refs A and B and to Panamanian interest in the topic
expressed during UN Security Council consultations in
Panama City with IO PDAS Jim Warlick.

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Background
--------------


4. (U) Over the last few years there has been a sharp
increase in incidents of piracy off the Somali coast.
According to the International Chamber of Commerce's (ICC)
International Maritime Bureau (IMB) acts of piracy off the
Somali coast increased from 2 in 2004 to 31 in 2007 (only
10 in 2006). The Transitional Federal Government (TFG)
does not have the capacity to protect vessels off its
coasts or to interdict pirates and perpetrators of vessel
hijackings in Somali territorial waters. On October 20,
2007, the TFG provided the United States Government with a
letter granting it permission to enter Somali territorial
waters to protect shipping lanes and interdict
pirates. The TFG provided similar authorizations to other
countries. The United States and its partners in the
Combined Task Force (CTF)-150 operating in the area have
responded to distress calls sent out from commercial
and fishing vessels when attacked by pirates off the coast
of Somalia. The French and other EU nations have also
provided naval escorts for World Food Program vessels
carrying humanitarian supplies to Somalia.


5. (SBU) The United States believes, however, that more
needs to be done to address the problem of piracy off the
Somali coast. On February 22, the Department sent an
ALDAC demarche request (Ref C) asking posts to approach
host governments to determine if they were interested in
helping on the issue, what they could do, and what they
would need in terms of authorization from the UNSC. The
overwhelming majority of responses received to date were
positive. Most governments would like to see the
international community do more to stop piracy off the
Somali coast; however, most do not have the capacity to
help in the efforts themselves. Many noted that any
international efforts must be in line with international
law and with the permission of the TFG. On February 27,
the Somalia Permanent Mission to the United Nations in New
York wrote to the President of the Security Council
requesting the "urgent assistance of the Security Council
in securing the international and territorial
waters off the coast of Somalia for the safe conduct of
shipping and navigation."


6. (SBU) Some states view a request for assistance from
the TFG as sufficient legal basis to conduct operations in
Somali territorial waters. However, given the TFG's
temporary nature and its lack of recognition among some
nations, other states believe further international legal
authority is required to conduct operations in
Somali territorial waters. To address such concerns and
permit more states to participate in counter-piracy
efforts, a resolution under Chapter VII of the UN Charter
could authorize states to enter Somali waters to act to
repress piracy and armed robbery at sea.


7. (SBU) In April 2008, the International Maritime
Organization (IMO) will sponsor an East Africa, Southwest
Indian Ocean regional conference on piracy, in Dar es
Salaam, Tanzania. The purpose of the conference is for
interested countries to produce an agreement to address
piracy in the region. Moreover, UN members we have
approached to date have indicated varying degrees of
agreement that the UN needs to pave the way for an
international response to address this problem. Absent
from these efforts, however, is any apparent activity or
recognition of the problem by the African Union (AU).
Parallel with these international and regional efforts,
therefore, we believe the P3 and others should urge the AU
to take up the issue with a view to adopting its own
resolution acknowledging the problems to push other states
to provide disposition and calling for international
logistics assistance to deal with persons under control
(PUCs),including victims, witnesses and suspected
pirates, obtained during counter-piracy operations.

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UNSC Strategy
--------------


8. (C) The responses to the February 22 demarche (Ref C)
may be useful in helping to develop a strategy for
securing UNSC support for a Chapter VII resolution. Per
Ref A, the UK raised several substantive concerns about a
UNSC resolution, including: (1) whether a resolution was
needed at all, or whether states interested in helping
could reach bilateral agreements with the TFG to authorize
their operations in Somali waters; (2) what naval assets
would do in Somali waters; and (3) the legal grounds for
the envisioned operations and the applicable rules of
engagement. Although, the French supported the UNSC
resolution in principle (Ref B),they also saw a need for
clearly establishing the legal basis for any resulting
operation and the responsibilities of, and limitations
placed on, participating countries. Further, France
feared a UNSC resolution could hamper the program it
initiated last November to protect WFP ships.


9. (C) Other key responses to Ref C included:

UNSC MEMBERS
-- China would "respond positively" if the TFG requested
assistance, noting that China has fallen victim to Somali
pirates;

-- Indonesia stated that it takes the issue very seriously
and would consult with its mission in New York (Note the
ICC-IMB states that Indonesia led the world in piracy
attacks occurring in its waters in 2007 with 43 attacks);

-- Burkina Faso said it would welcome discussion of the
issue;

-- Vietnam said any anti-piracy resolutions should be
conducted in accordance with international law and with
respect for the TFG's territorial sovereignty, but it
would work with the United States on the issue in a
positive and constructive way;

-- Panama indicated interest in a resolution in
discussions in New York and told IO PDAS during
consultations in Panama City that they would consider
taking the lead on the issue;

OTHERS
--------------

-- Spain was very interested in a resolution and said it
would be willing to help demarche UNSC members if
necessary;

-- Uganda was supportive, arguing that the piracy issue
was fueling the illegal arms trade and endangering their
peacekeepers in Somalia;

-- Djibouti and Yemen were interested in the resolution
due to their proximity to Somalia; and

-- Korea expressed concerns to the Department about piracy
in Somali waters.

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TALKING POINTS
--------------


10. (U) USUN and posts may draw from the following
talking points when consulting with their British, French,
and Panamanian interlocutors. USUN may also want to share
these points with the Panamanian mission so they know how
to respond to British and French objections.

BEGIN POINTS:

-- The United States remains deeply concerned about acts
of piracy and armed robbery occurring in territorial and
international waters off the Somali coast. Incidents of
piracy and armed robbery have increased dramatically over
the last few years. The IMO reports that in 2007, there
were 102 incidents of piracy off East Africa and in the
Indian Ocean. The International Chamber of Commerce's
International Maritime Bureau states that 31 acts of
piracy occurred off the Somali coast in 2007. Flag states
of affected vessels included Panama, China, Japan, Korea,
Denmark and others. No commercial vessel operating near
the Somali Coast is safe from these acts.

-- Waters off the coasts of Somalia are some of the most
heavily trafficked seas in the world. The pirates and
hijackers pose an increasing threat to safety of life at
sea, international trade and navigation.

-- The TFG does not have the capacity to protect naval
vessels in its territorial waters and on February 27
submitted a letter to the UNSC requesting assistance in
combating the pirates.

-- In their recent Assembly, the International Maritime
Organization (IMO) passed a resolution urging the Security
Council to address the problem. On July 5, IMO Secretary
General Mitropoulos wrote the UN Secretary General stressing
the need for a Security Council resolution to address the
issue of piracy and armed robbery off the coast of Somalia.

-- In parallel with efforts at the UN and the efforts of
the IMO to establish a regional agreement to address the
problem, we believe the African Union (AU) needs to be
prompted to take up this issue as well.

-- We would be interested to hear your thoughts with
respect to getting the AU involved. We understand the AU
has little or nothing to offer from an operational
perspective, but the possibility of it adopting its own
resolution calling for assistance with Somalia piracy
strikes us as both useful and reasonable.

-- We do not know how many nations would be willing to
come forward immediately if a UNSC resolution were
adopted. However, some of our partners in the Combined
Task Force (CTF)-150, which conducts maritime security
operations in the area, have indicated a desire for an
authorization in a UNSC resolution to act in Somali
territorial waters to protect shipping and interdict
maritime criminals. The CTF-150 comprises naval units from
many coalition nations, including, the UK, France,
Germany, Pakistan, and the United States, and has included
forces from New Zealand, Italy, Spain, Portugal, Turkey,
and Canada. France is currently in command of CTF-150.
Canada will assume command in June 2008. Further, the
French government has been able to coordinate a coalition
of nations to escort vessels carrying humanitarian aid.
This resolution would provide additional authority to
those nations as well. If those states act, they will
need disposition and logistics support from other
countries including flag states to accept persons under
control (PUCs) such as victims, witnesses and suspected
pirates obtained as a result of counter-piracy operations.

-- We share your concerns about clearly establishing the
legal basis for the resolution, including establishing
responsibilities and limitations to be placed on
participating countries. A UNSC resolution also could
provide a good predicate for development of Coalition ROE
for all CTF-150 units that participate in any operations
conducted under the authorization of a UNSC resolution.
We understand France and its partners escorting WFP
shipments have their own Rules of Engagement that may also
be adapted to any operations acting under UNSC
authorization. We look forward to working with you to
address your concerns on these issues.

-- (For UK) Although it is true that interested parties or
coalitions can negotiate bilateral agreements with the TFG,
TFG resources and capacities are extremely limited.
Further, some states may view an invitation or
bilateral agreement with the TFG as an insufficient legal
basis to conduct operations in Somali territorial waters,
given the TFG's lack of recognition among some nations. A
UNSC resolution with Chapter VII authority would provide
immediate legal authorization for those interested in
helping.

-- (For UK) We very much appreciate your leadership on
Somalia and believe the issue of piracy can unify the
international community and build support for other
programs in Somalia. Panama has indicated to us that they
may be prepared to take the lead on the resolution on
Somali piracy. As the traditional leader on Somalia-related
issues in the Council, would you be willing to hand over the
pen to Panama?

-- (For France) We very much appreciate and commend the
program to escort WFP ships established by the GOF and
subsequently taken up by the Danish and Dutch
governments. We do not want to interfere with that
program in any way. We see this UNSC resolution as
complementing your efforts and perhaps helping to find new
partners for your initiatives. We note that France has
recently assumed command of CTF-150, the coalition of
naval forces which has been conducting counter-piracy
operations in the region.

-- (For Panama) We thank you for your interest and
leadership on the issue. Your Foreign Ministry noted that
Panama may be prepared to take the lead on a Somali piracy
resolution. We think Panama's status as a large flag
state country for maritime vessels position it to be well
qualified to lead on the issue. We would fully support
you on this initiative, if the British agree to relinquish
the pen on the issue. We would like to discuss with you
further the need for a Chapter VII resolution.

-- (If raised) If asked why we added "while calling on all
states, and in particular flag, port and coastal states
and states of nationality of victims of piracy, to provide
disposition and logistics assistance for persons under
control, such as victims, witnesses, and suspected
pirates, who are obtained as a result of piracy repression
operations." to the Chapter VII paragraph authorizing
access to Somali territorial waters. Answer: While we
understand that this language would not obligate any state
to take action in regard to persons under control, we feel
it is extremely important to emphasize the problem posed
by them. Without resolving this issue, many states will
be reluctant to interdict pirates and/or maritime
criminals.

END POINTS.

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Reporting Deadline
--------------


11. (U) USUN is requested to report back initial reports
with the British, French, and Panamanians by COB March

31. Responses to posts from host governments, if any,
would also be appreciated.

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Draft UNSCR elements
--------------


12. (SBU) The following are draft elements for the UNSCR
on piracy off the Somali coast:

Preambular elements

-- Recall prior Council statements on Somalia;

-- Recall IMO statements on piracy off the Somali coast;

-- Recall relevant provisions of the Law of the Sea
Convention with respect to repression of piracy and armed
robbery at sea;

-- Take note the letter from the TFG requesting assistance;

-- Note with concern incidents of piracy off the Somali
coast and their effect on shipping and on humanitarian
relief efforts;

-- Determine that the continuing incidence of acts of
piracy off the Somali coast constitutes a threat to
international peace and security;

Operative elements

-- Condemn acts of piracy and armed robbery against ships
off the Somali coast;

-- Urge all states to be vigilant to acts of piracy and
armed robbery off the Somali coast;

-- Urge all states to cooperate with each other and share
information about acts of piracy off the coast of Somalia
and to render assistance to vessels at risk of or under
attack by pirates, including by escorting vessels en route
to Somali ports with cargo of humanitarian aid, and cargo,
at the ships' requests;

-- Call upon all states and interested organizations to
provide technical assistance to Somalia and nearby coastal
states to enhance the capacity of these states to combat
piracy off the Somali coast;

-- Authorize states under Chapter VII [for a period of x
months subject to renewal by the Council]:

[Alternative (a): to enter the Somali territorial sea for
the purpose of identifying suspected pirates and deterring,
preventing, and suppressing acts of piracy and acts of armed
robbery at sea, and to take within the Somali territorial
sea those actions to identify, deter, prevent, and suppress
piracy and acts of armed robbery at sea that states are
permitted to take on the high seas under customary
international law as reflected in the UN Convention on the
Law of the Sea], while calling on all states, and in
particular flag, port and coastal states and states of
nationality of victims of piracy, to provide disposition and
logistics assistance for persons under control, such as
victims, witnesses, and suspected pirates, who are obtained
as a result of piracy repression operations. [Alternative
(b): to enter the Somali territorial sea for the purpose of
identifying, deterring, preventing, and suppressing acts of
piracy and armed robbery at sea, and to use within the
Somali territorial sea all necessary means to identify,
deter, prevent, and repress acts of piracy and armed robbery
at sea, including but not limited to boarding, searching,
and seizing vessels engaged, or suspected of engaging, in
acts of piracy or armed robbery, and to apprehend persons
engaged in such acts with a view toward their ultimate
prosecution, while calling on all states, and in
particular flag, port and coastal states and states of
nationality of victims of piracy, to provide disposition
and logistics assistance for persons under control, such
as victims, witnesses, and suspected pirates, who are
obtained as a result of piracy repression operations.

-- Urge states with relevant jurisdiction to investigate
and prosecute persons responsible for acts of piracy and
urge all states to render assistance to such efforts, such
as by providing investigative, logistical and disposition
assistance;

-- Request states in the exercise of the authority above
to coordinate their actions with other participating
states and with the TFG;

-- [Request states to provide the SYG information about
actions they take in the exercise of the authority above]

-- Request the SYG to report to the Council within x days
of developments in connection with the implementation of
this resolution and on the situation with respect to
piracy off the Somali coast.

END ELEMENTS
RICE