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Cablegate: Somalia: Instructions On Tabling Our Unsc

VZCZCXYZ0009
OO RUEHWEB

DE RUEHC #3225 3251611
ZNR UUUUU ZZH
O 201603Z NOV 08
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000

UNCLAS STATE 123225

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL PHUM PHSA EWWT KCRM SO XA XW
SUBJECT: SOMALIA: INSTRUCTIONS ON TABLING OUR UNSC
RESOLUTION ON SOMALIA PIRACY

1. This is an action cable. USUN is instructed to deliver
the following draft resolution (complete text
paragraph 4) to the British and the French Mission in New
York immediately. USUN should table the resolution to the
Council NLT COB on November 20.

2. Objectives:

-- Thank the British and the French for their many helpful
suggestions on the Somali piracy resolution. We
incorporated a large percentage of their suggestions into the
draft text.

-- Inform our P3 partners that we are willing to delete
OP15bis (which we recently amended following the
Secretary-General's report and included in its entirety in
paragraph 5), but strongly urge the British to include
this paragraph or something very similar (i.e. calling for a
conop for UN Peacekeping Mission independent of an MNF
and with a limited mandate like the one stated in OP15bis) in
their resolution on Somalia very shortly after adoption of
the piracy resolution.

-- Emphasize that we are willing to make this concession as a
gesture of good will to our P3 partners because we
understand how important passage of a piracy resolution is to
all of us at this time. However, our partners need to
understand how very important planning for a UN Peacekeeping
Mission is to the United States. Over the
years the UN has been caught flat-footed in peacekeeping
planning when a given situation necessitated UN
intervention. We do not want to see the same mistake happen
in Somalia.

-- Inform P-3 that we intend to table the resolution in
paragraph 4 to the rest of the Council today.

3. USUN should report back any readout obtained from our P3
partners.

4. The following is the complete text of a Somalia piracy
resolution:

The Security Council,

(1) Recalling its previous resolutions concerning the
situation in Somalia, especially resolutions 1814, 1816
and 1838,

(2) Continuing to be gravely concerned by the threat that
piracy and armed robbery at sea against vessels pose to
the prompt, safe and effective delivery of humanitarian aid
to Somalia, to international navigation and the safety
of commercial maritime routes, and to fishing activities in
conformity with international laws,

(3) Reaffirming its respect for the sovereignty, territorial
integrity, political independence and unity of
Somalia,

(4) Further reaffirming that international law, as reflected
in the United Nations Convention on the Law of
the Sea of 10 December 1982 ("the Convention"), sets out the
legal framework applicable to combating piracy and
armed robbery at sea, as well as other ocean activities,

(5) Taking into account the crisis situation in Somalia, and
the lack of capacity of the Transitional Federal
Government ("TFG") to interdict pirates or patrol and secure
either the international sea lanes off the coast of
Somalia or Somalia's territorial sea,

(6) Taking note of the many public requests from the TFG for
international assistance to counter piracy off its
coasts, including the letter from the Permanent
Representative of the Somali Republic to the United Nations
to the President of the Security Council dated 27 February
2008 conveying the consent of the TFG to the Security Council
for urgent assistance in securing the territorial sea and
international waters off the coast of Somalia, and the 1
September 2008 letter from the President of Somalia to the
Secretary-General of the United Nations expressing the
appreciation of the TFG to the Security Council for its
assistance and expressing the TFG's willingness to consider
working with other States and regional organizations to
combat piracy and armed robbery at sea off the coast of
Somalia, ADD REFERENCE TO ADDITIONAL, YET-TO-BE-RECEIVED TFG
LETTER REQUESTING EXTENSION OF RESOLUTION 1816.

(7) Further taking note of the letters from the TFG and from
other Member States to the Security Council to inform
the Council of their actions, as requested in paragraphs 7
and 12 of 1816,

(8) Expressing again its determination to ensure the
long-term security of World Food Programme (WFP) maritime
deliveries to Somalia,

(9) Recalling that in its resolution 1838 (2008) it commended
the contribution made by some States since
November 2007 to protect (WFP) maritime convoys, and the
establishment by the European Union of a coordination unit
with the task of supporting the surveillance and protection
activities carried out by some member States of
the European Union off the coast of Somalia , as well as
other international and national initiatives taken with a
view to implementing resolutions 1814 (2008) and 1816 (2008),

(10) Noting that a peaceful and stable situation within
Somalia will be an important factor in addressing the
scourge of piracy and armed robbery at sea off the coast of
Somalia, and that peace and stability, the
strengthening of State institutions, economic and social
development and respect for human rights and rule of law
are necessary to create the conditions for a full eradication
of piracy and armed robbery off the coast of
Somalia,

(11) Further noting the key role played by the African Union
Mission to Somalia (AMISOM) in facilitating delivery
of humanitarian assistance to Somalia through the port of
Mogadishu, commending the contribution that AMISOM has
made toward the goal of establishing a lasting peace and
stability in Somalia, and recognizing specifically the
important contributions of the Governments of Uganda and
Burundi to Somalia,

(12) Welcoming the signing of a peace and reconciliation
Agreement ("the Djibouti Agreement") between the TFG and
the Alliance of the Re-Liberation of Somalia on August 19,
2008, as well as their signing of a joint ceasefire
agreement on October 26, 2008, and noting that the Djibouti
Agreement calls for the United Nations to
authorize and deploy an international stabilization force,

(13) Determining that the incidents of piracy and armed
robbery at sea against vessels in the territorial sea of
Somalia and the high seas off the coast of Somalia exacerbate
the situation in Somalia, which continues to
constitute a threat to international peace and security in
the region,

(14) Acting under Chapter VII of the Charter of the United
Nations,

1. Reiterates that it condemns and deplores all acts of
piracy and armed robbery at sea;

2. Expresses its concern/Regrets that the payment of ransoms
to pirates encourages further acts of piracy;

3. Welcomes the efforts of the International Maritime
Organization ("IMO") to update its guidance and
recommendations to the shipping industry and to governments
for preventing and suppressing piracy and
armed robbery at sea and to provide this guidance as soon as
practicable to all Member States and to the
international shipping community;

4. Calls upon the industry and insurance companies to
continue to cooperate with the IMO and ensure that their
vessels receive appropriate guidance and training on
avoidance, evasion, and defensive measures and techniques
to take if under the threat of attack or attack when sailing
in the waters off the coast of Somalia;

5. Further calls upon States and interested organizations,
including the IMO, to provide technical assistance to
Somalia and nearby coastal States upon their request to
enhance the capacity of these States to ensure coastal and
maritime security, including combating piracy and armed
robbery at sea off the Somali and nearby coastlines;

6. Welcomes the decision by NATO to counter piracy off the
Somalia coast, including by escorting vessels of the WFP,
strongly welcomes the decision by the EU on 10 November 2008
to launch, for a period of 12 months, a naval operation to
protect WFP maritime convoys bringing humanitarian assistance
to Somalia and other vulnerable ships, and to repress acts of
piracy and armed robbery at sea off the coast of Somalia
pursuant to resolution 1816 (2008) and 1838 (2008), and
welcomes also other initiatives by States, regional or
international organizations to this end;

7. Requests the Secretary-General to present to it a report,
no later than 3 months after the adoption of this
resolution, on ways to ensure the long-term security of WFP
maritime deliveries to Somalia, including a possible
role for the United Nations in this regard, as well as on the
additional assistance he could provide to rally Member
States and regional organizations to improve their
coordination in this effort,

8. Calls upon States and regional organizations that have the
capacity to do so, to take part actively in the fight
against piracy and armed robbery at sea off the coast of
Somalia, in particular by deploying naval vessels and
military aircraft, and consistent with this resolution, by
seizing and disposing of boats, vessels, arms and other
related equipment used in, or that are suspected will be used
in, the commission of piracy and armed robbery off
the coast of Somalia;

9. Further calls upon States and regional organizations to
coordinate their efforts to deter acts of piracy and armed
robbery at sea in cooperation with each other, the IMO, the
international shipping community, flag States, and the
TFG;

10. Decides that for a period of 12 months from the date of
this resolution States and Regional Organizations
cooperating with the TFG in the fight against piracy and
armed robbery at sea off the coast of Somalia, for which
advance notification has been provided by the TFG to the
Secretary General, may:

(a) Enter into the territorial waters of Somalia for the
purpose of repressing acts of piracy and armed robbery at
sea, in a manner consistent with such action permitted on the
high seas with respect to piracy under relevant
international law; and

(b) Use, within the territorial waters of Somalia, in a
manner consistent with such action permitted on the high
seas with respect to piracy under relevant international law,
all necessary means to repress acts of piracy and
armed robbery at sea;

11. Affirms that the authorizations provided in this
resolution apply only with respect to the situation in
Somalia and shall not affect the rights or obligations or
responsibilities of Member States under international law,
including any rights or obligations under the Convention,
with respect to any other situation, and underscores in
particular that this resolution shall not be considered as
establishing customary international law; and affirms
further that such authorizations have been provided only
following the receipt of the LETTER FROM THE TFG THAT
HASN'T BEEN RECEIVED YET.

12. Calls upon all States, and in particular flag, port and
coastal States, States of the nationality of victims
and perpetrators of piracy and armed robbery, and other
States with relevant jurisdiction under international law
and national legislation, to cooperate in determining
jurisdiction, and in the investigation and prosecution of
persons responsible for acts of piracy and armed robbery off
the coast of Somalia, consistent with applicable
international law including international human rights law,
and to render assistance by, among other actions,
providing disposition and logistics assistance with respect
to persons under their jurisdiction and control,
such victims and witnesses and persons detained as a result
of operations conducted under this resolution;

13. Notes that the 1988 Convention for the Suppression of
Unlawful Acts Against the Safety of Maritime Navigation
("SUA Convention") provides for parties to create criminal
offenses, establish jurisdiction, and accept delivery of
persons responsible for or suspected of seizing or exercising
control over a ship by force or threat thereof
or any other form of intimidation; urges all States that have
not already done so to become parties to the SUA
Convention, further urges States parties to the SUA
Convention to fully implement their obligations under said
convention, and calls upon the Secretary-General, in
cooperation with the IMO, to work with States parties to
the SUA Convention and other Member States to build judicial
capacity for the successful prosecution of
persons suspected of piracy and armed robbery at sea;


14. Requests States cooperating with the TFG to inform the
Security Council within 9 months of the progress of
actions undertaken in the exercise of the authority provided
in paragraph 10 above;

15. Requests the Secretary-General to report to the Security
Council within 11 months of adoption of this
resolution on the implementation of this resolution and on
the situation with respect to piracy and armed robbery in
territorial waters and the high seas off the coast of Somalia;

16. Requests the Secretary-General of the IMO to brief the
Council on the basis of cases brought to his attention by
the agreement of all affected coastal states, and duly taking
into account the existing bilateral and regional
cooperative arrangements, on the situation with respect to
piracy and armed robbery;

17. Expresses its intention to review the situation and
consider, as appropriate, renewing the authority provided
in paragraphs 9 and 10 above for additional periods upon the
request of the TFG;

18. Decides to remain seized of the matter.

end text

5. The following is the amended OP15bis text:

15 bis. Acknowledges that the scourge of piracy in Somalia
will never be fully contained until the problems in the
sovereign territory of Somalia are addressed; Noting with
regret the lack of adequate planning for a UN Peacekeeping
Operation in the 17 November report on Somalia from the
Secretary-General; Requests the Secretariat to provide for
Council consideration a concept of operations for a UN
peacekeeping operation no later than 15 days from the
adoption of this resolution. The concept of operations should
include a geographic focus on southern and central
Somalia and must not be dependent the deployment of a
preceding Multinational Force/International Stabilization
Force, with key Mission activities focused on: 1) supporting
implementation of the Djibouti Peace Agreement,
including monitoring and verification of any ceasefire and
joint security arrangements and liaison with the Joint
Security Committee (JSC); 2) providing protection for the
Transitional Federal Institutions to help them carry out
the functions of government and security for key
infrastructure; to facilitate, within capabilities and in
its areas of deployment, humanitarian assistance to affected
populations by helping to create the necessary
security conditions; and 3) protection of UN personnel,
facilities, installations, equipment and mission, and
ensuring the security and freedom of movement of UN
personnel;

end text
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