SOMALI PIRACY: BUILDING BLOCKS FOR UNSC NOVEMBER

UNCLAS STATE 117724 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW SUBJECT: SOMALI PIRACY: BUILDING BLOCKS FOR UNSC NOVEMBER 18 OPEN DEBATE ¶1. Action Request: USUN should draw from the building blocks in paragraph 2 below in drafting the statement for the UN Security Council open debate on piracy off the coast of Somalia on November 18, 2009. End action. ¶2. Begin building blocks: Humanitarian -- It is clear that piracy off the coast of Somalia is a symptom of the instability and lack of governance on land. Economic development, political stability, and the humanitarian situation are all dependent on security and good governance. We look forward to working with the local, regional, and national leadership in Somalia towards those goals. -- Much of Somalia's piracy originates in the semi-autonomous, sub-national region of Puntland. Addressing piracy requires the local government hold those engaged in piratical activity accountable. Supporting Stability in South and Central Somalia -- To sustain the goals of long-term peace and stability in Somalia, the United States supports the deployment of the African Union Mission in Somalia (AMISOM),the development of the Transitional Federal Government,s security institutions, and the establishment of effective governance based on a process of inclusive political dialogue and reconciliation. -- The United States views supporting AMISOM, in particular, as central to stabilizing Mogadishu and supporting the Djibouti Peace Process. Accordingly, the U.S. is the largest financial supporter of AMISOM, which facilitates the delivery of humanitarian assistance to Somalia, protects key installations in Mogadishu, and provides political space for a Somali-led reconciliation process. -- We also encourage States, together with industry and the International Maritime Organization, to explore the possibility of providing training and employment opportunities in the maritime industry to Somalis. This effort could provide a viable alternative to Somalis even as we continue to address piracy and its root causes. -- The promotion of security and political stability in Somalia, especially south and central Somalia, is a long-term process. While these efforts are underway, however, piracy off the coast of Somalia threatens the delivery of humanitarian aid and economic development. To address this problem successfully, the United States believes that coordination and cooperation among international and regional actors is essential. U.S. Approach to Piracy -- States and international organizations participating in the Contact Group on Piracy off the Coast of Somalia (CGPCS) have already made significant contributions to the effort to suppress piracy off the coast of Somalia, and I would like to note that the United States greatly appreciates the role the United Nations has played in this regard. -- From the CGPCS,s inception, the UN has been a productive and active participant. The UN Office of Drugs and Crime, for example, serves as the secretariat for Working Group 2, the judicial working group with a focus on ensuring suspected pirates are prosecuted, and is carrying out important work to enhance the judicial capacity of regional states to prosecute suspected pirates. We commend the work done by the UN Office of the Legal Adviser in support of WG2. The IMO was instrumental in bringing this situation of piracy to the Security Council,s attention, has ably facilitated the work of the CGPCS working groups, and, parallel with CGPCS capacity-building efforts, has established and is coordinating the implementation of the Djibouti Code of Conduct. -- The CGPCS has proven to be an effective means of coordinating counter-piracy initiatives, yet piracy off the coast of Somalia continues. Clearly, our efforts must continue. -- We would like to commend the efforts of the European Union Operation Atalanta, NATO Operations Allied Protector and Ocean Shield, Combined Maritime Forces, Combined Task Force 151, and individual States to combat piracy and protect vulnerable ships transiting through the waters off the coast of Somalia. The Shared Awareness and Deconfliction (SHADE) meetings have provided excellent tactical coordination, and we thank all partners for their participation in the SHADE process. We hope that nations will continue to prioritize and contribute to these initiatives, as they play an important role in deterring piracy. -- Countering piracy, however, is not the responsibility of States alone. The International Maritime Organization (IMO) has developed recommendations and guidance on preventing and suppressing piracy and armed robbery against ships. We hope that both States and the shipping and insurance industries will work together with the IMO to continue to develop and implement best practices to avoid and defend against pirate attacks. -- On September 10, 2009, the United States along with representatives from Japan, the Republic of Cyprus, the Republic of Singapore, and the United Kingdom of Great Britain and Northern Ireland signed the New York Declaration, a political commitment to ensure vessels operating under the signatories' flags implement internationally recognized best management practices for self-protection to reduce the success rate of acts of piracy. These internationally recognized best management practices include the IMO guidance, guidance produced by industry and labor, and guidance issued by flag states. We encourage other States to sign the New York Declaration, and to require vessels to implement self-protection measures. -- If suspected pirates are captured, we strongly believe that it is the responsibility of affected states to favorably consider prosecuting the offenders. We recognize that in some circumstances the states directly affected may be unable to prosecute, and we commend states, in particular Kenya, that have taken the lead in prosecuting pirates. It is imperative, however, that we expand the options for the national prosecution of pirates. Capturing suspected pirates and releasing them without judicial consequences when there is sufficient evidence to support prosecution only encourages piracy by creating a perception of impunity. -- States should ensure that they have domestic criminal legislation in place to support the prosecution of the crime of piracy in their national courts. The United States believes that states should favorably consider prosecution if a States, nationals are the owners or crew of the vessel attacked, or if a nation is the flag-state of the vessel. -- States should also support national prosecutions by other States willing and able to do so, or assist regional States to enhance their capacity to prosecute and incarcerate pirates. We hope that States will utilize the International Trust Fund Supporting Initiatives of the Contact Group on Piracy off the Coast of Somalia to support these efforts. -- We would also like to acknowledge Japan,s generous donation to the IMO Djibouti Code of Conduct Trust Fund. -- As the UN report noted, pirate attacks have increased over the last year. We believe that the payment of ransom has played a significant role in contributing to this trend. The Government of the United States has a firm &no concessions8 policy when dealing with hostage takers, including pirates, and we would encourage all states to adopt such a policy when dealing with pirates. -- The scourge of piracy off the coast of Somalia affects us all through increased risk to our citizens, disruption of global commercial shipping routes, and damage to property and goods. Piracy results in higher costs for both international corporations and small entrepreneurs that rely on international shipping to reach overseas markets. This translates into higher prices for goods throughout the world as businesses must absorb higher insurance costs, turn to longer shipping routes, and implement counter-piracy security measures in response to the problem. Governments involved in counter-piracy initiatives off the coast of Somalia also face costs as they work to protect the waters for safe passage. Renewal of 1846/1851 -- United Nations Security Council resolutions 1846 (2008) and 1851 (2008) provide a basis for on-going counter-piracy military operations, and the United States believes renewing the authorities these resolutions provide is essential for future counter-piracy efforts. -- These authorities offer the best possibility for preventing pirates from using Somali territorial waters, land, and air as a safe haven to elude forces operating in the area. For example, operating under the authority of UNSCRs 1846 and 1851, the United States has undertaken actions within the territorial sea of Somalia to ensure that dangerous cargo is not offloaded from pirated ships to individuals or entities for use in a manner that would be destabilizing to the region. These resolutions also enable a powerful deterrent effect, encouraging member states to more frequently patrol and secure the waters off the coast of Somalia. End text. CLINTON