Cablegate: Somalia Piracy: Voting Instructions for French


DE RUEHC #6405 2791753
O P 051748Z OCT 08



E.O. 12958: N/A

1. USUN is instructed to vote in favor of and co-sponsor
the French drafted resolution on Somalia piracy to be
adopted in the Security Council early next week.

2. Begin text of resolution:

(1) Recalling its resolutions 1814 (2008) and 1816 (2008),

(2) Gravely concerned by the recent proliferation of acts
of piracy and armed robbery at sea against vessels off the
coast of Somalia, and by the serious threat it poses 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
conducted in conformity with international law,

(3) Noting with concern also that increasingly violent
acts of piracy are carried out with heavier weaponry, in a
larger area off the coast of Somalia, using long range
assets such as mother ships, and demonstrating more
sophisticated organization and methods of attack,

(4) 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) Commending the contribution made by some States since
November 2007 to protect the World Food Program ('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, and the ongoing planning process towards a
possible European Union naval operation, as well as other
international or national initiatives taken with a view to
implementing resolutions 1814 (2008) and 1816 (2008),

(6) Noting recent humanitarian reports that as many as
three-and-a-half million Somalis will be dependent on
humanitarian food aid by the end of the year, and that
maritime contractors for the WFP will not deliver food aid
to Somalia without naval warship escorts, expressing its
determination to ensure long-term security of WFP
deliveries to Somalia and recalling that it requested the
Secretary-General in resolution 1814 to provide his
support for efforts to protect WFP maritime convoys,

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

(8) Taking note of the letter dated 1 September 2008 of
the President of Somalia to the Secretary General of the
United Nations expressing the Transitional Federal
Government ("TFG") appreciation to the Security Council
for its assistance and expressing the TFG willingness to
consider working with other states, as well as regional
organizations, to provide advance notifications additional
to those already provided, in accordance with paragraph 7
of resolution 1816 (2008), to combat piracy and armed
robbery at sea off the coast of Somalia,

(9) Recalling that in the statement of its President dated
4 September 2008 (S/PRST/2008/33) it welcomed the signing
of a peace and reconciliation agreement in Djibouti and
commended the Special Representative of the
Secretary-General for Somalia, Mr Ahmedou Ould-Abdallah,
for his ongoing efforts, and emphasizing the importance of
promoting a comprehensive and lasting settlement in

(10) Recalling also that in the statement of its President
dated 4 September (S/PRST/2008/33) it took note of the
parties' request in the Djibouti Agreement that the United
Nations, within a period of 120 days, authorise and deploy
an international stabilisation force and looking forward
to the Secretary-General's report due 60 days from its
passage, in particular a detailed and consolidated
description of a feasible multinational force, as well as
a detailed concept of operations for a feasible UN
peacekeeping operation,

(11) Emphasizing that peace and stability, 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,

(12) 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 against international peace and
security in the region,

(13) Acting under Chapter VII of the Charter of the United

1. Reiterates that it
condemns and deplores all
acts of piracy and armed robbery at sea against vessels
off the coast of Somalia;

2. Calls upon States
interested in the security of
maritime activities to take part actively in the fight
against piracy on the high seas off the coast of Somalia,
in particular by deploying naval vessels and military
aircraft, in accordance with international law, as
reflected in the Convention;

3. Calls upon States whose
naval vessels and
military aircraft operate on the high seas and airspace
off the coast of Somalia to use on the high seas and
airspace off the coast of Somalia the necessary means, in
conformity with international law, as reflected in the
Convention, for the repression of acts of piracy;

4. Urges States that have
the capacity to do so to
cooperate with the TFG in the fight against piracy and
armed robbery at sea in conformity with the provisions of
resolution 1816;

5. Urges also States and
regional organizations, in
conformity with the provisions of resolution 1814, to
continue to take action to protect the World Food Program
maritime convoys, which is vital to bring humanitarian
assistance to the affected populations in Somalia;

6. Urges States, as
requested in particular by
International Maritime Organization Resolution ('IMO')
A-1002(25), to issue to ships entitled to fly their flag,
as necessary, advice and guidance on appropriate
precautionary measures to protect themselves from attack
or actions to take if under attack or the threat of attack
when sailing in waters off the coast of Somalia;

7. Calls upon States and
regional organizations to
coordinate their actions pursuant to paragraphs 3, 4 and 5

8. Affirms that the
provisions 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 situation, and underscores in
particular that it shall not be considered as establishing
customary international law;

9. Looks forward to the
report of the
Secretary-General requested in paragraph 13 of resolution
1816 and expresses its intention to review the situation
with respect to piracy and armed robbery at sea against
vessels off the coast of Somalia with a view, in
particular, upon the request of the TFG, to renewing the
authority provided in paragraph 7 of resolution 1816 for
an additional period;

10. Decides to remain seized
of the matter.

end text

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