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Cablegate: Somalia: Voting Instructions for Unsc Resolution

VZCZCXRO3425
OO RUEHTRO
DE RUEHC #6579/01 3370025
ZNR UUUUU ZZH
O P 020017Z DEC 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 4019
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 04 STATE 126579

SIPDIS

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

1. The Department instructs USUN to vote in favor of the
following UN Security Council resolution on Somalia piracy,
to be considered on Tuesday, December 2.

2. Begin text:

The Security Council,

Recalling its previous resolutions concerning the situation
in Somalia, especially resolutions 1814 (2008), 1816 (2008)
and 1838 (2008),

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 other vulnerable ships, including
fishing activities in conformity with international law,

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

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,

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 waters,

Taking note of the requests from the TFG for international
assistance to counter piracy off its coasts, including 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, the 20 November 2008 letter conveying the request of
the TFG that the provisions of resolution 1816 (2008) be
renewed, and the 20 November request of the Permanent
Representative of Somalia before the Security Council that
the renewal be for an additional 12 months;

Further taking note of the letters from the TFG to the
Secretary-General providing advance notification with respect
to States cooperating with the TFG in the fight against
piracy and armed robbery at sea off the coast of Somalia 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 (2008), and encouraging those cooperating
States, for which advance notification has been provided by
the TFG to the Secretary-General, to continue their
respective efforts,

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

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 (EU) 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),

Emphasizing that peace and stability within Somalia, the
strengthening of State institutions, economic and social
development and respect for human rights and the rule of law
are necessary to create the conditions for a full eradication
of piracy and armed robbery at sea off the coast of Somalia;

Welcoming the signing of a peace and reconciliation Agreement
("the Djibouti Agreement") between the TFG and the Alliance
for the Re-Liberation of Somalia on 19 August 2008, as well
as their signing of a joint ceasefire agreement on 26 October
2008, noting that the Djibouti Agreement calls for the United
Nations to authorize and deploy an international
stabilization force, and further noting the
secretary-general's report on Somalia of 17 November 2008,

STATE 00126579 002 OF 004


including his recommendations in this regard;

Commending 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 and the
contribution that AMISOM has made towards the goal of
establishing lasting peace and stability in Somalia, and
recognizing specifically the important contributions of the
Governments of Uganda and Burundi to Somalia,

Welcoming the organization of a ministerial meeting of the
Security Council in December 2008 to examine ways to improve
international coordination in the fight against piracy and
armed robbery off the coast of Somalia and to ensure that the
international community has the proper authorities and tools
at its disposal to assist it in these efforts,

Determining that the incidents of piracy and armed robbery
against vessels in the territorial waters 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,

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 against vessels in territorial
waters and the high seas off the coast of Somalia;

2. Expresses its concern over the finding contained in the 20
November 2008 report of the Monitoring Group on Somalia that
escalating ransom payments are fueling the growth of piracy
off the coast of Somalia;

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
operating off the coast of Somalia;

4. Calls upon States, in cooperation with the shipping
industry, the insurance industry and the IMO, to issue to
ships entitled to fly their flag appropriate advice and
guidance on avoidance, evasion, and defensive techniques and
measures 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 initiatives by Canada, Denmark, France, India,
The Netherlands, the Russian Federation, Spain, the United
Kingdom, the United States of America, and by regional and
international organizations to counter piracy off the coast
of Somalia pursuant to resolutions 1814 (2008), 1816 (2008)
and 1838 (2008), the decision by the North Atlantic Treaty
Organization (NATO) to counter piracy off the Somalia coast,
including by escorting vessels of the WFP, and in particular
the decision by the EU on 10 November 2008 to launch, for a
period of 12 months from December 2008, 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;

7. Calls upon States and regional organizations to
coordinate, including by sharing information through
bilateral channels or the United Nations, their efforts to
deter acts of piracy and armed robbery at sea off the coast
of Somalia in cooperation with each other, the IMO, the
international shipping community, flag States, and the TFG;

8. 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 international
navigation off the coast of Somalia, including the long-term
security of WFP maritime deliveries to Somalia and a possible
coordination and leadership role for the United Nations in
this regard to rally Member States and regional organizations
to counter piracy and armed robbery at sea off the coast of
Somalia;

9. 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, consistent with this resolution and
relevant international law, by deploying naval vessels and

STATE 00126579 003 OF 004


military aircraft, and through seizure and disposition of
boats, vessels, arms and other related equipment used in the
commission of piracy and armed robbery off the coast of
Somalia, or for which there is reasonable ground for
suspecting such use;

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 20 November letter conveying the consent
of the TFG.

12. Affirms that the measures imposed by paragraph 5 of
resolution 733 (1992) and further elaborated upon by
paragraphs 1 and 2 of resolution 1425 (2002) do not apply to
supplies of technical assistance to Somalia solely for the
purposes set out in paragraph 5 above which have been
exempted from those measures in accordance with the procedure
set out in paragraphs 11 (b) and 12 of resolution 1772
(2007);

13. Requests that cooperating states take appropriate steps
to ensure that the activities they undertake pursuant to the
authorization in paragraph 10 do not have the practical
effect of denying or impairing the right of innocent passage
to the ships of any third State;

14. 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;

15. 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 States parties to the SUA
Convention to fully implement their obligations under said
convention and cooperate with the Secretary-General and the
IMO to build judicial capacity for the successful prosecution
of persons suspected of piracy and armed robbery at sea off
the coast of Somalia;

16. Requests States and regional organizations cooperating
with the TFG to inform the Security Council and the
Secretary-General within 9 months of the progress of actions
undertaken in the exercise of the authority provided in
paragraph 10 above;

17. 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;

18. Requests the Secretary-General of the IMO to brief

STATE 00126579 004 OF 004


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;

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

20. Decides to remain seized of the matter.


end text.
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