CONTACT GROUP FOR PIRACY OFF THE COAST OF

UNCLAS STATE 066632

SIPDIS

E.O. 12958: N/A
TAGS: EWWT MARR PGOV PHSA PHUM PREL
SUBJECT: CONTACT GROUP FOR PIRACY OFF THE COAST OF
SOMALIA: MOVING BEYOND MEMBERSHIP


1. This is an action request. See paragraph 7.

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OBJECTIVE
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2. Post,s objective is to gain agreement by current CGPCS
participants on the participation of aspirant countries
Canada, Cyprus, Liberia, Malaysia, Panama, and Singapore, and
potentially other important shipping states and/or
counter-piracy force contributors.

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REPORTING
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3. Posts are requested to report reactions by July 15.
Department points of contact are PM/PPA Donna Hopkins
(hopkinsdl@state.sgov.gov or David Foran
(forandm@state.sgov.gov ).

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BACKGROUND
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4. In New York City on January 14, 2009, representatives of
28 countries and six international organizations agreed to
form the Contact Group for Piracy off the Coast of Somalia
(CGPCS). The inaugural communiqu stated that "The CGPCS
offers participation to any nation or international
organization making a tangible contribution to the
counter-piracy effort, or any country significantly affected
by piracy off the coast of Somalia." No process or mechanism
was agreed upon by which aspirants might seek to participate
in CGPCS plenary and working group meetings.


5. The lack of such a process has forestalled the positive
and productive inclusion of several countries that clearly
meet the criteria for participation. In addition,
developments subsequent to the January 14 plenary have
clearly shown that tangible contributions are not limited to
the provision of military forces to the counter-piracy
effort. Specifically, three areas in addition to military
counter-piracy patrols require the individual and collective
efforts of all countries involved in combating piracy: the
vigorous promotion of self-protection measures by commercial
shipping; the development of compatible legal frameworks and
the political will to facilitate prosecution in their
domestic courts by affected states; and the development of
regional capability and capacity to interdict, prosecute, and
imprison the pirates that currently operate with relative
impunity off the Horn of Africa.


6. The United States believes that participation by any
country or international organization that wishes to
participate and is able to contribute in any tangible way to
the international effort to combat piracy is a net gain for
our collective efforts, and that the CGPCS deliberations
should not be impeded by unrelated political issues.
Unfortunately, Turkey objects to the Republic of Cyprus,
participation, and Greece objects to the admission of any new
participant unless Cyprus is also allowed to participate.
We must reach a resolution to this impasse in order to offer
participation to the six aspirant countries mentioned in
paragraph 2.


7. Department requests that posts in CGPCS countries
deliver the following points at the highest appropriate level
to explain the U.S. position on expanding participation in
the Contact Group for Piracy off the Coast of Somalia
(CGPCS).

--The United States believes that participation in CGPCS
proceedings should be open to any country or international
organization meeting the objective criteria for participation
as outlined in the January 14 communiqu.

--As an informal information-sharing and voluntary
coordinating body, the CGPCS does not have the authority to
direct operations or take decisions with regard to national
policies, programs, or force employment.

--Participants should be free to contribute as they see fit
to CGPCS efforts, and to abstain from those in which they
have no interest or to which they might object.

-- We believe that tangible contributions to counter-piracy
include, among other things, the provision of military forces
to operations off the Horn of Africa; the active promotion of
commercial shipping self-protection; the political or
financial facilitation of prosecution by states affected by
piracy; financial support to regional counter-piracy and
maritime security capacity building programs; and
contributions to the International Trust Fund established by
the CGPCS to support piracy prosecution and counter-piracy
capacity building.

--Notification of and invitation to CGPCS events will be made
by the respective Chairs of plenary and working group
meetings. The freedom of Chairs to issue invitations
preserves the option of governments not to invite
participants, should particular circumstances require such
exclusion. (Comment: This caveat would preserve the
ability of a Chair, for instance, to exclude Iran, to whose
presence France objects because of Iran,s violation of UN
sanctions, from CGPCS meetings. End comment.)


8. Department does not recommend approaching aspirant
countries at this point. If asked, however, posts may use
these points:

--We support the expansion of the CGPCS to include countries
making tangible contributions to counter-piracy that include,
among other things, military forces operating off the Horn of
Africa; the active promotion of commercial shipping
self-protection; the political or financial facilitation of
prosecution by states affected by piracy; financial support
to regional counter-piracy and maritime security capacity
building programs; and contributions to the International
Trust Fund established by the CGPCS to support piracy
prosecution and counter-piracy capacity building. This
includes your candidacy.

--However, as the CGPCS is a consensus organization, and some
participants have raised concerns about this approach, we are
not discussing further expansion until their concerns can be
resolved.


9. Should CGPCS countries be amenable to our proposal for
expanding participation, PM will prepare diplomatic notes for
delivery by posts informing participants of the new criteria
for participation and extending invitations to aspirant
countries to participate in CGPCS meetings.
CLINTON