CANADA TO ATTEND MAY 29 SOMALIA PIRACY CONTACT

C O N F I D E N T I A L OTTAWA 000384 SIPDIS STATE FOR PM/PPA (FORAN, HUSAI, AND ROSATI) E.O. 12958: DECL: 05/22/2019 TAGS: PREL PGOV KCRM MARR CA SUBJECT: CANADA TO ATTEND MAY 29 SOMALIA PIRACY CONTACT GROUP MEETING REF: STATE 50499 Classified By: PolMinCouns Scott Bellard, reasons 1.4 (b) and (d) ¶1. (C) Canada will attend the May 29 meeting of the Somali Piracy Contact Group (reftel),according to Department of Foreign Affairs and International Trade (DFAIT) senior policy advisor Sarah Robertson, who expressed Canada's appreciation to USG for its efforts to include Canada in the contact group. Robertson also thanked POLOFF for the readout of U.S. policy positions, but regretted her inability to respond in kind regarding Canada's views on the major issues confronting the contact group. She predicted that Canada will likely "not be forward leaning," given its observer status. She noted that Canada does not want to jeopardize its candidacy to join the group and will likely participate behind the scenes, eschewing public statements. ¶2. (U) Separately, on May 21 Defence Minister Peter MacKay on the HMCS Winnipeg off the coast of Oman claimed that Canada lacked jurisdiction under international law to prosecute suspected pirates, according to press reports. (Note: The Winnipeg has interdicted pirates on two separate occasions so far in May, but then released the suspects. End note) He also disclosed that Canada was in the midst of negotiations with Kenya to transfer captured pirates to them for prosecution. MacKay publicly promised that Canada would be willing to continue to participate in NATO-led anti-piracy operations near Somalia after the end of the Winnipeg's deployment in June, but had received no request from NATO. ¶3. (C) DFAIT's Robertson acknowledged that Canada indeed has the authority under international law and its own criminal code to prosecute pirates. She characterized MacKay's apparent remarks as perhaps stemming from "bad staff work." She confirmed, however, that Canada had made a policy decision not to prosecute pirates unless "there is a Canadian nexus," i.e. a Canadian-flagged vessel or Canadian hostages. She nonetheless expressed regret about the minister's comments about negotiations with Kenya, since Canada's strategy was supposed to be to make an announcement only after the parties inked an agreement. Robertson confirmed that NATO has yet to request future Canadian participation in its anti-piracy task force. ¶4. (SBU) Robertson said that she and DFAIT Regional Security Deputy Director Agnes Pust will attend the May 29 meeting, along with a still-to-be-determined number of members of Canada's UN mission. Post has already provided contact details for Robertson and Pust to PM/PPA via unclass email. Visit Canada,s North American partnership community at http://www.intelink.gov/communities/state/nap / BREESE