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Cablegate: Somalia: Instructions On Tabling Our Resolution

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DE RUEHC #9528 3450032
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O P 100024Z DEC 08
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INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS STATE 129528

SIPDIS

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

1. Action Request: USUN is instructed to circulate the draft
resolution on Somali piracy (paragraph 3) to our P3 partners
upon receipt of this message and report responses to the
Department. After having shared the draft with the P3, USUN
should table the resolution to the rest of the Council NLT
COB on Wednesday, December 10. Info addressees can draw from
the information in paragraph 2 in responding to inquiries
from host countries about the ministerial.

2. Background: On December 16 the UN Security Council will
host a ministerial open debate on Somalia piracy. Croatia as
Council President for December will chair the meeting, which
is being held at the request of the United States.
Secretary Rice will be representing the USG at the Council.
Official invitations will be coming from the Croatian Mission
in New York to UN Security Council members only. However,
since this is an open debate, any member state of the United
Nations can address the Council on the issue. If info
addressees discover their countries will be represented above
the level of New York PermRep, please notify Joseph
FitzGerald in IO/UNP (202-647-2641 or
fitzgeraldjj@state.sgov.gov) with any relevant information.

3. Begin text for resolution on Somalia piracy:

The Security Council,

(1) Recalling its previous resolution concerning the
situation in Somalia, especially resolutions 1814 (2008),
1816 (2008), 1838 (2008), 1844 (2008), and 1846 (2008),

(2) Continuing to be gravely concerned by the dramatic
increase in the incidents of piracy and armed robbery at sea
off the coast of Somalia in the last six months, and noting
that pirate attacks off the coast of Somalia have become more
sophisticated and daring and have expanded in their
geographic scope, notably evidenced by the hijacking of the
M/V Sirius Star 500 nautical miles off the coast of Kenya and
subsequent unsuccessful attempts well east of Tanzania,

(3) Reaffirming its respect for the sovereignty, territorial
integrity, political independence and unity of Somalia,
including Somalia's rights with respect to offshore natural
resources, including fisheries, in accordance with
international law,

(4) Again taking into account the crisis situation in
Somalia, and the lack of capacity of the Transitional Federal
Government (TFG) to interdict, or upon interdiction to
prosecute pirates or to patrol and secure the waters off the
coast of Somalia, including the international sea lanes and
Somalia's territorial waters,

(5) Noting the several requests from the TFG for
international assistance to counter piracy off its coast,
including (the most recent letter of that requests
the international community to assist the TFG in battling the
scourge of piracy on its shores as well as on the sea, and)
the 1 September 2008 letter from the President of Somalia to
the Secretary-General of the UN 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 off the coast of Somalia,

(6) Welcoming the launching of the EU operation Atalanta to
combat piracy off the coasts of Somalia and to escort
humanitarian ships bound for Somalia, as well as the efforts
by the North Atlantic Treaty Organization, and other States
acting in a national capacity in cooperation with the TFG to
suppress piracy off the Somali coast,

(7) Also welcoming the recent initiatives of the Governments
of Egypt, Kenya, and the United States of America, and the
Secretary-General's Special Representative for Somalia, to
achieve effective measures to remedy the causes,
capabilities, and incidents of piracy and armed robbery off
the coast of Somalia, and emphasizing the need for current
and future counter-piracy operations to effectively
coordinate their activities,

(8) Noting with concern that the lack of capacity, domestic
legislation, and clarity about how to dispose of pirates
after their capture, has hindered more robust international
action against the pirates and in some cases led to pirates
being released without facing justice, and reiterating that
the 1988 Convention for the Suppression of Unlawful Acts
Against the Safety of Maritime Navigation (SUA) is one
existing legal mechanism that can be used to prosecute
pirates immediately,

(9) Welcoming the report of the Monitoring Group on Somalia
of 20 November 2008 (2/2008/(), and noting the role piracy
may play in financing embargo violations by armed groups,

(10) Determining that the incidents of piracy and armed
robbery in the waters off the coast of Somalia exacerbate the
situation in Somalia, which continues to constitute a threat
to international peace and security in the region,

(11) 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 waters off the
coast of Somalia;

2. 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 off the coast of Somalia, in
particular, consistent with this resolution, resolution 1846
(2008), and international law, by deploying naval vessels and
military aircraft, by embarking shipriders from
countries willing to take custody of pirates, 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 are
reasonable grounds for suspecting such use, and by actively
interdicting arms trafficking in accordance with their
capabilities and by sharing any information in relation to
weapons seizure with the Monitoring Group;

3. Encourages all States and regional organizations battling
piracy off the coast of Somalia to establish an international
cooperation mechanism to act as a common point of contact
between and among states on all aspects of combating piracy
off Somalia's coast; creating a center in the region to
coordinate information relevant to piracy off the coast of
Somalia; and by sharing in the gathering and analysis of
financial information relevant to the financing of piratical
acts, the payment of ransom, and the downstream use of such
payments;

4. Decides that for a period of twelve months from the date
of adoption of resolution 1846, 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 notification has been provided by the TFG to the
Secretary-General, may take all necessary measures ashore in
Somalia, including in its airspace, to interdict those who
are using Somali territory to plan, facilitate or undertake
acts of piracy and armed robbery at sea and to otherwise
prevent those activities;

5. Welcomes the communiqu issued by the International
Conference on Piracy around Somalia held in Nairobi, Kenya,
on 11 December 2008 (S/2008/XXX), which urged the provision
of necessary technical support to all regional states most
directly affected by piracy and called upon regional and
international organizations to cooperate with these countries
in developing capacities to combat this scourge, and requests
the Secretary-General to submit a report to the Security
Council, within 45 days from the date of adoption of this
resolution, to identify the nature and scope of international
assistance needed to enhance the capacities of relevant
states in the region, in particular in connection with the
arrest, detention, prosecution and fair trial of persons
accused of being involved in piracy or armed robbery at sea,
and to make proposals in this regard with respect to the
negotiation of agreements between the United Nations and one
or more such relevant states in the region,

6. Notes with concern the findings contained in the 20
November 2008 report of the Monitoring Group on Somalia that
escalating ransom payments are fueling the growth of piracy
in waters off the coast of Somalia, and that the lack of
enforcement of the arms embargo established by resolution 733
(1992) has permitted ready access to the arms and ammunition
used by the pirates and driven in part the phenomenal growth
in piracy, and discourages the payment of such ransoms;

7. Recalls its decision in paragraph 8 of resolution 1844
(2008) and in that regard affirms that engaging in acts of
piracy or armed robbery at sea off the coast of Somalia
threaten the security and stability of Somalia;

8. Affirms that the authorization 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;

9. Decides that the measures imposed by paragraph 5 of
resolution 733 (1992) and further elaborated upon by
paragraphs 1 and 2 or resolution 1425 (2002) shall not apply
to deliveries of weapons and military equipment intended
solely for the purposes set out in paragraph 4 of this
resolution;

10. Urges States in collaboration with the shipping and
insurance industries, and the IMO to continue to develop
avoidance, evasion, and defensive best practices and
advisories to take when under attack or when sailing in
waters off the coast of Somalia, and urges States to make
their citizens and vessels available for forensic
investigation at the first port of call immediately following
an act or attempted act of piracy or release from captivity;

11. Decides to remain seized of the matter.
RICE

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