SOMALIA: TRANSMITTING PIRACY CONTACT GROUP

UNCLAS STATE 007018

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALIA: TRANSMITTING PIRACY CONTACT GROUP
COMMUNIQUE TO THE SC


1. USUN is instructed to transmit the attached letter in
paragraph 2 announcing the formation of the Contact Group on
Piracy off the Coast of Somalia (CGPCS)to the Security
Council President. USUN should also transmit to the Security
Council President the Communiqu (para 3) referenced in the
letter.


2. Begin letter:

Excellency,

I have the honor to inform you that on January 14,
twenty-four States and five regional and international
organizations met in New York and formed the Contact Group on
Piracy off the Coast of Somalia. The group was formed in
response to the UN Security Council's call for States and
regional organizations fighting piracy off the coast of
Somalia to establish an international cooperation mechanism
to act as a common point of contact on all aspects of
combating piracy and armed robbery at sea.

The first meeting of this group was extremely successful.
During the meeting it was decided the group would keep the
Security Council informed regularly of its activities and
decisions. I have attached the joint communiqu issued by
the group following the meeting. I would very much
appreciate if you would circulate this document to the
members of the Security Council.

Please accept, Excellency, the assurances of my highest
consideration.

Sincerely,

Dr. Susan Rice
Permanent Representative

end letter.


3. Begin communiqu:


The Contact Group on Piracy off the Coast of Somalia met at
United Nations Headquarters in New York on January 14, 2009,
and agreed on the following statement.

Begin Text:

Pursuant to United Nations Security Council Resolution 1851,
the Contact Group on Piracy off the Coast of Somalia (CGPCS)
was established on January 14, 2009 to facilitate discussion
and coordination of actions among states and organizations to
suppress piracy off the coast of Somalia. The CGPCS will
report its progress periodically to the UN Security Council.
Participating in the meeting were representatives from:
Australia, China, Denmark, Djibouti, Egypt, France, Germany,
Greece, India, Italy, Japan, Kenya, Republic of Korea, The
Netherlands, Oman, Russia, Saudi Arabia, Somalia TFG, Spain,
Turkey, United Arab Emirates, United Kingdom, United States,
and Yemen, as well as the African Union, the European Union,
the North Atlantic Treaty Organization (NATO),the UN
Secretariat, and the International Maritime Organization.

The Contact Group notes with deep concern that piracy off the
coast of Somalia grew significantly in 2008, and that attacks
on shipping vessels can be expected to increase without
enhanced international efforts. In 2008, over 100 attacks,
including over 40 successful seizures, resulted in hundreds
of persons taken hostage. The pirates have been demanding
million-dollar ransoms for release of the hostages, ships and
cargoes. Piracy disrupts critical humanitarian aid
deliveries to Somalia, increases shipping insurance premiums
along one of the world's most traveled routes to
near-prohibitive levels, damages littoral economies by
forcing the diversion of vessels around the Cape of Good
Hope, and raises the prospect of an environmental disaster as
ships fall prey to hostile intent. Piracy is a symptom of a
wider lack of security and rule of law in Somalia and
continues to constitute a threat to regional stability. As
important, piracy is symptomatic of the overall situation in
Somalia including the prevalence of illegal fishing and toxic
waste dumping off the coast of Somalia, which adversely
affects the Somali economy and marine environment. As such,
piracy issues must be kept in mind as one element of a larger
challenge, and international support for initiatives such as
the international Contact Group on Somalia must be encouraged
as well as support for the Contact Group on Piracy off the
Coast of Somalia. The CGPCS considers its activities as part
of wider international efforts to secure peace and stability
in Somalia.

As an international cooperation mechanism created pursuant to
Security Council resolution 1851 to act as a point of contact
between and among states, regional and international
organizations on aspects of combating piracy and armed
robbery at sea off Somalia's coast, the CGPCS will inform the
UN Security Council on a regular basis of the progress of its
activities, including through providing relevant information
to the UN Secretary General for possible incorporation into
his periodic reports to the Council.

The CGPCS emphasizes the primary role of Somalia itself in
rooting out piracy and armed robbery at sea and the
importance of assisting Somalia in strengthening its own
operational capacity to fight piracy and bring to justice
those involved in piracy.

The Contact Group on Piracy off the Coast of Somalia applauds
the efforts countries, industry, and regional and
international organizations have taken to address the piracy
problem pursuant to Security Council resolutions. Of
particular note, the CGPCS applauds the counter-piracy
operations that individual nations, Combined Maritime Forces
(CMF),NATO and the EU have undertaken during the last six
months.

Pursuant to UNSCR 1851, States and regional organizations
fighting piracy and armed robbery at sea off the coast of
Somalia will consider creating a center in the region to
coordinate information relevant to piracy and armed robbery
at sea off the coast of Somalia (the Counter-Piracy
Coordination Center) as soon as possible in 2009. Pending
the establishment of such a center, the Contact Group will
look to put interim arrangements in place. The CGPCS asks
participating states, international and regional
organizations to support both the interim and follow-on
facilities.

The Contact Group on Piracy off the Coast of Somalia agrees
that better operational information is needed in order to
address the problem of piracy off the coast of Somalia, and
calls on members to contribute additional operational
information and surveillance assets to the region.

The Contact Group on Piracy off the Coast of Somalia
recognizes the importance of apprehending and prosecuting
suspected pirates. The CGPCS calls on state parties to
implement their obligations under relevant treaties and
applicable international law, including in particular the UN
Convention on the Law of the Sea, with respect to suppressing
piracy, establishing jurisdiction, and accepting delivery of
suspected pirates, and to discuss, as appropriate, the
applicability of other international instruments including
the 1988 Convention for the Suppression of Unlawful Acts
Against the Safety of Maritime Navigation ("SUA Convention"),
and the UN Convention Against Transnational Organized Crime.

The CGPCS will examine practical options for strengthening
the ability of countries willing to detain and prosecute
suspected pirates. It will also examine options for
developing other mechanisms to address piracy, including
international judicial mechanisms. The Group welcomes the
efforts of States, the UN Office on Drugs and Crime, and the
UN Development Program to build judicial capacity and
commends the Government of Kenya in particular for supporting
the prosecution of suspected pirates. The Contact Group on
Piracy off the Coast of Somalia notes the work of the
maritime shipping industry and the International Maritime
Organization (IMO) to establish measures to prevent and
suppress acts of piracy and armed robbery for commercial
vessels transiting the region. International maritime
industry groups have taken efforts to address the piracy
threat. Of note is the adoption by the world's leading
shipping, cargo, and insurance organizations of a set of
common best management practices which were based on
recommendations by the EU's Maritime Security Center - Horn
of Africa (MSC-HOA). The CGPCS will continue to work with the
IMO, shipping industry representatives, and shipping
companies to increase the distribution and voluntary
employment of best practices and threat information.

The Contact Group on Piracy off the Coast of Somalia
reaffirms its respect for Somalia's sovereignty, territorial
integrity, and sovereign rights over natural resources, and
its participants ensure that their flagged vessels respect
these rights.

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. As such, the Contact
Group extends invitations to Belgium, Norway, Portugal,
Sweden, and the Arab League.

The CGPCS identified six related focus areas: improving
operational and information support to counter-piracy
operations, establishing a counter-piracy coordination
mechanism, strengthening judicial frameworks for arrest,
prosecution and detention of pirates, strengthening
commercial shipping self-awareness and other capabilities,
pursuing improved diplomatic and public information efforts,
and tracking financial flows related to piracy.

The participants agreed to establish four working groups in
which all CGPCS parties may participate, to address the focus
areas. Working Group 1 will address activities related to
military and operational coordination and information sharing
and the establishment of the regional coordination center,
and will be convened by the United Kingdom with the support
of the International Maritime Organization. Denmark will
convene Working Group 2 to address judicial aspects of piracy
with the support of UNODC. The United States agreed to
convene Working Group 3 to strengthen shipping self-awareness
and other capabilities, with the support of IMO. Egypt
agreed to convene Working Group 4 to improve diplomatic and
public information efforts on all aspects of piracy.

Additionally, participating states affirmed the importance of
attention to financial flows to pirates and their activities
and decided to remain seized of the issue. The CGPCS also
calls on international bodies that track illicit financial
flows to examine the question of such flows to pirates and
their operations and to report as appropriate to the CGPCS
and other groups concerned with the issue.

The Contact Group on Piracy off the Coast of Somalia agreed
to establish a small Secretariat to support scheduling and
reporting on the outcomes of meetings of the Contact Group
and the working groups. The CGPCS requests appropriate and
relevant organizations and agencies to contribute to the
Secretariat.

The Contact Group on Piracy off the Coast of Somalia
recognizes that the international community of interest is
far greater than the participation of States in the CGPCS,
and pledges to inform the larger community of all significant
CGPCS conclusions, rationale and activities. It recognizes
that effective coordination of activities to eradicate piracy
requires coordination among the entire international
community, and so remains open to receiving input from CGPCS
and non-CGPCS members.

The Contact Group on Piracy off the Coast of Somalia plans to
meet again in March 2009 to review the progress and direction
of the four working groups and other developments. It will
consider, at that time, the addition of new members.

End Communiqu
CLINTON