UN CONVEYS ITS INTENTION TO PLAY A ROLE IN COUNTER

UNCLAS USUN NEW YORK 000697

SIPDIS

E.O. 12958: N/A
TAGS: PARM PREF PREL
SUBJECT: UN CONVEYS ITS INTENTION TO PLAY A ROLE IN COUNTER
PIRACY EFFORTS

REF: USUN 000648


1. (U) This is an action request, see paragraph 5 below.


2. (U) Summary: Ambassador DiCarlo and USUN legal
advisers and UKUN Deputy Permanent Representative Philip
Parham and UKUN's Deputy Legal Adviser met with the UN Legal
Counsel Patricia O'Brien at her request on July 15 to discuss
the UN's intention to play a more proactive role on issues
concerning piracy off the coast of Somalia and in particular
on pirate prosecutions. O'Brien said that she and the UN
Secretary General (SYG) believe there is a perception that
jurisdictional gaps in prosecuting pirates exist and that the
UN wants to play a role in eliminating such gaps. While
saying she was "taken aback" by the tone, she thanked the
U.S. for its letter. Based on the letter and her
understanding that the UK had similar views, she seemed to
concede that OLA will abandon its idea to conclude framework
agreements between the UN and countries in the region near
Somalia on prosecuting and imprisoning pirates. O'Brien
acknowledged the points the U.S. made in the letter and said
that any future action the UN takes on such an initiative
would be done in a collaborative and cooperative way. She
made clear, however, that the SYG was determined that the UN
would play an active role on piracy issues and asked for U.S.
and U.K. ideas on ways the UN could play a role that adds
value to what countries are already doing. O'Brien conveyed
that she is considering a UN model bilateral transfer
agreement and suggested OLA might want to draw on the U.K.
and U.S. arrangements with Kenya as prototypes that the UN
could use to help encourage additional similar agreements in
the region. O'Brien said that she would appreciate feedback
from the U.S. and the U.K. on these and any other ideas for a
UN role by the first week in August after which she would
like legal experts from OLA, the U.S. and the U.K. to meet.
End Summary.


3. (U) Parham told O'Brien that the UN is already playing
a significant capacity building role via UNODC and the IMO.
He also said that he was unaware of any significant
jurisdictional gaps and that as piracy is a crime over which
states have universal jurisdiction there should be no bar to
domestic jurisdiction. Noting that the U.S. and the U.K.
already have bilateral agreements with Kenya, Parham said
that Turkey and Canada were close to finalizing agreements as
well. Parham provided a letter to O'Brien from the UK's
legal adviser that, similar to the U.S. letter, essentially
concludes that the UN's idea for a framework agreement does
not serve a useful purpose. O'Brien reacted by saying that
engagement by OLA and the SYG on the issue raises the
visibility of what the UNODC and the IMO are already doing.
She also said that there are a wide range of states that are
not part of the Contact Group on piracy and that the UN needs
to play a role to assist and engage these states. Ambassador
DiCarlo shared Parham's view that the UN is playing a vital
capacity building role and suggested that an open Security
Council meeting on piracy might be held in the fall (perhaps
in November under Austria's presidency) to heighten awareness
of the contributions of the UN and the Contact Group.
O'Brien agreed that such a Security Council meeting would
enhance information flow on the issue, but reiterated the
need for the UN to play a role.


4. (U) O'Brien said that she thought the UN could play a
broader role to enhance what states are already doing by
facilitating model agreements (using the U.K. and U.S.
agreements with Kenya as a basis) to help states enter into
bilaterally. She said that the SYG's support of such
agreements would encourage states to enter into them. As
examples, O'Brien said that Tanzania and the Seychelles have
the capacity to contribute. Parham said the U.K. has already
shared its agreement with Kenya with other members of the
Contact Group. O'Brien said that that was the first she had
heard of this and that the UN in general was not informed on
the work of the Contact Group. Both Ambassadors DiCarlo and
Parham said that if communications gaps exist between the
Contact Group and the UN, then an open Security Council
briefing would be a way to eliminate such gaps.


5. (U) ACTION REQUEST: Please provide Department views on
OLA's idea of a
model bilateral agreement, as well as thoughts on what role
the UN and especially OLA could usefully provide by July 31.



RICE